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40.—(1) Where a postal voter has not received his postal ballot paper by the fourth day before the day of the poll, or in Scotland by the third day before the day of the poll, he may apply (whether or not in person) to the local returning officer for a replacement ballot paper.
(2) Such an application shall include evidence of the voter’s identity.
(3) Where the application is received by the local returning officer before 5 pm on the day before the day of the poll and the local returning officer—
(a)is satisfied as to the voter’s identity, and
(b)has no reason to doubt that the postal voter did not receive the original postal ballot paper,
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
(4) The local returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)—
(a)the name and number of the elector as stated in the register;
(b)the number of the postal ballot paper issued under this paragraph; and
(c)where the postal voter whose ballot paper is lost is a proxy, his name and address.
(5) Paragraphs 34 (except sub-paragraph (3)), 36, 37 and, subject to sub-paragraph (6) below, 38 shall apply to the issue of a replacement postal ballot paper under sub-paragraph (3).
(6) Where a postal ballot voter applies in person, the local returning officer may hand a replacement ballot paper to him instead of delivering it in accordance with paragraph 38.
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