European Parliamentary Elections (Northern Ireland) Regulations 2004

Spoilt postal ballot papers

26.—(1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper and the declaration of identity.

(2) On receipt of the documents referred to in sub-paragraph (1) above, the returning officer shall issue another postal ballot paper except where those documents are received after 5 p.m. on the day before the day of the poll.

(3) Paragraphs 21 (except sub-paragraph (3)), 23, 24 and, subject to sub-paragraph (6) below, 25 above shall apply to the issue of a replacement postal ballot paper under sub-paragraph (3) above.

(4) The spoilt postal ballot paper and the declaration of identity shall be immediately cancelled.

(5) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(6) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 25 above.

(7) The returning officer shall enter in a list kept for the purpose (“the list of spoilt ballot papers”)—

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

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

(c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.