165Informal ballot papers

165 Informal ballot papers

165 Informal ballot papers

(1) Informal ballot papers must be rejected at the scrutiny.

(2) A ballot paper is informal only if—

(a) it is not duly initialled by an election official, or

(b) the voter has failed to record his or her vote in the manner directed on the ballot paper (subject to clause 2 (2) of the Sixth Schedule, and clause 2 (3) of the Seventh Schedule, to the Constitution Act 1902), or

(c) it has on it any mark or writing which, in the opinion of the Electoral Commissioner, will enable any person to identify the voter.

(3) However, a ballot paper is not informal in the following circumstances—

(a) by reason of having any mark or writing on it that is not authorised by this Act if, in the opinion of the Electoral Commissioner, the voter’s intention is clearly indicated on the ballot paper,

(b) in relation to a ballot paper on which the voter has recorded a vote by placing in one square the number “1”—

(i) the same preference (other than the voter’s first preference) has been recorded on the ballot paper for more than 1 candidate, but the ballot paper is to be treated as if those preferences and any subsequent preferences had not been recorded on the ballot paper, or

(ii) there is a break in the order of preferences recorded on the ballot paper, but the ballot paper is to be treated as if any subsequent preference had not been recorded on the ballot paper,

(c) by reason only that it is not duly initialled by an election official if it bears the mark that is prescribed by the regulations as an official mark,

(d) by reason only that the voter has recorded a vote by placing a cross or a tick in a square and not placing any mark or writing in any other square, but the ballot paper is to be treated as if the cross or tick were the number “1”,

(e) by reason only that the voter has recorded a vote by placing the number “1” or a tick in a square and placing a cross in (or a line through) all or some of the other squares on the ballot paper, but the ballot paper is to be treated as if the marks in those other squares did not appear on the ballot paper and any such tick were the number “1”,