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SCHEDULES

SCHEDULE 2Rules Applicable to Election of Commissioners

Part 3Contested Elections

Counting of Votes

Rejected ballot papers

16(1)Any ballot paper—

(a)on which votes are given for more candidates than the voter is entitled to vote for, or

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

(c)which is unmarked or void for uncertainty,

shall, subject to subparagraphs (2) and (3) below, be void and not counted.

(2)Where the voter is entitled to vote for more than one candidate, a ballot paper shall not be deemed to be void for uncertainty as respects any vote as to which no uncertainty arises and that vote shall be counted.

(3)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,

shall not for such reason be deemed to be void (either wholly or as respects that vote) if an intention that the vote shall be for one or other of the candidates clearly appears, 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.

(4)The returning officer shall—

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

(b)in the case of a ballot paper on which any vote is counted under subparagraph (2) above, endorse the words “rejected in part” on the ballot paper and indicate which vote or votes have been counted;

and shall add to the endorsement the words “rejection objected to” if any objection is made by a candidate to that decision.

(5)The returning officer shall draw up a statement showing the number of ballot papers rejected, including those rejected in part, under the several heads of—

(a)voting for more candidates than voter is entitled to;

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

(c)unmarked or void for uncertainty;

and the statement shall record the number of ballot papers rejected in part.