ELECTORAL ACT ____________________________________________________________________________________ (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 her chief election agent or election agent, and all such ballot papers shall be placed together in an envelope within the packet containing the accepted ballot papers. 64 Procedure after counting at polling station (1) After the counting is completed the presiding officer shall without delay, in the presence of such candidates and their election agents as are present— (a) close and seal the aperture in the ballot box; and (b) make up into separate packets sealed with his or her own seal and with the seals of those candidates and election agents, if any, who desire to affix their seals— (i) the unused and spoilt ballot papers and counterfoils of the unused ballot papers placed together; (ii) the counterfoils of the used ballot papers, including the counterfoils of the spoilt ballot papers; (iii) the register of assisted voters; [Subparagraph amended by s. 29 of Act No. 6 of 2014\ and (c) record on the polling-station return the votes obtained by each candidate and the number of rejected ballot papers in such a manner that the results of the count for each ballot box are shown on the return; and (d) display the completed polling-station return to those present and afford each candidate or his or her election agent the opportunity to subscribe their signatures thereto; and [Paragraph amended by s. 29 of Act No. 6 of 2014] 82

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