The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Spoilt postal ballot paper

11.—(1) If a postal voter has inadvertently dealt with the ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) that person may return (either by hand or by post) to the counting officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where the postal voter exercises the entitlement conferred by sub-paragraph (1), that person must also return—

(a) the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not; and

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

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2) the counting officer must issue another postal ballot paper except where those documents are received after 5p.m. on the day of the poll.

(4) Where the counting officer receives the documents referred to in sub-paragraphs (1) and (2), after 5p.m. on the day before the day of the poll, the counting officer must not issue another postal ballot paper except where the postal voter returned the documents by hand.

(5) Paragraphs 6 (except sub-paragraph (2)), 8 and 9 and, subject to sub-paragraph (8), 10 apply to the issue of a replacement postal ballot paper under sub-paragraph (3).

(6) 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.

(7) The counting officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, 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.

(8) Where a postal voter returns the documents referred to in sub-paragraphs (1) and (2) by hand—

(a) by 5p.m. on the day before the day of the poll, the counting officer may hand a replacement postal ballot paper to that person; or

(b) after 5p.m. on the day before the day of the poll, the counting officer must hand a replacement postal ballot paper to that person,

instead of delivering it in accordance with paragraph 10.

(9) The counting 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 issued under this paragraph; and

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