Modifications etc. (not altering text)
C1Sch. 5 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(2)(3) (with Sch. 2 para. 27)
C2Sch. 5 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(4)(5) (with Sch. 2 para. 27)
C3Sch. 5 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(4)(5) (with Sch. 2 para. 27)
C4Sch. 5 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(2)(3) (with Sch. 2 para. 27)
39.—(1) Any ballot paper—
(a)which does not bear the official mark; or
(b)on which votes are given for more than one answer; or
(c)on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back; or
(d)which is unmarked or void for uncertainty,
is, subject to paragraph (2), void and must not be counted.
(2) 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,
is not for such reason deemed to be void if an intention that the vote is for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that the voter or proxy can be identified by it.
(3) The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer's decision.
(4) Subject to paragraph (5), the counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—
(a)want of official mark;
(b)voting for more than one answer;
(c)writing or mark by which the voter or proxy could be identified;
(d)unmarked or void for uncertainty.
(5) Where the referendum area comprises any part of the area of more than one relevant council, the statement referred to in paragraph (4) above is to be a provisional statement and as soon as practicable after the completion of that statement, the counting officer must inform the Chief Counting Officer of its contents.