Parliamentary Voting System and Constituencies Act 2011

Rejected ballot papers

42 (1) Any ballot paper—

(a) that does not bear the official mark, or

(b) on which a vote is given for both answers to the referendum question, or

(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), or

(d) which is unmarked or does not indicate the voter’s intention with certainty,

is void and not to be counted.

(2) But 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 to be treated as void for that reason if the voter’s intended answer to the referendum question is apparent, and the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified by it.

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

(4) The counting officer must draw up a statement showing the number of ballot papers rejected under each of the following heads—

(a) no official mark;

(b) both answers voted for;

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

(d) unmarked or void for uncertainty.

(5) Once the statement is drawn up the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(6) Where two or more forms of ballot paper are used in the referendum, the counting officer must prepare a separate statement under paragraph (4) in relation to each form of ballot paper used.