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The Scottish Local Government Elections Regulations 2002

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Lost postal ballot papers

15.—(1) Where a postal voter has not received his postal ballot paper by the third day before the day of the poll, such voter may apply (whether or not in person) to the returning officer for a replacement ballot paper.

(2) Such an application shall include evidence of the voter’s identity.

(3) Where the application is received by the returning officer before 5.00 p.m. on the day before the day of the poll and the returning officer–

(a)is satisfied as to the voter’s identity; and

(b)has no reason to doubt that the postal voter did not receive the original postal ballot paper,

the returning officer shall issue another postal ballot paper or, as the case may be, postal ballot papers.

(4) The returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)–

(a)the name and number of the elector as stated in the register;

(b)the number of the lost postal ballot paper and of its replacement issued under this regulation; and

(c)where the postal voter whose ballot paper is lost is a proxy, such voter’s name and address.

(5) Regulation 9 (except paragraph (3)), 11, 12 and, subject to paragraph (6) below, 13 shall apply in relation to a replacement postal ballot paper under paragraph (3) as they apply in relation to a postal ballot paper.

(6) Where a postal ballot voter applies in person, the returning officer may hand a replacement ballot paper to such voter instead of delivering it in accordance with regulation 13.

(7) Where the returning officer issues another postal ballot paper, or, as the case may be, postal ballot papers under paragraph (3), the lost ballot paper shall be void and of no effect.

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