The Scottish Parliament (Elections etc.) Order 2010

Tendered ballot papers

49.—(1) Paragraph (5) applies if a person represents to be—

(a) a particular elector named in the polling register and not named in the postal voters list or list of proxies; or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

and that person applies for a ballot paper after another person has voted in person either as the elector or the elector’s proxy.

(2) Paragraph (5) also applies if—

(a) a person applies for a ballot paper by representing to be a particular elector named in the polling register,

(b) the person is also named in the postal voters list, and

(c) the person claims not to have made an application to vote by post at the election.

(3) Paragraph (5) also applies if—

(a) a person applies for a ballot paper by representing to be a particular person named as a proxy in the list of proxies,

(b) the person is also named in the proxy postal voters list, and

(c) the person claims not to have made an application to vote by post as proxy.

(4) Paragraph (5) also applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents to be—

(a) a particular elector named in the polling register and who is also named in the postal voters list, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims to have lost or not to have received that person’s postal ballot paper.

(5) The person shall, on satisfactorily answering the questions permitted under rule 44 to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(6) A tendered ballot paper shall—

(a) be a different colour or colours from the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter’s number in the register of electors, and set aside in a separate packet.

(7) The name of the voter and the voter’s number in the polling register shall be entered on a list (in these Rules referred to as the “tendered votes list”) and the voter shall sign the list opposite the entry relating to the voter.

(8) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

(9) This rule applies to an elector who has an anonymous entry subject to the following modifications—

(a) in paragraphs (6)(b) and (7) the references to the name of the voter must be ignored;

(b) in paragraph (7) the reference to the voter being required to sign the tendered votes list must be ignored;

(c) otherwise, a reference to a person named in the polling register or a list must be construed as a reference to a person whose number appears on the polling register or list (as the case may be).

(10) At a Scottish parliamentary general election, the same tendered votes list, required under paragraph (7), may be used in relation to all tendered votes in respect of that election and, where it is so used, an entry in that list in relation to a voter shall, unless the contrary intention appears, be taken to mean that tendered ballot papers were marked by that voter in relation to both of the voter’s votes at that election.