Guidance for Returning Officers administering a Scottish Parliament election

You should adjudicate doubtful ballot papers regularly as the count proceeds. The adjudication of doubtful ballot papers should not be left 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.

You should have regard 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.

You can find the booklet in the verification and count section of our resource page.

Examples of allowed and rejected ballot papers are also set out on the doubtful ballot paper placemats which you should have on display at the count for candidates, agents and observers to refer to. There are different versions of the doubtful ballot paper placemat to be used at the election, one for constituency contest and one for the regional contest.

You can find the placemats in our verification and count section of our resource page.

Adjudicating doubtful ballot papers

When adjudicating doubtful ballot papers, you should:

• always be clear and consistent
• take time to ensure that a considered decision is given in every case
• 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:
  • at the constituency contest, a vote for one candidate is clearly apparent
  • at the regional contest a vote for one party or individual regional candidate is clearly apparent

Rejected ballot papers

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

• that does not bear the official mark (not the unique identifying number)
• on which anything is written or marked by which the voter can be identified (except the printed ballot paper number or other unique identifying number)
• that is unmarked or void for uncertainty
• on which votes are given:
  • at the constituency contest, for more than one candidate 
  • at the regional contest, for more than one registered party or individual regional candidate, or for a registered party and an individual regional candidate

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

• elsewhere than in the proper place
• otherwise than by means of a cross, or
• by more than one mark2

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 damage

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 grounds for rejection apply.

For more information see our guidance on how to deal with cut ballot papers at the postal vote opening.

Those that are subsequently declared as valid must be counted and included in the total number of votes cast for the appropriate candidate or party (as applicable).3

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.4

You must draw up a statement for each contest showing the number of ballot papers rejected and for what reason.5

You should therefore have a system in place throughout the adjudication process for sorting the rejected ballot papers into the following headings: 

• want of official mark 
• writing by which the voter can be identified
• unmarked or void for uncertainty
• at the constituency contest, voting for more than one candidate 
• at the regional contest, voting for more than one registered party or individual regional candidate, or for a registered party and an individual regional candidate

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

You must ensure that you mark each rejected ballot paper with the word rejected6 and the words rejection objected to must be added if a counting agent objects to your decision.7

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.

A copy of the statement of rejected ballot papers should be placed in the package for rejected ballot papers.