REFERENDUM ACT 1994
Counting of the votes.
35.—(1) After the ballot papers have been mixed in accordance with section 114 of the Act of 1992 (as applied by section 33), the local returning officer shall, rejecting any that are invalid, arrange them in parcels according to the votes recorded on them and shall count and record the number of votes given in favour of the proposal which is the subject of the referendum and the number of votes given against that proposal and shall ascertain the total number of valid papers for the constituency concerned.
(2) Having counted the votes in accordance with subsection (1), the local returning officer shall forthwith notify the referendum returning officer, in such manner as the latter may direct, of the number of votes given in favour of the proposal and the number of votes given against the proposal and the total number of valid ballot papers.
Annotations
Modifications (not altering text):
C22
Prospective affecting provision: section applied with modifications by Electoral (Amendment) Act 2004 (15/2004), s. 14(7)-(9), not commenced as of date of revision.
Further application of certain provisions of relevant enactments.
14.— ...
(7) Without prejudice to section 12(4), in the case of a referendum, Part III of the Act of 1994 (other than subsections (1) to (4) of section 34 and section 36) shall apply to the counting of votes under this Act. Any reference in that Part III to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.
(8) Any reference to the functions referred to in that Part III, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.
(9) Section 35 of the Act of 1994, as so applied, shall have effect as if the words “section 13of the Electoral (Amendment) Act 2004” were substituted for the words “section 114 of the Act of 1992 (as applied by section 33)” and the words “, rejecting any that are invalid,” were deleted.
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