European Parliament Elections Act 1997
Destruction etc. of ballot boxes or ballot papers.
70. If at a European election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer, a local returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:
(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,
(b) the returning officer shall forthwith inform the Minister and the F96[chief returning officer] of the polling having so become void,
(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as the Minister thinks proper for the taking of a fresh poll at every such polling station,
(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,
(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,
(f) the returning officer shall not commence to count the votes in the constituency until the fresh poll has been completed.
Annotations
Amendments:
F96
Substituted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(e)(iv)(IV), S.I. No. 497 of 2001.
