Why They Should Be Counted
Spoiled, rejected, and unused ballots need to be counted to create a complete audit trail. These ballots remain official documents, even if not counted as valid. Additionally, rejected ballots are essential in case of a recount.
Rules of Interpretation for Rejected Ballots
To eliminate possible objections to the validity of a ballot, the poll official should be provided with clear rules of interpretation, and illustrations of acceptable and unacceptable marks on the ballot, including the rationale for rejection of a ballot. Minimizing the interpretation needed by the poll official makes it easier to make the necessary decisions, and reduces disputes over the validity of ballots. In the event of a close margin in favour of one candidate, a recount is likely to be requested, and rejected ballots will be carefully analyzed.
Handling Disputes Regarding Rejections
In several jurisdictions, the poll official is the only person qualified to make the final decision regarding the validity of a ballot, even if all poll workers are involved in the counting process. He is also the person handling disputes regarding objections (for more information see Challenging Results).
If a representative of a candidate or a political party disagrees with the poll official on the validity of a ballot, he may challenge the decision. In most cases, the poll official must immediately make a decision on whether or not the ballot is valid. In order to make more consistent decisions, the poll official may put all contested and questionable ballots in a separate pile while counting valid ballots. He can then decide which of the potential rejected ballots will actually be rejected, and count the total number of rejections. The rest of the valid ballots can then be added to the count for each political party/ candidate/option. Alternatively, all potential 'reject' ballots can be identified and decided on first, and then the valid ballots can be counted.
One way of accounting for rejected ballots is to number them on the back. The same number will be written in the voting record book or the statement of the vote (or a separate form can also be used), along with the decision made by the poll official.
All rejected and spoiled ballots are counted and recorded in the statement of the votes as well as on the ballot account form.
