Scottish Parliament and Local Government Elections

Issue, Receipt, Opening and Verification of Postal Ballot Papers

The Returning Officer should agree with the Local Government Returning Officer regarding the issuing, receipt and opening of the postal ballot papers for the Scottish Parliament and the Local Government elections. The following procedures presume agreement between the Returning Officer and the Local Government Returning Officer that the postal votes process has been combined and that the responsibility falls on the Returning Officer.

Issue of Postal Ballot Papers

There is no statutory deadline for the issue of postal ballot papers. The closing date for applications is 5pm on the eleventh day before polling day (Tuesday, 20 April 1999) and 5pm on the sixth day before poll (Tuesday, 27 April 1999) for late applications made on grounds of unforeseen physical illness occurring since the standard closing date. Each Individual Candidate and nominating officer for a Political Party contesting the election should be given not less than forty eight hours written notice of the time and place for each issue of postal ballot papers and the number of agents they may appoint to attend.

For the combined polls the postal voter must receive: the ballot papers for each election stamped with the official mark designated for postal ballot papers for the elections; one Declaration of Identity; one ballot paper envelope marked "A"; and one first class pre-paid covering envelope for return marked "B".

The Returning Officer must at the time they issue the postal ballot papers designate one or more ballot boxes for receipt of covering envelope "B". A separate ballot box should be provided for each Local Authority ward, even if there is no poll in that ward. Each ballot box should be shown to any agents present to show that it is empty and then sealed in their presence (they may affix their own seals if they so desire).

Checklist for the Issue of Postal Ballot Papers

Please make sure that the number(s) on the Declaration of Identity and envelope "A" match the numbers on the ballot papers.

1. The elector's registration number should appear on the front of the ballot paper counterfoil;

2. Each ballot paper should be detached and stamped with the stamping instrument;

3. The elector's entry should be marked on the Absent Voters list or the proxy entry on the List of Proxies Voting by Post ;

4. The ballot paper numbers should appear on the Declaration of Identity and on the front of envelope "A";

5. Envelope "A", envelope "B", the ballot papers, and the Declaration of Identity should be placed in the outgoing envelope;

6. Postal vote envelopes must be counted and then delivered to the appropriate post office with a certificate as to the number being posted;

7. The outgoing envelope should be marked to show the Scottish Parliament constituency name, and the Local Authority ward number and name, together with the address of the Returning Officer for return if undelivered.

After issuing the postal ballot papers the Returning Officer must make up a sealed packet/envelope with: the marked copy of the Absent Voters list and List of Postal Proxies; the counterfoils of the ballot papers issued; and a Ballot Paper Account duly completed.

If there is a subsequent issue then the packet may be opened, changes made to the Ballot Paper Account and then re-sealed.

The post office should issue a receipt to the Returning Officer stating the number of envelopes received for delivery.

The post office will, where appropriate, issue a certificate declaring the number of covering envelopes returned (this certificate along with the certificate for outgoing postal ballot envelopes needs to be included in the claim to the Scottish Office).

Replacement of Spoilt Postal Ballot Papers

If a postal voter inadvertently spoils a ballot paper and returns the ballot papers, the Declaration of Identity, and covering envelopes, whether by hand or by post, the Returning Officer must, unless the documents are received too late for another set of ballot papers to be returned before the close of the polls, issue replacement ballot papers. In issuing the replacements the normal procedure is to be followed except that notice of issue is not given. Nor do the normal authorised persons need to be present at the time of issue. The returned documents are to be cancelled immediately and as soon as practicable thereafter they are to be placed in a separate packet which is to be sealed. It should be stressed that when a postal ballot paper is spoilt all the papers sent out for both elections (provided they have been combined) should be returned and re-issued.

Opening of Postal Ballot Papers

Procedure for Opening of Covering Envelope "B" and Checking the Declaration of Identity

A postal ballot paper is not deemed to be duly returned unless it is returned in the covering envelope and is accompanied by the Declaration of Identity, duly signed and authenticated and reaches the Returning Officer before the close of polls. The individual candidates and registered nominating officers of political parties must be informed in writing no later than 48 hours in advance of the date(s), time(s) and place(s) for the opening of postal votes and the number of agents they may appoint to attend at each opening.

The Declaration of Identity returned by the voter must be kept separate from the ballot papers.

Rejected postal ballot papers and any Declarations of Identity and their covering envelopes should be packed in an envelope and marked accordingly.

Subsequent Opening of Postal Votes

The same procedures must be followed at any subsequent opening of postal votes, and a new postal ballot box opened. The Ballot Paper Accounts for each ballot box will need to be summarised on to one Postal Ballot Paper Account.

Issue of Poll Cards

There will be a single Poll Card covering all elections.

Appointment of Presiding Officers and Polling Clerks

The Returning Officer is required to appoint and pay a Presiding Officer and such Polling Clerks as required to attend each Polling Station. Presiding Officers and Polling Clerks must receive notice of appointment (setting out their terms and conditions). You may ask them to sign and return a form of acceptance. They must also be issued with a copy of the relevant parts of article 29 of the Scottish Parliament (Elections Etc) Order 1999 covering the secrecy of the ballot.

You must not employ persons who have been engaged by or on behalf of a Candidate or a Political Party in or about the election.

The duties of both Presiding Officers and Polling Clerks are listed below.

Presiding Officer's main duties, will include the need to: Act impartially at all times Observe and enforce the requirements for secrecy Account, and be responsible for all the ballot papers, paperwork and ballot boxes Provide assistance to voters where appropriate Maintain order in the polling station Ensure the proper procedure for voting is followed Deal with special procedures for voting Instruct and supervise the work of Polling Clerks Organise the layout of the polling station and liaise with the caretaker(s) of the building Stamp and issue ballot papers to voters Deal with Candidates and Agents, and ensure that they do not interfere with the election process Provide assistance, where required by law, to Polling Agents (if any), Candidates and their Election Agents Keep the polling station neat and tidy at all times and ensure that all signs and notices are clearly visible and remain in place Open and close the polling station on time.

Polling Clerks do not have the responsibilities of the Presiding Officer but they must know all the procedures for voting and how to deal with problems, because they may need to assume the responsibilities of the Presiding Officer.

The Polling Clerk's principal duties will be to: Act impartially at all times Observe and enforce the requirements for secrecy Assist with the layout of the polling station and prepare for the opening of the polls Check if electors are eligible to vote in their polling station Check and mark elector's number in the Register of Electors Ensure that voters cast their vote in secret Maintain the secrecy of the ballot at all times Answer voters' questions, where appropriate, in a friendly and businesslike way Stamp and Issue ballot papers to voters Help with any other polling station duties on the instruction of the Presiding Officer.

Appointment of Enumerators for the Count

There is no limit on the number of Enumerators to be appointed other than the requirement that there must be sufficient for the efficient and effective verification and counting of ballot papers. In practice the number appointed will need to take account of the size of the premises being used for the verification and counting of the votes.

Appointment of Polling and Counting Agents

For the Scottish Parliament elections each Constituency Candidate or Individual Regional Candidate or their Election Agent, or the Election Agent of a Political Party (but not the candidates on the list themselves) may appoint Polling and Counting Agents. The Local Government Candidates or their Election Agents may also appoint Polling and Counting Agents. Notice of appointment must be made, in writing, not later than Wednesday, 28 April 1999 (Scottish Parliament elections) or Thursday 29 April 1999 (Local Government elections).

The Returning Officer does, however, have the power to ensure that the number of Counting Agents is limited so that the number is the same for each Constituency Candidate, Party and Individual Candidate. The number allowed should not be less than the number obtained by dividing the number of Enumerators by the number of Constituency Candidates, Parties and Individual Candidates as appropriate.

Constituency Candidates and Individual Candidates including these on Political Party lists may also attend the Count.

Polling Day

A thorough description of polling procedures is enclosed in the second section of the manual - IN THE POLLING STATION. This section will be published separately as a manual for Presiding Officers and Polling Clerks.

Returning Officers may wish to add local information for Presiding Officers.

The Returning Officer and their senior election staff should make their best efforts to visit as many of the polling stations in their Parliamentary constituency as possible. It is also advisable to issue details of any helpline facility to polling station staff as they may well have problems on which they will require advice from the Returning Officer.

Polling Station staff must be issued with details of how to contact election HQ on polling day.

The Count

A thorough description of the procedure for the count for senior election staff can be found in section three of this manual - IN THE COUNTING CENTRE.

However it is important to note that all three ballot boxes and their accompanying Ballot Paper Accounts, paperwork and supplies will in most cases be delivered direct to the Scottish Parliament Constituency Counting Centre.

The Ballot Paper Accounts for the Scottish Parliament elections should be verified in the usual manner after the close of polls. The Ballot Paper Accounts for the Local Government elections will be dealt with differently (please see IN THE COUNTING CENTRE).

Declaration of Results

The Returning Officer will declare the results of the Scottish Parliament Constituency poll.

After passing the results to the Regional Returning Officer, the Returning Officer will also declare the number of votes cast within that constituency for each Political Party and Individual Candidate in the Regional elections.

The Regional results in that Constituency and the name (and Party Political description if appropriate) of the successful Constituency Candidate will be transmitted to the Regional Returning Officer by whatever means have been agreed. The Regional Returning Officer will calculate and declare the allocation of Regional seats once he has received all the results from the Constituencies within the Region.

Return or Forfeiture of Deposit

Deposits must be returned to all Individual Candidates and nominating officers of Political Parties who have received more than 5% of the total valid votes in the relevant electoral area on the day following the declaration of the final Constituency and Regional results. The deposit must be returned to the person who paid it or their personal representative.

Any Individual Candidate or Political Party who has not exceeded the 5% threshold will forfeit their deposit unless in the case of the Regional election an Individual Candidate or Political Party has been allocated a Regional seat despite having less than 5% of the valid votes within that Region. Any forfeited deposit should be sent to the Scottish Office.