The Scottish Parliament (Elections etc.) Order 2007

Lost postal ballot paper

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

(a) his postal ballot paper;

(b) the postal voting statement; or

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

by the third day before the day of the poll, he may apply (whether or not in person) to the constituency returning officer 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), he 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 him (whether at a Scottish parliamentary general election or under paragraph 2), all other ballot papers so issued,

which he 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 constituency returning officer, 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-paragraph (7), where the application is received by the constituency returning officer before 5 pm on the day of the poll and the constituency returning officer–

(a) is satisfied as to the voter’s identity, and

(b) has no 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,

he shall issue another postal ballot paper or, as the case may be, postal ballot papers.

(7) Where the application is received by the constituency returning officer after 5 pm on the day before the day of the poll, he shall only issue another postal ballot paper, or as the case may be, ballot papers if the postal voter applies in person.

(8) The constituency returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)–

(a) the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his 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, his name and address.

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

(10) Where a postal voter applies in person–

(a) by 5 pm on the day before the day of the poll, the constituency returning officer may hand a replacement ballot paper to him; or

(b) after 5 pm on the day before the day of the poll, the constituency returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with paragraph 11.

(11) Where the constituency returning officer issues another 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.