Paragraph 31 Spoilt ballot papers
If a voter has inadvertently dealt with his ballot paper for a referendum in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) he may return (either by hand or by post) to the counting officer the spoilt ballot paper.
A voter who returns his spoilt ballot paper under paragraph (1) shall return the security statement and, where there are combined polls, the ballot paper issued to him for the other poll, whether spoilt or not.
On receipt of the documents referred to in paragraphs (1) and (2), the counting officer shall issue a replacement ballot pack for the referendum or the combined polls (as the case may be), if—
the counting officer is satisfied that the voter is the person to whom the ballot paper referred to in paragraph (1) was issued;
the counting officer is satisfied that the voter has returned all the ballot papers which he received;
the documents are received no later than—
5 p.m. on the day before the date of the referendum where returned by post; or
one hour before the close of the poll where returned by the voter in person.
Rule 19 shall apply for the delivery to the voter of a replacement ballot pack under paragraph (3), except that where the voter applies in person the counting officer may instead hand the replacement ballot pack to him.
The counting officer shall immediately cancel the spoilt ballot paper and the security statement relating to it and, at combined polls, any other ballot paper issued with it.
The counting officer, as soon as practicable after cancelling those documents and issuing a replacement ballot pack, shall—
make up the cancelled documents in a separate packet (“the packet of spoilt ballot papers”) and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in paragraph (5), the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed;
record on the list of ballot numbers issued that the ballot number applying to the cancelled documents is no longer valid;
record on the list of ballot numbers issued the ballot number applying to the replacement ballot pack issued to the voter and to which voter it was issued.
The counting officer shall enter in a list kept for the purpose (“the list of spoilt ballot papers”)—
the name and number of the elector as stated in the register;
the ballot number of the spoilt ballot papers and replacement ballot papers issued under this paragraph; and
where the voter whose ballot paper is spoilt is a proxy, the proxy’s name and address.
Where a voter by reason of blindness or physical disability cannot reasonably be expected to apply by post or attend in person upon the counting officer, the counting officer on receipt of a request shall attend or make arrangements for one of his clerks to attend on the voter at an agreed time and place to enable an application to be made under this rule.