Guidance for Returning Officers administering a Greater London Authority (GLA) election

You should adjudicate doubtful ballot papers regularly as the count proceeds: you should not leave this until the end of the count. If you plan to use more than one area for adjudication, you must clearly announce this to those entitled to observe the process.

The GLRO will issue guidance to assist you with the determination of doubtful ballot papers. You should also have regards to the Commission’s booklet on doubtful ballot papers throughout the adjudication process. The booklet contains examples of allowed and rejected votes and the key principles to be followed in the adjudication of doubtful ballot papers.

The principles when adjudication on doubtful ballot papers applies in the same way across the three elections. 

Adjudicating doubtful ballot papers

When adjudicating doubtful ballot papers, you should:

• take time to ensure that a considered decision is given in every case
• always be clear and consistent
• determine whether the intention of the voter clearly appears

As part of this, you will need to:

• consider the whole of the ballot paper
• consider whether the way a ballot paper has been marked means that a vote for one candidate / party is clearly apparent  

Rejected ballot papers

The legislation provides that you must reject a ballot paper which:1

• does not bear the official mark (not the unique identifying mark)
• vote is given for more than one candidate / party
• on which anything is written or marked by which the voter can be identified (except the printed ballot paper number or other unique identifying mark)
• that is unmarked
• void for uncertainty2     

However, unless the ballot paper is marked in a way that identifies the voter, a vote is marked in the following ways must not be rejected if the voter’s intention is clear:3

• elsewhere than in the proper place
• otherwise than by means of a cross, or
• by more than one mark

In addition, ballot papers may require further consideration where there is:

• anything unusual about it (for example, any ballot paper that appears to have been altered, either with a clearly different writing instrument or with correction fluid)
• any tears or damaged

Ballot papers that are torn or damaged are able to be accepted as a valid vote as long as the paper still contains the official mark and the intention of the voter is clear and none of the other grounds for rejection apply.

Further information can be found in our guidance on how to deal with cut ballot papers at postal vote openings. 

You must decide on their validity in the presence of candidates, agents and observers.

You must ensure that you mark each rejected ballot paper with the word ‘rejected’,4 and the words ‘rejection objected to’ must be added if a counting agent objects to your decision.5

Although observers should be able to observe this process, unlike agents, they do not have the right to object to the rejection of a ballot paper.

Those that are subsequently declared as valid must be counted and included in the total number of votes cast for the appropriate candidate/party.6

Recording rejected ballot papers

Your decision on any question arising in respect of a ballot paper is final and can only be challenged by way of an election petition.7

You must draw up statements for each election showing the number of ballot papers rejected and for what reason.8 You should therefore have a system in place throughout the adjudication process for sorting the rejected ballot papers into the following headings:

You should have regard to the Commission’s guidance and any additional guidance issued by the GLRO to ensure accurate and consistent categorisation of rejection for reporting on the statements.

As soon as practicable after the completion of these statements you must inform the GLRO and the candidates and agents who are present at the count, of their contents.9

You should place a copy of the rejection statement in the package for rejected ballot papers.