The Scottish Parliament (Elections etc.) Order 2007

Procedure in relation to postal voting statements

20.—(1) The constituency returning officer shall satisfy himself that the postal voting statement has been duly signed by the voter (referred to as a “valid postal voting statement”).

(2) Where the constituency returning officer is not so satisfied, he shall mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3), place it in the receptacle for rejected votes.

(3) Before placing the statement in the receptacle for rejected votes, the constituency returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(4) The constituency returning officer shall then compare the number (or numbers) on the postal voting statement against the number or (numbers) on the ballot paper envelope and, where they are the same, he shall place the statement and the ballot paper envelope in, respectively the receptacle for postal voting statements and the receptacle for ballot paper envelopes.

(5) Where there is a valid postal voting statement but no ballot paper envelope, or where the envelope has been opened under paragraph 19(3), he shall place–

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the postal voting statement;

(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the postal voting statement marked “provisionally rejected”; and

(c) in the receptacle for postal voting statements, any postal voting statement not disposed of under paragraph (b).

(6) Where the number (or numbers) on a valid postal voting statement is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the postal voting statement has more than one), the constituency returning officer shall open the envelope.

(7) Where an envelope has been opened under paragraph 19(3) or sub paragraph (6), the constituency returning office shall–

(a) place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the valid postal voting statement;

(b) place in the receptacle for rejected votes any other ballot paper, to which shall be attached the postal voting statement marked “provisionally rejected”;

(c) place in the receptacle for rejected votes any postal voting statement marked “provisionally rejected” in respect of a ballot paper envelope–

(i) which does not contain a ballot paper; or

(ii) which does not contain a sufficient number of ballot papers if more than one number appears on the statement,

and shall indicate the missing ballot paper, where that is the case; and

(d) place in the receptacle for postal voting statements, any such statement not disposed of under paragraph (b) or (c).