Invalid Votes, Rejection of Postal Ballot Letters, Rules for Establishing Invalidity

(1) Votes shall be invalid if the ballot paper

1. has not been manufactured by the government or is valid for another constituency,

2. shows no marking,

3. is valid for another constituency,

4. does not reveal the voter's intent beyond doubt,

5. contains any addendum or reservation.

In the cases specified in numbers 1 and 2, both votes shall be invalid; in the case speci-fied in number 3, only the first vote shall be invalid if the ballot paper is valid for another constituency of the same Land. Under the postal ballot procedure, both votes shall also be invalid if the ballot paper has not been deposited in an official ballot paper envelope or a ballot paper envelope that evidently deviates from the others in a manner that jeopardises the confidentiality of the vote or contains a clearly tangible object, but has not been rejected under subsection (4), numbers 7 or 8. Where only one vote has been cast on the ballot paper, the other vote shall be considered invalid.

(2) Several ballot papers in one ballot paper envelope shall be considered one ballot paper if their wording is identical or if only one of them has been marked; otherwise they shall count as one ballot paper with two invalid votes.

(3) If the ballot paper envelope has been handed over empty, both votes shall be con-sidered invalid.

(4) Under the postal ballot procedure, postal ballot letters shall be rejected if

1. the postal ballot letter is not received on time,

2. no or no valid polling card is enclosed in the postal ballot letter envelope,

3. there is no ballot paper envelope in the postal ballot letter envelope,

4. neither the postal ballot letter envelope nor the ballot paper envelope is sealed,

5. the postal ballot letter envelope contains several ballot paper envelopes but not an equal number of valid polling cards bearing the prescribed affirmation in lieu of an oath,

6. the voter or the person helping him or her has not signed the prescribed affirmation in lieu of an oath for the postal ballot on the polling card,
7. no official ballot paper envelope has been used,

8. a ballot paper envelope has been used which obviously differs from the other envelopes in a manner endangering the secrecy of the ballot or which contains a distinctly tangible object.

The senders of postal ballot letters that are rejected shall not be counted as voters; their votes shall be considered not cast.

(5) The votes of a voter who has taken part in the postal ballot shall not become invalid if he or she dies before or on election day or is disqualified from voting pursuant to Section 13.