28Informal ballot-papers

28 Informal ballot-papers

28 Informal ballot-papers

(1) A ballot-paper must be rejected as informal if—

(a) it is not initialled by the returning officer and does not bear a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912, or

(b) the elector has failed to record the elector’s vote in the manner directed on the ballot-paper, or

(c) it has on it any mark or writing that, in the opinion of the returning officer, will enable any person to identify the elector.

(2) A ballot-paper must not be rejected as informal merely because of any mark or writing that is not authorised or required by this Regulation (other than a mark or writing that identifies the elector) if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.

(3) If there is only 1 person to be elected, a ballot-paper on which the elector has recorded votes for more than 1 candidate must not be rejected as informal merely because—

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

(b) there is a break in the order of the elector’s preferences recorded on the ballot-paper, but the ballot-paper must be treated as if any subsequent preferences had not been recorded on the ballot-paper.

(4) If there is more than 1 person to be elected, a ballot-paper must not be rejected as informal merely because—

(a) the number of candidates for which the elector has recorded a vote is less than the number of persons to be elected, or

(b) the elector has placed a single number in a number of squares if the number of squares with a single number in them is no more than the number of persons to be elected, but the ballot-paper is to be treated as if any such single number was a tick or a cross.

(5) Nothing in subclause (4) (b) authorises any person, if there is more than 1 person to be elected, to encourage an elector to place a number in a square on a ballot-paper.