{
  "url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/schedule-2/paragraph-49",
  "json_url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007/schedule-2/paragraph-49.json",
  "legislation": "ukdsi/2007/9780110717494",
  "legislation_title": "The Scottish Parliament (Elections etc.) Order 2007",
  "legislation_url": "https://openlegislation.uk/draft-scottish-parliament-elections-etc-order-2007",
  "path": "schedule/2/paragraph/49",
  "kind": "paragraph",
  "number": "49",
  "heading": "Tendered ballot papers",
  "text": "(1) If a person, representing himself to be–\n(a) a particular elector named in the register of electors and not named in the special lists kept under article 10(5); or\n(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,\napplies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this paragraph, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.\n(2) Paragraph (4) applies if–\n(a) a person applies for a ballot paper representing himself to be a particular elector named in the register,\n(b) he is also named in the postal voters list, and\n(c) he claims that he did not make an application to vote by post at the election.\n(3) Paragraph (4) also applies if–\n(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,\n(b) he is also named in the proxy postal voters list, and\n(c) he claims that he did not make an application to vote by post as proxy.\n(4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.\n(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be–\n(a) a particular elector named in the register and who is also named in the postal voters list, or\n(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,\nand claims that he has lost or has not received his postal ballot paper.\n(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.\n(7) A tendered ballot paper shall–\n(a) be a different colour or colours from the other ballot papers;\n(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.\n(8) The name of the voter and his number in the register of electors shall be entered on a list (in these Rules referred to as the “tendered votes list”).\n(9) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.\n(10) This rule applies to an elector who has an anonymous entry subject to the following modifications–\n(a) in paragraphs (7)(b) and (8) the references to the name of the voter must be ignored;\n(b) otherwise, a reference to a person named in a register or list must be construed as a reference to a person whose number appears on the register or list (as the case may be).\n(11) This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act as if–\n(a) in sub-paragraphs (1)(a), (2)(a) and (5)(a) for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;\n(b) in sub-paragraph (7)(b) for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;\n(c) in paragraph (8) for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;\n(12) At a Scottish parliamentary general election, the same tendered votes list may be used in relation to all tendered votes in respect of that election and, where it is so used, an entry in that list in relation to a voter shall unless the contrary intention appears, be taken to mean that tendered ballot papers were marked by that voter in relation to both of his votes at that election.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2007/9780110717494/schedule/2/paragraph/49",
    "retrieved_at": "2026-10-30T15:18:40.633858+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}