Guidance for Returning Officers administering Local Government Elections in England

You should adjudicate doubtful ballot papers regularly as the count proceeds. You should not leave this until the end of the count. 

You should have regard to the Commission’s booklet on doubtful ballot papers for local government 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 and can be accessed from our resources page for this section.

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 candidates, agents and observers to refer to. 

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:
  • at a single-member election, a vote for one candidate is clearly apparent
  • at a multi-member election, one or more votes for up to the allowed number of candidates 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 votes are given for more candidates than the voter is entitled to vote for
• 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

Rejected in part

A ballot paper can be rejected in part if more than one candidate is to be elected to the ward. Good votes must not be rejected because another vote on the ballot paper is uncertain.6  

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 clear7 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. 

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. 

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.8

You must draw up a statement showing the number of ballot papers rejected, both completely and in part, and for what reason.9 You should therefore have a system in place throughout the adjudication process for sorting the rejected ballot papers into the following headings:10   

• want of official mark
• voting for more candidates than the voter is entitled to vote for
• writing or mark by which the voter can be identified
• unmarked or void for uncertainty

You should have regard to the Commission’s guidance 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, where applicable, ‘rejected in part, and the words ‘rejection objected to’ must be added if a counting agent objects to your decision.11

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.