SCHEDULES

SCHEDULE 2 Rules for conduct of an election of councillors for a principal area where poll is taken together with poll at a relevant election

PART 4 Counting of Votes and Declaration of Result at Contested Elections

The count: rejected ballot papers

60.—(1) Subject to paragraphs (2) and (4), the following ballot papers are void and must not be counted—

(a) a ballot paper that does not bear the official mark;

(b) a ballot paper on which votes are given for more candidates than the voter is entitled to vote for;

(c) a ballot paper on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back;

(d) a ballot paper that is unmarked or void for uncertainty.

(2) Where the voter is entitled to vote for more than one candidate, a ballot paper is not to be treated as void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.

(3) Paragraph (4) applies to a ballot paper on which a vote is marked—

(a) elsewhere than in the proper place,

(b) otherwise than by means of a cross, or

(c) by more than one mark.

(4) The ballot paper is not, by reason only of how the vote is marked, to be treated as void (either wholly or as respects that vote) if—

(a) it is clear from the ballot paper that the voter intended to vote for one or other of the candidates,

(b) the way the ballot paper is marked does not itself identify the voter, and

(c) the returning officer is satisfied that the voter cannot be identified from the ballot paper.

(5) The returning officer must—

(a) endorse the word “rejected” on any ballot paper which, in accordance with this rule, is not to be counted;

(b) endorse the word “rejected in part” on any ballot paper on which a vote is counted in accordance with paragraph (2) and indicate which vote or votes have been counted.

(6) If a principal area counting agent objects to the returning officer’s decision, the returning officer must add the words “rejection objected to” to the endorsement.

(7) The returning officer must prepare a statement showing the number of ballot papers rejected and the number rejected in part.

(8) The statement must set out the number rejected or rejected in part under each of the headings in sub-paragraphs (a) to (d) of paragraph (1).