THIRD SCHEDULE

ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981

[ Subregulation 25(5) ]

PROCEDURE TO BE FOLLOWED IF THE NUMBER OF BALLOT
PAPERS FOUND IN A BALLOT BOX EXCEEDS THE NUMBER STATED
TO BE THEREIN ACCORDING TO FORM 13

1. The presiding officer shall in the presence of each candidate or his election agents or counting agent cause the packet affixed with security tape referred to in paragraph 24(1)(d) to be opened and shall, by comparison of the number of unused and spoilt ballot papers with the number of ballot papers originally issued to such polling station, confirm the statement in Form 13. If it appears that an error has been made in the completion of Form 13, and if the presiding officer is satisfied that the number of ballot paers in the ballot box does not exceed the number of ballot papers duly issued at the polling station he shall order the counting of votes to proceed and shall reaffix security tape to the packet.

2. If after completing the process described in paragraph 1 of this Schedule it appears to the presiding officer that there are more ballot paers in the ballot box than there were ballot papers issued at the polling station, the presiding officer or the persons authorized by him shall, in the presence of each candidate or his election agent or counting agent inspect the perforation, the initial or the official mark of the presiding officer concerned on the ballot papers one by one and shall extract any ballot paper which is not perforated, initialled or does not bear the official mark of the presiding officer concerned or which is perforated, initialled or marked otherwise.

3. When the presiding officer has extracted the ballot papers in accordance with paragraph 2 of this Schedule, he shall order the counting of votes to proceed.

4. The ballot papers extracted by the presiding officer shall be placed in a packet which shall then be affixed with security tape and the security tape shall be signed by the presiding officer and by each candidate or his election agent or counting agent who is present and who desires to sign on the security tape and forwarded as soon as practicable to the Election Commission may open the packet and may cause such enquiry to be made as it deems fit. The Election Commission shall retain the extracted ballot papers for a period of six months and shall then cause them to be destroyed unless otherwise directed by a Judge of the High Court.

Dated 3 December 1981

[SPR(S) 72/Jld.11; PN(PUU) 178c/Pt.IX]

By direction of the Election Commission

ABDUL RASHID BIN HAJI ABDUL RAHMAN

Secretary,
Election Commission,
Malaysia

[To be laid before the Dewan Rakyat pursuant to section 17 of the Election Act 1958]