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Referendums (Scotland) Act 2020

Status:

This is the original version (as it was originally enacted).

Rejected ballot papers

31(1)Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject to paragraph (3).

(2)This paragraph applies to a ballot paper—

(a)which does not bear the official mark,

(b)which indicates votes in favour of more answers than are permitted,

(c)on which anything is written or marked by which the voter can be identified (other than by the unique identifying number), or

(d)which is unmarked or void for uncertainty.

(3)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 marks than are permitted,

is not for such reason to be considered to be void by reason only of indicating a vote by means of figures or words (or any other mark) instead of a cross if, in the counting officer’s opinion, the mark clearly indicates the voter’s intention.

(4)Paragraph (3) does not apply if—

(a)the way in which the ballot paper is marked identifies the voter, or

(b)it can be shown that the voter can be identified from it.

(5)The counting officer must—

(a)endorse the word “rejected” on any ballot paper which falls not to be counted under this rule, and

(b)if any counting agent objects to the counting officer’s decision, add to the endorsement the words “rejection objected to”.

(6)The counting officer must prepare a statement showing the number of ballot papers rejected under each of sub-paragraphs (a) to (d) of paragraph (2).

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