The Scottish Parliament (Elections etc.) Order 1999

Rejected ballot papers

56.—(1) Any ballot paper–

(a) which does not bear the official mark;

(b) in the case of a constituency ballot paper, on which votes are given for more than one candidate;

(c) in the case of a regional ballot paper, on which votes are given for more than one registered party or individual candidate, or for a registered party and an individual candidate;

(d) on which anything is written or marked by which the voter can be identified except the printed number on the back; or

(e) which is unmarked or void for uncertainty,

shall, subject to the provisions of sub-paragraph (2), be void and not counted.

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

(a) elsewhere than in the proper place;

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

(c) by more than one mark,

shall not for such reason be deemed to be void if an intention that the vote shall be for one of the candidates (or in the case of a regional ballot paper, registered parties) clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified by it.

(3) A regional ballot paper on which a vote is marked for a particular candidate on a registered party’s regional list shall, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote marked for that party.

(4) The constituency returning officer shall endorse the word “rejected” on any ballot paper which under this paragraph is not to be counted, and shall add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to his decision.

(5) The constituency returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of–

(a) want of official mark;

(b) in the case of a constituency ballot paper, voting for more than one candidate;

(c) in the case of a regional ballot paper, voting for more than one party’s regional list or individual candidate, or for a registered party and an individual candidate;

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

(e) unmarked or void for uncertainty.