The Scottish Parliament (Elections etc.) Order 1999

Opening of covering envelopes

16.—(1) When a postal voters' ballot box has been opened, the constituency returning officer shall count and note the number of covering envelopes, and shall then open each covering envelope separately.

(2) Where a covering envelope does not contain both a declaration of identity and a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers) he shall mark the covering envelope “rejected”, attach to it the contents (if any) of the covering envelope and place it in a separate receptacle (referred to as “the receptacle for rejected votes”); and if the covering envelope does not contain the declaration separately, the constituency returning officer shall open the ballot paper envelope to ascertain if the declaration is inside that envelope.

(3) On opening a covering envelope, other than one to which sub-paragraph (2) above applies, the constituency returning officer shall first satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address and, if he is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope or, if there is no such envelope, the ballot paper (or ballot papers), and place it in the receptacle for rejected votes (but before so doing he shall show the declaration to the agents and, if any objection is made by any agent to his decision, he shall add the words “rejection objected to”).

(4) Where the number (or numbers) on the declaration of identity duly signed and authenticated agrees with the number (or numbers) on the ballot paper envelope, he shall place the declaration in a separate receptacle (referred to as “the receptacle for declarations of identity”) and the ballot paper envelope in another separate receptacle (referred to as “the receptacle for ballot paper envelopes”).

(5) Where there is no ballot paper envelope or the ballot paper envelope has been opened under sub-paragraph (2) above, he shall place–

(a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated;

(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”; and

(c) in the receptacle for declarations of identity, any such declaration not disposed of under sub-sub-paragraph (b) above.

(6) Where the number (or numbers) on the declaration of identity, duly signed and authenticated, is not the same as the number (or numbers) on the ballot paper envelope or that envelope has no number on it (or only one number where the declaration of identity has more than one) he shall open the envelope and shall place–

(a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated;

(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”;

(c) in the receptacle for rejected votes, any declaration of identity, marked “rejected”, in respect of a ballot paper envelope which either does not contain a ballot paper or, where more than one number appears on the declaration, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper); and

(d) in the receptacle for declarations of identity, any such declaration not disposed of under sub-sub-paragraph (b) or (c) above.

(7) Except for the purposes of ascertaining under sub-paragraph (2) above whether a ballot paper envelope contains a declaration of identity or under sub-paragraph (6) above whether the number (or numbers) on the declaration agrees with the number on the ballot paper (or ballot papers), the constituency returning officer shall not open the ballot paper envelopes before they are opened under paragraph 18 below.