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The Crofting Commission (Elections) (Scotland) Regulations 2011

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Sealing up of ballot papers

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50.—(1) On the completion of the counting at a contested election the returning officer must seal up in packets—

(a)the ballot papers, marked copies of the crofting electoral register, marked copies of the absent electors list and the list of proxies, the completed corresponding number lists, certificates as to employment on duty on the day of the count or certificates as to the inspection of any counted ballot papers in such officer’s custody; and

(b)where an electronic counting system has been used, a complete electronic copy of the information stored in the electronic counting system held in a device suitable for the purposes of its storage.

(2) The returning officer must not open the packets sealed under paragraph (1).

(3) As soon as reasonably practicable after an electronic copy mentioned in paragraph (1) has been stored in accordance with that paragraph, the returning officer must obtain a copy of such information as may be required to comply with the requirements of regulation 49 and must then procure that all original electronic data or records relating to the election are removed from the electronic counting system and that it (and any copy of that data or records other than a copy made pursuant to paragraph (1) or to comply with the requirements of regulation 49) is destroyed in a manner which ensures that the confidentiality of the data or records is preserved.

(4) Any information retained to comply with the requirements of regulation 49 may be used only for that purpose and the returning officer must, in keeping and using it, take all reasonable steps to maintain the secrecy of voting.

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