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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Rejected ballot papers
This section has no associated Explanatory Memorandum

53.—(1) Any ballot paper—

(a)which does not bear the official mark;

(b)on which more than one first preference vote is given;

(c)on which anything is written or marked by which the voter can be identified (except the printed number and other unique identifying mark on the back);

(d)which is unmarked;

(e)which is void for uncertainty as to the first preference vote,

is, subject to paragraph (2), void and not to be counted.

(2) A ballot paper on which the vote is marked—

(a)elsewhere than in the proper place, or

(b)otherwise than by means of a cross, or

(c)by more than one mark,

is not for that reason void if condition A or condition B is met.

(3) Condition A is that—

(a)three or more candidates remain validly nominated,

(b)an intention that a first preference vote be given for not more than one of the candidates clearly appears, and

(c)the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified from it.

(4) Condition B is that—

(a)paragraph (3)(a) does not apply,

(b)an intention that a vote is for one only of the candidates clearly appears, and

(c)the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified from it.

(5) A ballot paper—

(a)which is not otherwise void, and

(b)on which not more than one first preference vote is marked (whether or not a second preference vote is marked),

is valid as respects that first preference vote and must be counted accordingly.

(6) The local returning officer must endorse the word “rejected” on any ballot paper which under this rule is not be to counted and must add to the endorsement the words “rejection objected to” if any objection is made to the officer’s decision by a counting agent.

(7) The local returning officer must draw up a statement showing the number of rejected ballot papers under the several heads of—

(a)want of an official mark;

(b)voting for more than one candidate as to the first preference vote;

(c)writing or mark by which the voter could be identified;

(d)unmarked as to the first preference vote;

(e)void for uncertainty.

(8) In the case of an election where only two candidates remain validly nominated, this rule is to have effect as if—

(a)in paragraph (1)(b), for “first preference vote” there were substituted “vote”;

(b)in paragraphs (1)(e) and (7)(b) and (d), the words “as to the first preference vote” were omitted;

(c)paragraph (5) were omitted.

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