Guidance for Returning Officers administering a Senedd election
Doubtful ballot papers
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.
You should have regard to the Commission’s booklet on doubtful ballot papers for Senedd elections 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 doubtful ballot papers booklet in the verification and count section of our resource page.
You can also find examples of allowed and rejected ballot papers on the doubtful ballot paper placemat, provided below, which you should have on display at the count for parties, candidates, agents and observers to refer to.
You can find the doubtful ballot paper placemat in the verification and count section of our resource page.
Cross-boundary constituencies
Where individual local counts are held, you should work closely with appointed deputies to ensure that the ballot papers for the constituency are adjudicated consistently. This should include consideration of the need for providing briefing or training sessions and whether you wish to give any additional guidance or directions to them as to how they should adjudicate doubtful ballots.
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 on the ballot paper
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 party or individual 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 mark)
- on which more than one vote is given
- 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 or void for uncertainty
Any unused votes should not be categorised as rejected, but should still be recorded to provide a clear audit trail and help reconcile the verification and count figures.
However, the legislation states that unless the way the ballot paper is marked identifies the voter, a ballot paper must not be rejected if the voter’s intention is clear2 or if the vote is marked:
- 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 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 other grounds for rejection apply.
For more information see our guidance on how to deal with cut ballot papers at postal vote openings.
Those that are subsequently declared as valid must be counted and included in the total number of votes cast for the appropriate candidate.
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.3
You must draw up a statement showing the number of ballot papers rejected and for what reason.4
You should therefore have a system in place throughout the adjudication process for sorting the rejected ballot papers into the following headings:5
- want of official mark
- more than one vote is given
- writing or mark by which the voter can be identified
- unmarked or void for uncertainty
You should have regard to the Commission’s guidance and any additional guidance issued by the EMB to ensure accurate and consistent categorisation of rejection for reporting on the statement.
You must ensure that you mark each rejected ballot paper with the word 'rejected' or 'gwrthodwyd' or both, and the words 'rejection objected to' or 'gwrthwynebwyd y gwrthodiad' or both must be added if a counting agent objects to your decision.6
Although observers should be able to observe this process, unlike agents, they do not have the legal right to object to the rejection of a ballot paper.
You should place a copy of the rejection statement in the package for rejected ballot papers.
- 1. Rule 60(1), Schedule 5, The Senedd Cymru (Representation of the People) Order 2025 (SCO 2025) ↩ Back to content at footnote 1
- 2. Rule 60(2), Schedule 5, SCO 2025 ↩ Back to content at footnote 2
- 3. Rule 62, Schedule 5, SCO 2025 ↩ Back to content at footnote 3
- 4. Rule 60(7), Schedule 5, SCO 2025 ↩ Back to content at footnote 4
- 5. Rule 60(1), Schedule 5, SCO 2025 ↩ Back to content at footnote 5
- 6. Rule 60(5) and (6), Schedule 5, SCO 2025 ↩ Back to content at footnote 6