| 3 STAGE TWO: SORTING AND
COUNTING OF THE BALLOT PAPERS |
| 3a The Count |
| Prior to the count the ballot papers from
each box must be mixed with at least the ballot papers from one other box, but not mixing
ballot paper types, to prevent the voting pattern in any one particular polling station
being identified. |
| Assistant Supervisors will distribute evenly
the bundles of verified ballot papers to the Enumerators. |
| The Enumerators will sort the ballot papers
according to the votes cast for each Individual Candidate and Political Party, as
relevant. During this process all ballot papers are to be kept face upwards and the
same way round so that they are visible to Counting Agents. This is to prevent the number
on the back of the ballot papers being seen. |
| The Enumerators will then count the votes for
each Individual Candidate and Political Party. The votes for each Individual Candidate and
Political Party will be counted into bundles of 100 at the discretion of the Returning
Officer. Each bundle should be secured with a rubber band or clip. Another second
Enumerator will check the bundle. |
| A slip bearing the name of the Individual
Candidate or Political Party will then be attached to each bundle. |
| Any remaining votes for an Individual
Candidate or Political Party (i.e. less than a full bundle) will be counted, checked and
clipped together and a slip with their name and number of votes attached. |
| The Assistant Supervisor will then take the
bundles of counted ballot papers to the main counting table where they will be placed in
the appropriate receptacle. |
| Once all the ballot papers have been counted
the Supervisor will record the number of votes cast for the various Individual Candidates
and Political Parties on a result sheet provided by the Returning Officer. There should be
separate result sheets for the Constituency and Regional elections. |
|
| 3b Doubtful Ballot Papers |
| Enumerators must not
attempt to decide or engage in debate with either their Assistant Supervisor or a Counting
Agent as to whether a ballot paper is valid. |
| Enumerators and the Counting Agents might
identify ballot papers that could be considered doubtful during the sorting and counting
processes. Counting Agents have no right to touch or to interfere with a ballot paper. |
| Ballot papers marked with a tick instead of a
cross are to be treated by Enumerators as a valid ballot paper unless there are other
grounds for the ballot paper to be considered doubtful. |
| Enumerators should pass all doubtful ballot
papers to their Assistant Supervisor who will place them in a bulldog clip or tray
provided. They will be forwarded to the Returning Officer, or whomever they may delegate,
for adjudication as to their validity. |
| The adjudication of the doubtful ballot
papers will be undertaken in the presence of Individual Candidates and their agents and
agents representing the various Political Parties. Those ballot papers deemed to be valid
will be added to the votes cast for the various Individual Candidates and Political
Parties. Those ballot papers deemed to be invalid will be placed in the receptacle
provided for this purpose. |
| A ballot paper is invalid and shall not be
counted if: |
| (a) it does not bear the official mark; or |
| (b) votes are given for more than one
Individual Candidate or Political Party; or |
| (c) anything is written or marked on it by
which the voter can be identified, except the printed number on the back of the ballot
paper; or |
| (d) it is unmarked or void for uncertainty. |
| However a ballot paper should not be deemed
invalid if: |
| (a) the vote is marked elsewhere than in the
proper place, so long as the intention is clear; or |
| (b) marked otherwise than by means of a
cross; or |
| (c) there is more than one mark, so long as
the intention of the voter is clearly for one or other of the Individual Candidates or
Political Parties; or |
| (d) the way the paper is marked does not
itself identify the voter and it is not shown that the voter can be identified by it; or |
| (e) a vote is marked on a Regional ballot
paper against a particular candidate or candidates nominated by a registered Political
Party rather than, or as well as in the appropriate box for that Party. |
| All such ballot papers should nevertheless be
subject to formal adjudication. |
| The Returning Officer will endorse the word
"REJECTED" on any ballot paper which is not to be counted, and shall add the
words "REJECTION OBJECTED TO" where an objection is made by a Counting Agent to
the decision of the Returning Officer. |
| The Returning Officer will draw up a
statement showing the number of ballot papers rejected for each ballot type under the
headings of: |
| (a) want of official mark; |
| (b) voting for more than one Individual
Candidate or Political Party; |
| (c) writing or mark by which voter can be
identified; |
| (d) unmarked or void for uncertainty. |
| Returning Officers and the Regional Returning
Officer may wish to consult with each other prior to the Count to reach a consensus on
valid and invalid votes for the Region. |
|
| 3c Aggregation of the Votes Cast |
| The Supervisor will record the number of
votes cast for each Individual Candidate and Political Party. This information is recorded
on a Result Sheet (or such similar form as the Returning Officer requires). |
| The total number of votes cast for each
Individual Candidate and Political Party contesting the Regional election and for each
Candidate contesting the Constituency elections will be aggregated seperately. The
resultant totals will be matched respectively against the total number of ballot papers
for both the Regional and Constituency elections as recorded at the verification of the
Ballot Paper Accounts. If there is a difference between the number of ballot papers
verified and the number of ballot papers counted then the Returning Officer will request a
further check of the number of bundles in each receptacle. |
| Once the figures have been reconciled the
Returning Officer will inform the Agents of the Individual Candidates and Political
Parties of the provisional result of the appropriate Count. |
|
| 3d Recounts |
| The Agents of the Individual Candidates and
Political Parties have the right to request a recount. However, the Returning Officer may
refuse to do so if in their opinion the request is unreasonable. |
| For the Constituency elections for the
Scottish Parliament the basis for the recount will normally be the closeness of the
result. |
| Given the different nature of the election
for the Regional elections, the basis for the recount will likely be questions
regarding the procedure of the count. A recount may only be requested of the Regional
votes at the level of an individual Constituency count and may not be requested once the
result has been notified to the Regional Returning Officer. |
| In the event of a tie between
candidates for a Scottish Parliament Constituency seat the winner will have to be
determined by drawing a lot. |
| Where there is a tie in respect of the last
Regional seat available to be granted from the Regional election, then the Regional
Returning Officer will follow a very similar procedure. The Returning Officer for the
Constituency will not need to draw lots if there is a tie in the number of votes cast for
the Regional election in that constituency. |
|
| 3e Procedure for Recount |
| If the Returning Officer so determines, or
agrees to a request, then a recount will take place broadly following the procedures of
the original count. |
| Enumerators will recount each bundle of 100
ballot papers, making sure that every ballot paper in each bundle is marked for the same
Individual Candidate or Political Party. Ballot papers should be made visible to the
Counting Agents so that they may observe the process. |
| Any wrongly sorted ballot papers and any
surplus over the 100 in a bundle will be put into separate piles on the counting table.
Any bundle that has less than 100 ballot papers will receive the appropriate number of
ballot papers to make it up to 100. Once the bundles of ballot papers have been recounted
the identification slip should be marked to indicate this and replaced on the bundles of
100 ballot papers. |
| The Assistant Supervisor will return the
recounted ballot papers to the main table for recording the totals for each Individual
Candidate and Political Party. |
| Adjudicated ballot papers should not be
adjudicated again. |
| The Supervisor will complete a new Result
Sheet. The Returning Officer will check the result of the recount and if satisfied will
inform the Agents for the Individual Candidates and Political Parties of the provisional
result. |
| Individual Candidates and Political Parties
may request a further recount, although the Returning Officer may refuse to do so if in
their opinion the request is unreasonable. |
| It is at the discretion of the Returning
Officer if a recount is demanded at a Constituency election for the purpose of seeking to
save a deposit. If agreed then it may be appropriate for only the ballot papers for the
particular Individual Candidate to be recounted. |
|
| 4 STAGE THREE:
DECLARATION OF RESULTS |
| 4a The Declaration |
| Once the Individual Candidates and Political
Parties have accepted the provisional result of the count, the Returning Officer will: |
| 1. Declare the result of the Constituency
election, and |
| 2. After notifying the Regional Returning
Officer of the Regional result in that Constituency, and after obtaining their approval,
declare the total number of votes cast for each Individual Candidate and Political Party
contesting the Regional election in that Constituency. |
| Depending on the timing of the Counts for the
Constituency and Regional elections these declarations will not necessarily be made at the
same time. |
| The results for the Local Government
elections will be declared by the relevant Local Government Returning Officer after the
completion of a similar process for those elections. |
|
| 4b Transmission of Results |
| Before transmitting or
declaring any results the Returning Officer must be sure there will be no further demands
for a recount. |
| After declaration the results for the
Constituency elections will be transmitted to the Regional Returning Officer as well as
confirmation of the total Regional result in that constituency. |
| The method of transmission of these results
should be agreed with the Regional Returning Officer in advance. |
| The Regional results, which are determined on
a proportional basis using the d'Hondt formula, can only be calculated once all the
resluts in both parts of the election are known. The Regional Returning Officer will
declare the allocation of seats within the Region following completition of this
calculation. The Regional Returning Officer should show each individual candidate or party
standing for Regional seats the basis on which he intends to allocate seats and offer them
the opportunity to challenge the calculation before the allocation is finalised. |
|
| 4c The d'Hondt Method
for Allocation of Regional Seats |
| The following is a model to illustrate the
method of allocation of regional members using the d'Hondt formula. It is based on, and
assumes the same voting patterns within Mid Scotland and Fife Region parliamentary
constituencies as at, the General Election on 1 May, 1997. |
|
