The Greater London Authority Elections Rules 2007

Rejected ballot papers

50.—(1) Any ballot paper—

(a) which does not bear the official mark,

(b) 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,

(c) which is unmarked,

(d) which is void for uncertainty,

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

(2) A ballot paper on which a 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,

must not for such reason be void if—

(i) at an election at which more than two candidates remain validly nominated, an intention that a first preference vote be given for not more than one of the candidates clearly appears,

(ii) at any other election, an intention that a vote is for one only of the candidates clearly appears.

(3) A ballot paper—

(a) which is not void, and

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

will be valid as respects that second preference vote and must be counted accordingly.

(4) Where the electronic counting system identifies a ballot paper that has been marked, but which appears—

(a) to be void, or

(b) to contain a first preference vote that can be counted, and another mark that cannot be counted as a second preference vote,

then that ballot paper must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (7).

(5) If the clerk, having examined the ballot paper, considers that—

(a) it is void, or

(b) that it is marked with a first preference vote that can be counted, but that it is not marked with a second preference vote that can be counted,

then the CRO must examine it in the manner referred to in paragraph (7).

(6) After the CRO examines the ballot paper, he must give his decision as to whether or not—

(a) it is void, or

(b) it is marked with a second preference vote that can be counted.

(7) An examination under paragraph (4) or (5) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.

(8) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraphs (5)—

(a) either in the manner referred to in paragraph (7), or

(b) by examining a paper copy,

and where the CRO does so, he must give a decision on that paper in accordance with paragraph (6),

(9) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.

(10) A record of the CRO’s decision under paragraph (6) must be retained in the electronic counting system together, in the case of a decision that the ballot is void, with his reasons by reference to paragraph (1).

(11) If a counting agent objects to the CRO’s decision that the ballot paper—

(a) is void, or

(b) is marked with a second preference vote that cannot be counted,

the CRO must record on the electronic counting system that the decision was objected to.

(12) A record must be retained in the electronic counting system of the number of ballot papers which are not void, but on which a second preference vote has not been counted because—

(a) a vote has not been marked,

(b) a vote has been given for more than one candidate, or

(c) there is uncertainty as to for whom a vote was given.

(13) The CRO 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 first preference vote,

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

(d) unmarked as to the first preference vote, and

(e) void for uncertainty.

(14) As soon as practicable after the completion of the statement under paragraph (13) the CRO must inform—

(a) such candidates, election agents and counting agents as are present at the count, and

(b) the GLRO,

of its contents.

(15) The CRO must also include in the statement drawn up under paragraph (13), the numbers of second preference votes for which a record has been retained, set out under the several heads in subparagraphs (12)(a) to (c).