149Preliminary scrutiny of postal ballot papers

#### 149 Preliminary scrutiny of postal ballot papers 149 Preliminary scrutiny of postal ballot papers > > (1A) The Electoral Commissioner may— > > > > > (a) without opening it, examine an envelope received by the Electoral Commissioner containing a ballot paper to determine whether the postal vote certificate is visible through a rear window in the envelope, and > > > > > (b) if the postal vote certificate is not visible through the rear window in the envelope, but the Electoral Commissioner considers it is likely the postal vote certificate is sealed inside the envelope— > > > > > > > (i) open the envelope without destroying it, and > > > > > > > (ii) withdraw the documents inside the envelope and ascertain whether the postal vote certificate was sealed inside the envelope, and > > > > > > > (iii) without further inspecting the documents or allowing another person to inspect the documents— > > > > > > > > > (A) if the postal vote certificate was sealed inside the envelope with the ballot paper—replace the documents in the envelope in a way that enables the postal vote certificate to be visible through the rear window in the envelope, or > > > > > > > > > (B) if the postal vote certificate was not sealed inside the envelope with the ballot paper—replace the documents in the envelope, and > > > > > > > (iv) reseal the envelope, and > > > > > > > (v) if the postal vote certificate was not sealed inside the envelope with the ballot paper—the reject the envelope from further scrutiny. > > > (1) The Electoral Commissioner— > > > > > (a) may, on any day not more than 14 days before election day, at an approved time and place, and in the presence of such scrutineers as choose to be present, produce the sealed envelopes containing postal votes that have been received by the Electoral Commissioner, and > > > > > (b) must, at the scrutiny, produce all remaining sealed envelopes containing postal votes— > > > > > > > (i) received by the Electoral Commissioner following the close of voting before the expiry of the period prescribed by the regulations, being a period of not more than 13 days, or > > > > > > > (ii) received by any election official before 6 pm on election day, or > > > > > > > (iii) for envelopes posted or delivered by an eligible overseas elector to an election official appointed under section 148(1A)(a)(i)—received by the election official before the date and time designated for the election official under section 148(1A)(a)(iii). > > > (2) The Electoral Commissioner must then, if satisfied that— > > > > > (a) the postal vote certificate has been properly signed and witnessed, and > > > > > (a1) for a postal vote certificate posted to the Electoral Commissioner—the certificate was completed before the close of voting, and > > > > > (a2) for a postal vote certificate delivered to an election official—the certificate was delivered before the close of voting, and > > > > > (a3) for postal vote certificate posted or delivered by an eligible overseas elector to an election official appointed under section 148(1A)(a)(i)—the certificate was received by the election official before the date and time designated for the election official under section 148(1A)(a)(iii), and > > > > > (b) the elector is enrolled for the district for which he or she claimed to be enrolled, > > > > accept the ballot paper for further scrutiny, but if he or she is not so satisfied, disallow the ballot paper without opening the envelope. > > > (3) If the Electoral Commissioner has accepted a ballot paper for further scrutiny, the Commissioner must— > > > > > (a) open the envelope without destroying it, and > > > > > (b) withdraw the postal ballot paper, and > > > > > (c) without inspecting the ballot paper or allowing any other person to do so, place the ballot paper in a ballot box for further scrutiny. > > > (4) Despite subsection (2), if it appears to the Electoral Commissioner that an elector who signed a postal vote certificate for a ballot paper for an election for a district is enrolled for some other district, the Electoral Commissioner must arrange for the envelope containing the ballot paper to be included in the scrutiny for that other district in the manner set out in subsection (5). > > > (5) The Electoral Commissioner is to open the envelope without destroying it, withdraw any ballot paper contained in the envelope and without, as far as practicable, inspecting the ballot paper or allowing any other person to do so— > > > > > (a) in the case of any ballot paper for a periodic Council election, is to accept the ballot paper for further scrutiny and place it in a ballot box for the periodic Council election, and > > > > > (b) in the case of any ballot paper for an Assembly election, is to disallow the ballot paper. > > > (6) For the avoidance of doubt, a ballot box into which any ballot paper has been placed under this section must not be opened before the close of voting. > > **s 149:** Am 2018 No 68, Sch 1.10 \[6\]; 2022 No 57, Sch 1\[2\]–\[4\]; 2026 No 6, Sch 1\[64\]–\[70\].