Paragraph 60E The count: rejected ballot papersF1

(1)

Subject to paragraph (2), the following ballot papers are void and must not be counted—

(a)

a ballot paper that does not bear the official mark;

(b)

a ballot paper on which the figure “1” standing alone is not placed so as to indicate a first preference for some candidate;

(c)

a ballot paper on which the figure “1” standing alone indicating a first preference is set opposite the name of more than one candidate;

(d)

a ballot paper 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;

(e)

a ballot paper that is unmarked or void for uncertainty.

(2)

Paragraph (3) applies to a ballot paper on which a vote is marked—

(a)

elsewhere than in the proper place, or

(b)

otherwise than by the use of words or any other mark instead of a figure.

(3)

The ballot paper is not, by reason only of how the vote is marked, to be treated as void if, in the returning officer’s opinion, it is clear from the ballot paper that the voter clearly indicated a preference or preferences.

(4)

The returning officer must endorse the word “rejected” on any ballot paper which, in accordance with this rule, is not to be counted.

(5)

If a counting agent objects to the returning officer’s decision, the returning officer must add the words “rejection objected to” to the endorsement.

(6)

The returning officer must prepare a statement showing the number of ballot papers rejected.

(7)

The statement must set out the number rejected under each of sub-paragraphs (a) to (e) of paragraph (1).

Annotations

Textual amendments

F1: Sch. 1 Pt. 4A inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 4(2)