European Parliament Elections Act 1997
Opening of postal voters ballot boxes.
36. (1) The postal voters ballot boxes shall be opened before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts.
(2) Not less than four days before the polling day, the local returning officer shall give each candidate notice in writing of the time and place at which the said officer will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of agents each candidate may appoint to attend at the opening. The local returning officer shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which the local returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the officer’s functions.
(3) When a postal voters ballot box has been opened, the local returning officer shall extract the covering envelopes therefrom and count and note the number of envelopes so extracted and shall then open each covering envelope separately and examine the receipt.
(4) Where the receipt is found to be duly signed, the local returning officer shall place the receipt and the ballot paper envelope in separate receptacles or, if the ballot paper is not contained in a ballot paper envelope, the local returning officer shall place the receipt in the appropriate receptacle and shall place the ballot paper, without unfolding it, in a ballot box in accordance with rule 38.
(5) If the local returning officer is not satisfied that the receipt has been duly signed, he or she shall endorse the receipt “rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper.
(6) Where a receipt does not appear to accompany the ballot paper envelope, the local returning officer shall open the envelope, and if it is found to contain the receipt, shall deal with such receipt and ballot paper in accordance with this Part.
(7) Any receipt not accompanied by a ballot paper, and any ballot paper not accompanied by a receipt, shall be marked "Rejected".
(8) Where a ballot paper and receipt are received together, the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt were, or either of them was, not placed in the proper envelopes or that any such envelope was not sealed.
