Rejected ballot papers
40.—(1) Any ballot paper–
(a)which does not bear the official mark, or
(b)on which votes are given for more than one candidate, or
(c)on which anything is written or marked by which the voter can be identified except the printed number on the back, or
(d)which is unmarked or null and void for uncertainty,
shall, subject to paragraph (2) below, be null and void and not counted.
(2) A ballot paper on which the vote is marked–
(a)elsewhere than in the proper place, or
(b)otherwise than by means of a cross, or
(c)by more than one mark,
shall not for such reason be deemed to be null and void if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he or she can be identified by it.
(3) The returning officer shall endorse the word “rejected” on any ballot paper which under this article is not to be counted, and shall add to the endorsement the words “rejection objected to” if any objection is made by a counting agent to his or her decision.
(4) The returning officer shall draw up a statement showing the number of ballot papers rejected, under the several heads of–
(a)want of official mark;
(b)voting for more than one candidate;
(c)writing or mark by which voter could be identified;
(d)unmarked or null and void for uncertainty.