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44.—(1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
(2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 39(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.
(3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 39(1) (the corresponding number list)—
(a)in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—
(i)the number of the elector, and
(ii)the number of the ballot paper which is being replaced; and
(b)in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.
(4) Where any other ordinary Authority election in the Assembly constituency is contested, the voter must only receive a replacement for a spoilt or returned ballot paper.
(5) If the same corresponding number list is used for more than one Authority election in accordance with rule 39(7)—
(a)the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and
(b)any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 39(1), or obtained under paragraph (1) or (2) of this rule—
(i)must not be delivered to the voter,
(ii)must be cancelled, and
(iii)for the purposes of these rules, must be treated as a spoilt ballot paper.
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