Paragraph 9 Conduct of the election
The election of the persons to represent teachers shall be conducted in the following manner:—
If the number of duly and properly nominated candidates in a category does not exceed the number of persons to be elected in that category the Returning Officer shall forthwith declare the said candidates to be elected.
If the number of duly and properly nominated candidates in a category exceeds the number of persons to be elected in that category the Returning Officer shall cause ballot papers and identification envelopes to be prepared.
The ballot paper for a category shall be in the form as nearly as may be of Form D in the Appendix to this Scheme and shall contain only the names, addresses and places of employment of all the persons duly and properly nominated as candidates for that category, shall state the last day and time by which the ballot paper may be received and the place to which it is to be returned.
The identification envelopes shall be in the form as nearly as may be of Form E in the Appendix to this Scheme.
The Returning Officer shall, at least twenty-one days prior to the last time fixed for the receipt of ballot papers, such time being not later than twelve noon on 30th November, cause to be forwarded by post to each person qualified to take part in the election at the registered address a ballot paper appropriate to the category of the person together with an identification envelope and each teacher shall be entitled to receive one ballot paper appropriate to the category or where a teacher has two or more categories, the category chosen under article 8(2)(e) above, and one identification envelope, and it shall not be lawful to vote otherwise than by using the ballot paper provided by the Returning Officer.
The ballot paper referred to in paragraph (3) above shall where appropriate be accompanied by a copy of the further information provided by the candidates in terms of article 7(2)(c) and (d) of this Scheme, unless in the Returning Officer’s opinion publication is likely to expose the Council to legal liability.
Each elector shall—
vote by marking the ballot paper delivered to the elector with an “X” against the name or names of the person or persons (not exceeding the number of persons to be elected) for whom the elector votes and shall place the ballot paper folded face inwards in the appropriate identification envelope and shall seal this securely; and
sign the declaration printed on the said envelope, place the said envelope inside a covering envelope which shall then be sealed and sent by post or otherwise to the Returning Officer.
Every ballot paper in respect of which any requirement of this Scheme has not been complied with or on which the elector has placed any mark whereby the elector may be afterwards identified or which is not received by the Returning Officer by twelve noon on the last day fixed for the receipt of ballot papers shall be null and void.
The Returning Officer immediately after the last time fixed for the receipt of ballot papers shall cause the validity of the votes to be ascertained by an examination of the identification envelopes and by such other evidence if any as the Returning Officer may think necessary and shall cause such of the identification envelopes as are found to be valid to be opened and the ballot papers withdrawn, kept folded face inwards, and placed in a separate ballot box dependent upon the category in which the said vote is appropriate.
When all the ballot papers have been transferred to the ballot boxes, they shall be examined and counted and the number of valid votes given for each candidate shall be ascertained.
Any candidate or any agent appointed by a candidate may be present during the examination of the identification envelopes and the counting of the ballot papers.
The appropriate number of candidates in each category having the greatest number of votes shall be declared elected by the Returning Officer. In this paragraph “appropriate number” in relation to a category means the number specified in column (4) of the Table in article 4 above in relation to that category. If the same number of votes has been cast in favour of two or more candidates and the addition of a vote would entitle any of such candidates to be elected, the Returning Officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.
At the time of the declaration of the result of the election the Returning Officer shall intimate the name and address of the arbiter to whom any appeal under article 10(2) below may be made.