OpenLegislation

Paragraph 14 Spoilt postal ballot paperI1

England and Wales

(1)

If a postal voter (“P”) has inadvertently dealt with P’s postal ballot paper or postal voting statement in a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) or a postal voting statement (referred to as “a spoilt postal voting statement”), P may return the spoilt postal ballot paper or the spoilt postal voting statement to the returning officer, either by hand or by post.

(2)

Where P returns a spoilt postal ballot paper or spoilt postal voting statement in accordance with sub-paragraph (1), P must also return—

(a)

the postal ballot paper, or the postal voting statement, whether spoilt or not,

(b)

where postal ballot papers for more than one election have been issued together, including under paragraph 2, all other ballot papers so issued, whether spoilt or not, and

(c)

the envelopes supplied for the return of the documents mentioned in sub-paragraph (1) and paragraphs (a) and (b) of this sub-paragraph.

(3)

Subject to sub-paragraph (4), where P returns the documents referred to in sub-paragraph (1), and, where applicable, sub-paragraph (2), to the returning officer, the returning officer must issue a replacement postal ballot paper or ballot papers F1, except where those documents are received after 5.00 p.m. on the day of the poll.

(4)

Where the returning officer receives the documents referred to in sub-paragraph (1) and, where applicable sub-paragraph (2), after 5.00 p.m. on the day before the day of the poll, the returning officer must only issue a replacement postal ballot paper or ballot papers if P has returned the documents by hand.

(5)

Instead of delivering a replacement postal ballot paper in accordance with paragraph 13, where P applies in person—

(a)

by 5.00 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to P, or

(b)

after 5.00 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to P.

(6)

Paragraphs 5, 6, 7, 9, except sub-paragraph (2), 10 to 12 and, subject to sub-paragraph (5) of this paragraph, 13, apply to the issue of a replacement postal ballot paper under sub-paragraph (3).

(7)

Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.

(8)

As soon as practicable after cancelling those documents, the returning officer must make up those documents in a separate packet and must seal the packet.

(9)

If on any subsequent occasion additional documents are cancelled in accordance with this paragraph, the sealed packet must be opened and the additional cancelled documents included in it and the packet must then be again made up and sealed.

(10)

The returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a)

the name and number of the elector as stated in the register or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone,

(b)

the number of the postal ballot paper, or papers, issued under this paragraph, and

(c)

where the postal voter whose ballot paper is spoilt is a proxy, the proxy’s name and address.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 14(3) inserted (24.3.2026) by The Representation of the People (Absent Voting and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/91), regs. 1(2), 42

Commencement

I1

Sch. 2 para. 14 in force at 18.7.2025, see art. 1(2)