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The Scottish Parliament (Elections etc.) Order 2015

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Cancellation of postal ballot papers

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15.—(1) Where, after the latest time for delivery of nomination papers for candidature for a Scottish parliamentary election, an application is granted that—

(a)will result in a voter being removed from the postal voters list or the proxy postal voters list; or

(b)is an application from a person under articles 9(4)(a) or 11(6) (an application by a person, or a proxy for a person, for postal ballot papers to be sent to a different address),

and the grant of that application is not to be disregarded for the purposes of that election under paragraph 9 of Schedule 3, the ERO must notify the CRO who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application mentioned in sub-paragraph (b), must issue a replacement postal ballot paper or, as the case may be, papers.

(2) Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with sub-paragraph (1) (whether to the ERO or CRO), it must be dealt with as follows—

(a)the ballot paper, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the ERO must be given by the ERO to the CRO;

(b)any document returned in accordance with this sub-paragraph, but not cancelled in accordance with sub-paragraph (1), must be cancelled immediately;

(c)the CRO, as soon as practicable after receiving and cancelling those documents, must make up those documents in a separate packet and seal that packet, and if on any subsequent occasion further such documents are returned, the sealed packet is to be opened and the additional cancelled documents included in it and the packet is then to be again made up and sealed.

(3) The CRO must enter in a list kept for the purpose of recording postal ballot papers cancelled under this paragraph (“the list of cancelled postal ballot papers”)—

(a)the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, their electoral number alone);

(b)the numbers of all cancelled postal ballot papers;

(c)the numbers of any replacement postal ballot papers issued under sub-paragraph (1), and

(d)where the postal voter is a proxy, their name and address.

(4) Paragraphs 8 (except sub-paragraph (3)(a)), 10, 11 and 12 apply to a replacement postal ballot paper issued under paragraph (1).

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