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Referendums Act 1997
sec.34Formal and informal ballot papers
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### sec.34 Formal and informal ballot papers
For a ballot paper to have effect to indicate a vote—
the ballot paper must contain writing that is in accordance with section 33 ; and
the ballot paper must not contain any writing or mark by which the elector can be identified; and
the ballot paper must have been put into a ballot box by the elector as required by this Act; and
if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.
Subsection (1) (d) does not apply to the witnessing of a signature if—
the person required to witness the signature was a member of the commission’s staff; and
the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.
If a ballot paper has effect to indicate a vote, it is a formal ballot paper.
If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.
(sec.34-ssec.1) For a ballot paper to have effect to indicate a vote— the ballot paper must contain writing that is in accordance with section 33 ; and the ballot paper must not contain any writing or mark by which the elector can be identified; and the ballot paper must have been put into a ballot box by the elector as required by this Act; and if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.
(sec.34-ssec.2) Subsection (1) (d) does not apply to the witnessing of a signature if— the person required to witness the signature was a member of the commission’s staff; and the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.
(sec.34-ssec.3) If a ballot paper has effect to indicate a vote, it is a formal ballot paper.
(sec.34-ssec.4) If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.
- (a) the ballot paper must contain writing that is in accordance with section 33 ; and
- (b) the ballot paper must not contain any writing or mark by which the elector can be identified; and
- (c) the ballot paper must have been put into a ballot box by the elector as required by this Act; and
- (d) if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.
- (a) the person required to witness the signature was a member of the commission’s staff; and
- (b) the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.