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The Scottish Local Government Elections Regulations 2002

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Procedure in relation to declarations of identity

22.—(1) The returning officer shall take measures to be satisfied that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given the witness’s address.

(2) Where the returning officer is not so satisfied, the returning officer shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to paragraph (3), place it in the receptacle for rejected votes.

(3) Before placing the declaration in the receptacle for rejected votes, the returning officer shall show it to the agents and, if any of them object to the returning officer’s decision, shall add the words “rejection objected to”.

(4) The returning officer shall then examine the number (or numbers) on the declaration of identity against the number (or numbers) on the ballot paper envelope and, where they are the same, shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(5) Where–

(a)the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope, or

(b)that envelope has no number on it (or only one number when the declaration of identity has more than one),

the returning officer shall open the envelope.

(6) Paragraph (7) applies where–

(a)there is a valid declaration of identity but no ballot paper envelope, or

(b)the ballot paper envelope has been opened under regulation 21(3) or paragraph (5).

(7) In the circumstances described in paragraph (6), the returning officer shall place–

(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;

(b)in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “provisionally rejected”;

(c)in the receptacle for rejected votes, any valid declaration of identity marked “provisionally rejected” where–

(i)there is no ballot paper, or

(ii)in the case of a declaration on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers, and in such cases, shall mark the declarations to indicate which ballot paper is missing;

(d)in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c).

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