Rejected ballot papers
51.—(1) Any ballot paper—
(a)which does not bear the official mark,
(b)on which votes are given for more than one party or individual candidate,
(c)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,
(d)which is unmarked, or
(e)which is void for uncertainty,
is, subject to paragraph (2), void and must not be counted.
(2) 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,
must not for such reason be void if an intention that the vote be given for one only of the party or individual candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.
(3) Where the electronic counting system identifies a ballot paper that has been marked, but which appears for whatever reason to be void, it must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (6).
(4) If the clerk, having examined the ballot, considers that the vote is void then the CRO must examine it in the manner referred to in paragraph (6).
(5) After the CRO examines the ballot paper, he must give his decision as to the validity of the vote.
(6) An examination under paragraph (3) or (4) 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.
(7) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraph (4)—
(a)either in the manner referred to in paragraph (6), 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 (5).
(8) 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.
(9) A record of the CRO’s decision must be retained in the electronic counting system together with, in the case of a decision that the ballot paper is void, his reasons by reference to paragraph (1).
(10) Where a counting agent objects to the CRO’s decision the CRO must record on the electronic counting system that the decision was objected to.
(11) The CRO must draw up a statement showing the number of ballot papers rejected under the several heads of—
(a)want of an official mark,
(b)voting for more than one party or individual candidate,
(c)writing or mark by which the voter could be identified,
(d)unmarked ballot paper, or
(e)void for uncertainty.
(12) As soon as practicable after the completion of the statement under paragraph (11) 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.