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Paragraph 45 Tendered ballot papers

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If a person, at an Assembly election, representing himself to be—

(a)

a particular elector named on the register and not named in the absent voters list, or

(b)

a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies 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 this Schedule referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2)

A tendered ballot paper shall—

(a)

be of a colour different from the other ballot papers, and

(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.

(3)

The name of the voter and his number on the register of electors shall be entered on a list (in this Schedule referred to as the “tendered votes list”).

(4)

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.

(5)

At an ordinary election where voters are entitled to give two votes at the polling station, the same tendered votes list for the constituency and regional elections at which the voters are entitled to vote may be used and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were so marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was so marked.