52Scrutiny of votes

52 Scrutiny of votes

52 Scrutiny of votes

(1) The scrutiny of votes in a ballot is to be conducted as follows—

(a) the returning officer is to produce, unopened, the envelopes containing the ballot-papers accepted for scrutiny,

(b) the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box,

(c) when the ballot-papers from all the envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot-box and remove the ballot-papers,

(d) the returning officer is then to examine each ballot-paper and reject those that are informal,

(e) the returning officer is then to proceed to count the votes and ascertain the result of the election.

(2) At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if—

(a) it is neither initialled by the returning officer (or by a person authorised by the returning officer in that behalf) nor bears an official mark, or

(b) it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it, or

(c) it has not been completed in accordance with the directions shown on it.

(3) A ballot-paper is not to be rejected as informal—

(a) merely because of any mark or writing on it that is not authorised or required by this Regulation (not being a mark or writing referred to in subclause (2) (b)) if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper, or

(b) if the voter has recorded a vote by placing in one square the number “1”—

(i) merely because the same preference (other than a first preference) has been recorded on the ballot-paper for more than one candidate, or

(ii) merely because there is a break in the order of preferences recorded on the ballot-paper.