SCHEDULE 5Assembly election rules

PART 3Contested elections

Counting of votes

Rejected ballot papers58

1

Any ballot paper—

a

which does not bear the official mark;

b

on which more than one vote is given;

c

on which anything is written or marked by which the voter can be identified except the printed number or other unique identifying mark on the back; or

d

which is unmarked or void for uncertainty,

shall, subject to the provisions of paragraph (2), be void and not counted.

2

A ballot paper on which the vote is marked—

a

elsewhere than in the proper place;

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 if an intention how the vote is to be given clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified by it.

3

At a regional election, a ballot paper on which a vote is marked for a particular party list candidate on the party list of a registered political party shall, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote marked for that party.

4

The constituency returning officer shall endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to his decision.

5

The constituency returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of—

a

want of official mark;

b

giving more than one vote;

c

writing or mark by which voter could be identified; and

d

unmarked or void for uncertainty.