(b) there is no vote recorded on the ballot paper; or
(c)
the vote is recorded on the ballot paper otherwise than in accordance with
section 102 ; or
(d) there is on the ballot paper a mark or writing which
identifies the elector who marked that ballot paper.
(2) If an Assembly
ballot paper has preferences above the number 5 marked on it and –
(a) one or more of those numbers is omitted or duplicated; and
(b) the ballot
paper would otherwise be formal –
the numbers including and above
such, or the first such, omission or duplication are to be disregarded and the
ballot paper is to be treated as being formal.
(3) If a Council ballot
paper having more than 3 candidates has preferences above the number 3 marked
on it and –
(a) one or more of those numbers is omitted or
duplicated; and
(b) the ballot paper would otherwise be formal –
the
numbers including and above such, or the first such, omission or duplication
are to be disregarded and the ballot paper is to be treated as being formal.
(4) A ballot paper is not to be treated as informal or rejected at the
counting of votes if, in the opinion of the returning officer, the elector's
intention is clearly indicated on the ballot paper.
