The Scottish Parliament (Elections etc.) Order 2002

Procedure in relation to declarations of identity

20.—(1) The constituency returning officer shall 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 address (referred to as a “valid declaration of identity”).

(2) Where the constituency returning officer 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, subject to sub-paragraph (3) below, place it in the receptacle for rejected votes.

(3) Before placing the declaration in the receptacle for rejected votes, the constituency returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(4) The constituency returning officer shall then compare the number (or numbers) on the declaration of identity against the number or (numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope in, respectively the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(5) Where there is a valid declaration of identity but no ballot paper envelope, or where the envelope has been opened under paragraph 19(3) above, he shall place–

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity;

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

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

(6) Where the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the declaration of identity has more than one), the constituency returning officer shall open the envelope.

(7) Where an envelope has been opened under paragraph 19(3) above or sub paragraph (6) above, the constituency returning office shall–

(a) place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;

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

(c) place in the receptacle for rejected votes any declaration of identity marked “provisionally rejected” in respect of a ballot paper envelope–

(i) which does not contain a ballot paper; or

(ii) which does not contain a sufficient number of ballot papers if more than one number appears on the declaration,

and shall indicate the missing ballot paper, where that is the case; and

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