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Referendums (Scotland) Act 2020

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Changes over time for: Cross Heading: Voting procedure

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Voting procedureS

21(1)Subject to rule 19(4), a ballot paper must be delivered to a voter who applies for one.S

(2)Immediately before delivering the ballot paper to the voter—

(a)the number and (unless paragraph (3) applies) name of the voter as stated in the register of local government electors is to be called out,

(b)the number of the voter is to be marked on the list mentioned in rule 13(3)(e) beside the number of the ballot paper to be delivered to the voter,

(c)a mark is to be placed in the register of local government electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and

(d)in the case of a person applying for a ballot paper as proxy, a mark is also to be placed against that person's name in the list of proxies.

(3)In the case of a voter who has an anonymous entry, the voter's official poll card must be shown to the presiding officer and only the voter's number is to be called out in pursuance of paragraph (2)(a).

(4)In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) is modified as follows—

(a)in sub-paragraph (a), for “register of local government electors” substitute “ copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”,

(b)in sub-paragraph (c), for “in the register of local government electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”.

(5)On receiving the ballot paper, the voter must without delay—

(a)proceed into a compartment in the polling station,

(b)there secretly mark the voter's ballot paper,

(c)show the unique identifying number on the ballot paper to the presiding officer, and

(d)put the ballot paper into the ballot box in the presiding officer's presence.

(6)Where—

(a)a voter attends the polling station before 10pm, and

(b)the voter is still waiting to vote at 10pm,

the presiding officer must permit the voter to vote without delay after 10pm and must close the poll immediately after the last such voter has voted.

(7)The voter must leave the polling station as soon as the voter has put the ballot paper into the ballot box.

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