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12.—(1) This paragraph has effect in place of rule 39(1), (2) and (6).
(2) The returning officer shall—
(a)in the presence of the counting agents and the counting observers open each ballot box and count and record separately the number of ballot papers used in each poll;
(b)in the presence of the election agents and the counting observers, verify each ballot paper account in accordance with sub-paragraph (3) below;
(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each poll; and
(d)separate the ballot papers relating to the ordinary election from the ballot papers relating to the referendum.
(3) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent or counting observer present at the verification may copy.
(4) If the returning officer has not been appointed as the counting officer, he shall make secure and proper arrangements for the delivery to the counting officer of all the ballot papers relating to the referendum together with the packets made up under rule 37(1)(b), (c) and (d) of the referendum rules, the ballot paper accounts in respect of the referendum and the statement as to the result of their verification.
(5) The returning officer shall mix together all of the ballot papers relating to the ordinary election and proceed in accordance with the election rules.
(6) The counting officer shall mix together all of the ballot papers relating to the referendum and proceed in accordance with article 10(3) to (5) and the referendum rules.
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