38.—(1) Any ballot paper—
(a)which does not bear the official mark; or
(b)on which votes are given for more than one answer; or
(c)on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back; or
(d)which is unmarked or void for uncertainty,
shall, subject to paragraph (2), be void and not counted.
(2) A ballot paper on which the vote is marked—
(a)elsewhere than in the proper place; or
(b)otherwise than by means of a cross; or
(c)by more than one mark,
shall not for such reason be deemed to be void if an intention that the vote shall be for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that he or she can be identified by it.
(3) The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer's decision.
(4) The counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—
(a)want of official mark;
(b)voting for more than one answer;
(c)writing or mark by which the voter or proxy could be identified;
(d)unmarked or void for uncertainty.