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Paragraph 58 Rejected ballot papers

Original text. Later amendments are not shown.

(1)

Any ballot paper—

(a)

which does not have the official mark,

(b)

on which a vote for more than one answer is given to the question asked in the referendum,

(c)

on which anything is written or marked by which the voter can be identified, except the ballot number on the back, or

(d)

which is unmarked or where the voter’s intention is uncertain,

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

(2)

Where—

(a)

a combined ballot paper is used;

(b)

the voter’s intention is clear as regards one referendum; and

(c)

in relation to the other referendum the ballot paper is unmarked or the voter’s intention is uncertain,

the ballot paper for the one referendum shall not be treated as void and not counted under paragraph (1)(d).

(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 void (either wholly or as respects that vote), if the voter’s intended answer to the question asked in the referendum is apparent, and the way the paper is marked (which in the case of a combined ballot paper means all of the combined ballot paper) does not itself identify the voter and it is not shown that he can be identified by it.

(4)

The counting officer shall 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 by a counting agent to his decision.

(5)

In the case of a combined ballot paper on which any vote is to be counted under paragraph (2) above, the counting officer shall endorse the words “rejected in part” on the ballot paper and indicate which vote is to be counted and shall add to the endorsement the words “rejection objected to” if any objection is made by a counting agent to his decision.

(6)

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

(a)

want of an official mark;

(b)

voting for more answers than the number of questions asked in the referendum;

(c)

writing or mark by which the voter could be identified;

(d)

unmarked or where the voter’s intention is uncertain.

(7)

As soon as practicable after completion of the provisional statement under paragraph (6), the counting officer shall inform the Chief Counting Officer of its contents.

(8)

Where a combined ballot paper is used, separate statements under paragraph (6) shall be drawn up in relation to its use as a ballot paper for each of the combined polls and each statement shall include the number of ballot papers rejected in part.