The National Assembly for Wales (Representation of the People) Order 1999

General Provisions

Poll to be taken by ballot

22.—(1) At a constituency election the votes at the poll shall be given by ballot and the result shall be ascertained, after counting the votes given to each candidate, in accordance with section 4(4) of the 1998 Act; and the candidate to whom the majority of votes has been given shall be declared to have been elected.

(2) At a regional election the votes at the poll shall be given by ballot and the results shall be ascertained, after counting the votes given to each individual candidate or registered political party, in accordance with sections 4(5) and (6) and 5 to 7 of the 1998 Act; and the candidates who, in accordance with those provisions, are returned as Assembly members shall be declared to have been elected.

The ballot paper at a constituency election

23.—(1) At a constituency election, the ballot of every voter shall consist of a ballot paper.

(2) The persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.

(3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix and—

(a)shall contain the names and other particulars of the candidates shown in the statement of persons nominated,

(b)shall be capable of being folded up,

(c)shall have a number printed on the back, and

(d)shall have attached a counterfoil with the same number printed on it.

(4) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

(5) If a certificate received by the constituency returning officer under paragraph 5(1) has requested that the registered political party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the candidate’s particulars, the ballot paper shall contain that emblem in that way.

The ballot paper at a regional election

24.—(1) At a regional election, the ballot of every voter shall consist of a ballot paper.

(2) The following, namely—

(a)persons shown in the statement of persons nominated as standing nominated (whether as individual or party list candidates), and no others, shall be entitled to have their names, and

(b)the registered political parties which have submitted a party list shown in the statement of persons nominated, and no others, shall be entitled to have their descriptions referred to in paragraph 7(2),

inserted in the ballot paper.

(3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—

(a)shall contain the names and descriptions of the individual candidates shown in the statement of persons nominated,

(b)shall contain the descriptions of the registered political parties referred to in sub-paragraph (2)(b) together with the names of the candidates included on those parties' lists,

(c)shall be capable of being folded up,

(d)shall have a number printed on the back (together with a mark or other distinguishing feature by which the Assembly constituency can be identified in which the vote is to be given in relation to the ballot paper), and

(e)shall have attached a counterfoil with the same number printed on it.

(4) The order—

(a)of names of the individual candidates, and

(b)of the descriptions referred to in sub-paragraph (2)(b) (together with, in respect of each such description of a registered political party, the names of the party list candidates),

in the ballot paper shall be the same order as in the statement of persons nominated.

(5) If a certificate received by the regional returning officer under paragraph 8(1) has requested that the registered political party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the party’s description, the ballot paper shall contain that emblem in that way.

Colour of ballot papers at an ordinary election

25.  Where at an ordinary election, a voter is entitled to give two votes, the ballot paper for each vote shall be of a different colour.

The official mark

26.—(1) At an Assembly election every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

(2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark—

(a)at elections for the same Assembly constituency, or

(b)in relation to the same Assembly constituency, at elections in the same Assembly electoral region.

(3) At—

(a)a constituency election, or

(b)a regional election, in relation to an Assembly constituency within the Assembly electoral region,

the official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

(4) At a regional election a different official mark may be used in Assembly constituencies in an Assembly electoral region (but only one such mark may be used in an Assembly constituency at a regional election).

(5) At an ordinary election the same official mark may be used at a constituency election and a regional election (in relation to regional votes given in the same Assembly constituency).

Prohibition of disclosure of vote

27.  No person who has voted at an Assembly election shall, in any legal proceeding to question the election or return, be required to state how he voted.

Use of schools and public rooms

28.—(1) At an Assembly election the constituency returning officer may use, free of charge, for the purpose of taking the poll—

(a)a room in a school to which this paragraph applies, or

(b)a room the expense of maintaining which is payable wholly or mainly out of public funds.

(2) This paragraph applies to a school maintained or assisted by a local education authority, or a school in respect of which grants are made out of money provided by the Assembly or by Parliament to the person or body of persons responsible for the management of the school.

(3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.

(4) Sub-paragraph (2) shall have effect as if it included a reference to a grant-maintained school.