The Scottish Parliament (Elections etc.) Order 2015

Lost postal ballot paper S

14.—(1) Where a postal voter claims either to have lost or not to have received—

(a) the postal voter’s postal ballot paper;

(b) the postal voting statement; or

(c) one or more of the envelopes supplied for their return,

the postal voter may apply (whether or not in person) to the CRO for a replacement ballot paper.

(2) Such an application shall include evidence of the voter’s identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter shall return—

(a) the documents referred to in sub-paragraph (1)(a) to (c); and

(b) where two or more postal ballot papers have been issued together to the postal voter (whether at a Scottish parliamentary general election or under paragraph 2), all other ballot papers so issued,

which the postal voter has received and which have not been lost.

(4) Any postal ballot paper and the postal voting statement returned in accordance with sub-paragraph (3) shall be immediately cancelled.

(5) The CRO, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(6) Subject to sub-paragraphs (7) and (8), where the CRO is satisfied as to the voter’s identity, the CRO shall issue another postal ballot paper or, as the case may be, postal ballot papers [F1 except where those documents are received after 10 pm on the day of the poll].

(7) The CRO may refuse to issue another postal ballot paper if the CRO—

(a) has reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return, or

(b) considers that it is reasonable for the voter to allow further time for delivery of the documents in accordance with paragraph 11.

(8) Where the application under sub-paragraph (1) is received by the CRO after 5 pm on the day before the day of the poll, the CRO shall only issue another postal ballot paper, or as the case may be, ballot papers if the postal voter applies in person.

(9) The CRO must keep a list of lost postal ballot papers, containing—

(a) the name and number of the elector as stated in the polling register (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone);

(b) the number of the lost postal ballot paper, the numbers of any ballot papers returned along with it, and the numbers of all replacement ballot papers issued under this paragraph; and

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

(10) Paragraphs 4, 5, 6 and 8 to 12 shall apply to the issue of replacement postal ballot papers under sub-paragraph (6).

(11) Where a postal voter applies in person—

(a) by 5 pm on the day before the day of the poll, the CRO may hand a replacement postal ballot paper to the postal voter; or

(b) after 5 pm on the day before the day of the poll, the CRO may only hand a replacement postal ballot paper to the postal voter,

instead of delivering it in accordance with paragraph 11.

(12) Where the CRO issues another postal ballot paper or, as the case may be, postal ballot papers under sub-paragraph (6), the lost or unreceived ballot paper shall be void and of no effect.

Textual Amendments

F1 Words in sch. 4 para. 14(6) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 17(3) (with art. 1(2))

Commencement Information

I1 Sch. 4 para. 14 in force at 16.12.2015 in accordance with art. 1(1)