The Scottish Local Government Elections Order 2011

Counting of votes by means other than electronic counting

55.  Where in accordance with rule 42(3) or (4) the returning officer makes arrangements for the count to be conducted other than by means of an electronic counting system these rules shall apply with the following modifications—

(a) in rule 43—

(i) after paragraph (1) insert—

“(1A) The returning officer shall not count the votes given on any ballot papers until the ballot papers from a ballot box have been mixed with at least one other ballot box.”;

(ii) for paragraph (4) substitute—

“(4) The returning officer, while counting and recording the number of ballot papers and confirming the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.”;

(b) in rule 44 for paragraph (1)(a) substitute, “(a) which does not bear or contain an official mark;”;

(c) in rule 53 after paragraph (1) insert—

“(1A) Where only one vacancy remains unfilled and the number of votes then credited to any one continuing candidate (“the highest continuing candidate”) is equal to or greater than the total number of votes then credited to all the other continuing candidates, the highest continuing candidate is deemed to be elected.”; and

(d) in rule 57—

(i) for paragraph (1) substitute—

“(1) On the completion of the counting at a contested election, the returning officer shall seal up in separate packets the counted and rejected ballot papers.”; and

(ii) omit paragraphs (3) and (4).