Referendums (Scotland) Act 2020

Superseded postal ballot papers

29 (1) This paragraph applies where—

(a) an event mentioned in sub-paragraph (2) occurs in relation to a voter or a voter’s proxy, and

(b) the documents mentioned in sub-paragraph (3) have previously been issued to the voter or, as the case may be, proxy.

(2) The events are—

(a) an application by the voter is granted under paragraph 3(2), (5), (6) or (7),

(b) the voter is removed from the postal voters list,

(c) the appointment of the proxy to vote for the voter in the referendum is cancelled, or ceases to have effect, by virtue of paragraph 5(11),

(d) the proxy is removed from the proxy postal voters list,

(e) an application by the proxy is granted under paragraph 6(8).

(3) The documents are—

(a) a postal ballot paper (a “superseded postal ballot paper”),

(b) a postal voting statement,

(c) the envelopes supplied for their return.

(4) The registration officer must notify the counting officer of the occurrence of the event.

(5) The superseded postal ballot paper is void and of no effect.

(6) The counting officer must issue a replacement postal ballot paper where an application is granted under paragraph 3(5) or 6(8).

(7) The voter or, as the case may be, proxy must return the documents mentioned in sub-paragraph (3).

(8) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (7) must be immediately cancelled.

(9) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (8), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(10) The counting officer must enter in a list kept for the purpose (“the list of superseded postal ballot papers”)—

(a) the name and number of the voter as stated in the register of local government electors (or, in the case of a voter who has an anonymous entry, the voter’s voter number alone),

(b) the number of the superseded postal ballot paper,

(c) the number of any replacement postal ballot paper issued under sub-paragraph (6), and

(d) where the superseded postal ballot paper was issued to a proxy, the name and address of the proxy.