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Paragraph 51 Rejected ballot papers

(1)

Any ballot paper—

(a)

which does not bear the official mark, or

(b)

on which more than one F1first preference vote is given, or

(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, or

(d)

which is unmarked or void for uncertainty F2as to the first preference vote,

shall, subject to paragraph (2), be void and not 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,

shall not for such reason be deemed to be void if—

F3(i)

at an election at which three or more candidates remain validly nominated, an intention that a vote shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears, or

(ii)

F4at any other election an intention that a vote shall be for one only of the candidates clearly appears,

and F5(in either case) the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

F6(3)

A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) is valid with respect to that vote, and must be counted accordingly.

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The returning officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if any objection is made to the returning officer's decision by a counting agent.

(5)

The returning officer must draw up a provisional statement showing the number of ballot papers rejected, under the several heads of—

(a)

want of official mark,

(b)

voting for more than one candidate F8as to the first preference vote,

(c)

writing or mark by which the voter could be identified, and

(d)

unmarked or void for uncertainty F9as to the first preference vote.

(6)

As soon as practicable after the completion of that statement, the returning officer must inform the F10CA/CCA returning officer of its contents.

F11(7)

In the case of an election where only two candidates remain validly nominated, this rule is to apply as if—

(a)

in paragraph (1)(b), for “first preference vote” there were substituted “vote”,

(b)

in paragraphs (1)(d) and (5)(b) and (d), the words “as to the first preference vote” were omitted,

(c)

paragraph (3) were omitted.

Annotations

Textual amendments

F1

Words in Sch. 3 rule 51(1)(b) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(a)(i) (with art. 1(2))

F2

Words in Sch. 3 rule 51(1)(d) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(a)(ii) (with art. 1(2))

F3

Sch. 3 rule 51(2)(i) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(b)(i) (with art. 1(2))

F4

Words in Sch. 3 rule 51(2)(ii) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(b)(ii) (with art. 1(2))

F5

Words in Sch. 3 rule 51(2)(ii) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(b)(iii) (with art. 1(2))

F6

Sch. 3 rule 51(3) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(c) (with art. 1(2))

F7

Sch. 3 rule 51(3) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 5(6)(f) (with art. 1(2))

F8

Words in Sch. 3 rule 51(5)(b) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(d)(i) (with art. 1(2))

F9

Words in Sch. 3 rule 51(5)(d) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(d)(ii) (with art. 1(2))

F10

Word in Sch. 3 rule 51 substituted (7.2.2024) by The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 13(28)(d)

F11

Sch. 3 rule 51(7) inserted (18.6.2026) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (S.I. 2026/652), arts. 1(1)(c), 5(5)(e) (with art. 1(2))

Notes on Schedule 3

Textual amendments

F1

Words in Sch. 3 heading omitted (7.2.2024) by virtue of The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 13(2)