The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 No. 3305

SCHEDULE 3 E+W Rules for Conduct of an Election of Councillors of a Parish or Community where the Poll is taken together with the Poll at a relevant Election or Referendum

Modifications etc. (not altering text)

C1 Sch. 3 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 10 (with reg. 27)

PART 3 E+W Contested Elections

CHAPTER 4 E+W Counting of Votes

Rejected ballot papers E+W

47.—(1) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which votes are given for more candidates than the voter is entitled to vote for, or

(c) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back, or

(d) which is unmarked or void for uncertainty,

shall, subject to paragraphs (2) and (3), be void and not counted.

(2) Where the voter is entitled to vote for more than one candidate, a ballot paper shall not be deemed to be void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.

(3) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

(c) by more than one mark,

shall not for such reason be deemed to be void (either wholly or as respects that vote) if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

(4) The returning officer must—

(a) endorse the word “rejected” on any ballot paper which under this rule is not to be counted; and

(b) in the case of a ballot paper on which any vote is counted under paragraph (2), endorse the words “rejected in part” on the ballot paper and indicate which vote or votes have been counted,

and must add to the endorsement the words “rejection objected to” if any objection is made by a counting agent to his decision.

(5) The returning officer must draw up a statement showing the number of ballot papers rejected, including those rejected in part, under the several heads of—

(a) want of official mark;

(b) voting for more candidates than the voter is entitled to;

(c) writing or mark by which the voter could be identified;

(d) unmarked or void for uncertainty,

and the statement must record the number of ballot papers rejected in part.