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Rule 38
Procedure for giving tender ballot

(1) If a voter wants to claim that someone else has taken the ballot or voted in his name and that he is the real voter, he can claim that he is the real voter by attaching his identity proof to the polling officer in the format as per Schedule-28.< br> (2) In the case of making a claim according to sub-rule (1), the polling officer must understand whether he is a real voter as per the claim of the claimant. If the claimant submits proof of his identity in writing, identity card, certificate of citizenship or other evidence revealing his identity, the polling officer shall take a copy of it.
(3) If the polling officer is convinced that the claimant is a genuine voter from the evidence presented in accordance with sub-rule (2), the polling officer shall record the same and make a decision.
(4) After making a decision according to sub-rule (3), the polling officer shall mention the tender ballot in the format as per Schedule-29 and the claimant's signature shall be affixed on the ballot paper, and the ballot shall be given to the claimant voter by writing "Tender Ballot" in the blank space to the left of the space to be corrected by the polling officer.
(5) After the voter has marked his vote on the ballot as per sub-rule (4), he shall submit the unopened tender ballot inside the ballot box to the election officer in a separate envelope.
(6) The polling officer shall keep a separate record of the details of the claimant, the details of the evidence of the claimant and the decision.