ELECTORAL ACT (as amended at 24th January 2008) their chief election agents or election agents as are present, the presiding officer shall adopt the following procedure in relation to each ballot box and the sealed packets in his or her custody— (a) he or she shall open the ballot box; (b) he or she shall then open each sealed packet containing the unused and spoilt ballot papers and the list of votes marked by the presiding officer. 63 Counting and rejection of votes (1) At the time notified by the presiding officer the votes shall be counted in the manner provided by this section. (2) The ballot papers in each ballot box shall be counted separately. (3) Subject to subsections (4) and (5), the presiding officer shall reject and not count any ballot paper— (a) which does not bear his or her official mark; or (b) which is not marked by the voter; or (c) which does not indicate with certainty the candidate for whom the voter intended to vote. (4) At the counting of the votes the presiding officer shall not reject any ballot paper where the voter has indicated with certainty the candidate for whom he or she intended to vote merely by reason of the fact that the voter has so indicated otherwise than by means of a cross. (5) If the aggregate of the ballot papers which do not bear the official mark of the presiding officer— (a) does not exceed five per centum of the votes cast at that polling station; and (b) together with all the other ballot papers referred to in subsection (2) does not exceed the total number of ballot papers issued by the presiding officer for that polling station; the presiding officer shall not reject any ballot paper merely by reason of the fact that it does not bear his or her official mark. (6) Where the presiding officer would be required by subsection (5) to reject the ballot papers there mentioned for the sole reason that they exceed five per centum of the votes cast at that polling station, he or she shall afford all the election agents at the polling station a reasonable opportunity to agree not to reject them, and if there is no such agreement, every ballot paper that does not bear his or her official mark shall be rejected. (7) If the presiding officer— (a) in terms of this section rejects as invalid a ballot paper, he or she shall endorse “Rejected” on the ballot paper and shall add to the endorsement “Rejection Objected To” if an objection to his or her decision is made by a candidate or his or her chief election agent or election agent, and all such ballot papers shall be placed together in an envelope within the packet containing the rejected ballot papers; (b) accepts as valid a ballot paper, he or she shall endorse “Acceptance Objected To” on the ballot paper if an objection to his or her decision is made by a candidate or his or - 49 -