OpenLegislation

Paragraph 64 Abandoned pollF1C1

(1)

This rule applies to a poll which is abandoned in pursuance of rules 61(4)(b) or 63(2)(b).

(2)

The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as the presiding officer is required to take on the close of the poll.

(3)

It is not necessary for a ballot paper account to be prepared or verified.

(4)

No step or further step is to be taken for the counting of the ballot papers or of the votes.

(5)

The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(6)

The returning officer must dispose of the ballot papers and other documents in the returning officer’s possession as the returning officer is required to do on the completion of the counting of the votes.

(7)

The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).

(8)

Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9)

No order is to be made for—

(a)

the production or inspection of any ballot papers, or

(b)

the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.

Annotations

Textual amendments

F1

Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Modifications

C1

Sch. 5 rule 64(1)-(6) excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 40

Notes on the whole Act

Textual amendments

F1

Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule 5

Textual amendments

F1

SI 1985/454

Modifications

C1

Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))