350Checking and counting of ballot-papers in sealed envelopes

#### 350 Checking and counting of ballot-papers in sealed envelopes 350 Checking and counting of ballot-papers in sealed envelopes > > (1) Postal votes The returning officer is, as soon as practicable after 6 pm on election day, to open the ballot-boxes containing postal ballot-papers accepted for further scrutiny under section 347, take out the ballot-papers, scrutinise them and reject the informal ones. > > > (4) Provisional votes The returning officer must— > > > > > (a) on election day (at any time after 8 am) produce all the sealed envelopes containing provisional votes cast before election day, and > > > > > (b) on the close of poll produce all the sealed envelopes containing provisional votes cast on election day, > > > > and deal with them in accordance with subsection (5). > > > (5) The returning officer is to do the following or have the following done in relation to the envelopes referred to in subsection (4)— > > > > > (a) count the sealed ballot-paper envelopes unopened and record the count, > > > > > (b) examine the declaration on each envelope before it is opened and, if necessary, make inquiries to determine whether the person who signed the declaration was on the day of polling— > > > > > > > (i) in relation to a declaration made under section 320C—entitled to be enrolled on the residential roll for the area or ward concerned, or > > > > > > > (ii) in any other case—entitled to vote, > > > > > (c) if the declaration is in order and the returning officer is satisfied that the voter was, on the day of polling— > > > > > > > (i) in relation to a declaration made under section 320C—entitled to be enrolled on the residential roll for the area or ward concerned, or > > > > > > > (ii) in any other case—entitled to vote, > > > > > > the returning officer is to open the envelope containing the ballot-paper, extract the ballot-paper and, without damaging the writing on the envelope, place the ballot-paper still folded in a securely fastened ballot-box for further scrutiny, > > > > > (d) if the declaration is not in order, or it appears to the returning officer that the elector is not entitled to vote or was, on the day of polling, not entitled to be enrolled on the residential roll for the area or ward concerned, the returning officer is to leave the envelope containing the ballot-paper unopened, > > > > > (e) after dealing with all the envelopes and ballot-papers in accordance with paragraphs (c) and (d), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones. > > > (6) Despite subsection (5)(d), subsection (7) applies if— > > > > > (a) in relation to an envelope referred to in subsection (4), it appears to the returning officer that the elector is not entitled to vote or was, on the day of polling, not entitled to be enrolled on the residential roll for the ward (the first ward), but > > > > > (b) the person is entitled to be enrolled for another ward in the area (the second ward). > > > (7) The returning officer must arrange for the envelope to be included in the scrutiny for the second ward in the area and, at the scrutiny for the second ward— > > > > > (a) if the ballot-paper is for an election of a councillor in the first ward—the ballot-paper is to be disallowed, or > > > > > (b) if the ballot-paper is for a council poll applicable to the first ward—the ballot-paper is to be disallowed, or > > > > > (c) otherwise—the ballot-paper is to be accepted for further scrutiny and placed in a ballot-box for the second ward. > > **s 350:** Am 2025 (223), Sch 1\[6\].