Parliamentary Elections Act 1954 · 2020 Revised Edition · Part 4 · Applications for Avoidance of Election
99. Votes to be struck off at scrutiny
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On a scrutiny at the hearing of an application under section 90, only the following votes are to be struck off:
the vote of any person —
whose name was not on the register of electors for the electoral division to which the application relates;
who is not allotted under section 13A(3A)(a)(i) or (ba)(i) to the overseas polling station at which the vote was recorded or who is designated under section 13A(3A) as a postal voter for that election, in the case of a vote recorded at an overseas polling station;
who is not allotted under section 36A(1)(c) to the ordinary polling station at which the vote was recorded;
who is not allotted under section 47B(1) to the special polling station at which the vote was recorded, in the case of a vote recorded at a special polling station; or
who has not been authorised to vote at the ordinary polling station or special polling station under section 39(1A);
the vote of any person whose vote was procured by bribery, treating or undue influence;
the vote of any person who committed or procured the commission of personation at the election;
where the election was a general election, the vote of any person proved to have voted at the general election in more than one electoral division;
the vote of any person, who, by reason of a conviction of a corrupt or illegal practice or by reason of the report of an Election Judge, or by reason of his or her conviction of an offence under section 55, was incapable of voting at the election;
votes given for a disqualified candidate or group of candidates by a voter knowing that the candidate, or any candidate in that group, as the case may be, was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.
The vote of a registered elector must not, except in the case specified in subsection (1)(e), be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his or her name entered in the register of electors.
elector
“elector” means a person whose name is entered in a register as an elector to vote at an election;
On a scrutiny, any tendered vote that is proved to be a valid vote must be added to the poll if any party to the application under section 90 applies for that vote to be so added.