SCHEDULES

SCHEDULE 1E+WRules for conduct of an election of councillors for a principal area where poll is not taken together with poll at another election

PART 4E+WCounting of Votes and Declaration of Result at Contested Elections

Arrangements for the counting of votesE+W

52.—(1) The returning officer must make arrangements for the votes to be counted in the presence of the counting agents as soon as practicable after the close of the poll.

(2) The returning officer must give the counting agents a notice stating the time and place at which the returning officer will begin to count the votes.

Attendance at the counting of votesE+W

53.—(1) The following persons are entitled to be present at the counting of votes—

(a)the returning officer and members of the returning officer’s staff;

(b)each candidate and a guest of each candidate;

(c)the election agents;

(d)the counting agents;

(e)any person who is entitled to attend by virtue of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (representatives of the Electoral Commission and accredited observers);

(f)the constables on duty.

(2) The returning officer may permit any other person to attend at the counting of votes.

(3) Permission may not be given under paragraph (2) unless the returning officer—

(a)is satisfied that the person’s attendance will not impede the efficient counting of votes, and

(b)has either consulted the election agents about whether to give permission or decided that it is not practicable to consult them.

(4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information about them, as the returning officer is able to give consistently with the orderly conduct of the proceedings and the discharge of the returning officer’s duties.

(5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.

(6) The returning officer must make arrangements to ensure that every person attending at the counting of votes (other than the constables on duty) has been given a notice setting out the provisions of section 66(2) and (6) of the 1983 Act (notification of requirement of secrecy).

(7) In this rule, a reference to a constable includes a reference to a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers).

The count: stepsE+W

54.—(1) The returning officer must take the following steps.

(2) The returning officer must, in the presence of the counting agents, open each ballot box, take out the ballot papers, count them and record the number of ballot papers.

(3) The returning officer must not count any tendered ballot paper.

(4) The returning officer must, in the presence of the election agents, verify each ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and tendered votes list).

(5) The returning officer must prepare a statement as to the result of the verification and give a copy of the statement to any election agent who requests it.

(6) The returning officer must also—

(a)count the postal ballot papers that have been properly returned (see paragraph (7)), and

(b)record the number counted.

(7) A postal ballot paper is to be treated as properly returned if the ballot paper and the accompanying postal voting statement properly completed are—

(a)handed in at a polling station in the electoral ward before the close of the poll,

(b)given by hand to the returning officer before the close of the poll, or

(c)received by the returning officer by post before the close of the poll.

(8) A postal voting statement is properly completed if—

(a)it is signed by the elector or (as the case may be) the proxy, unless the registration officer has dispensed with the requirement for a signature,

(b)it states the date of birth of the elector or (as the case may be) the proxy, and

(c)in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations under the 1983 Act, the returning officer has taken those steps and verified the date of birth and (except in a case where the requirement for a signature has been dispensed with) the signature.

(9) Where, at the close of the poll, a person is in the polling station, or in a queue outside the polling station, for the purpose of handing in a postal ballot paper and postal voting statement—

(a)the person must be permitted to hand the ballot paper and statement in at the polling station, and

(b)where handed in, they are to be treated as having been handed in before the close of the poll for the purposes of this rule.

(10) The returning officer must not count the votes given on any ballot paper until—

(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(11) While counting and recording the number of ballot papers and counting the votes, the returning officer must—

(a)keep the ballot papers with their faces upwards, and

(b)take such other precautions as are appropriate for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

The count: generalE+W

55.—(1) The result of the poll must be ascertained by counting the votes given to each candidate.

(2) The candidate or candidates to whom more votes have been given than to the other candidates, up to the number of councillors to be elected, must be declared to have been elected.

(3) Subject to paragraph (4), the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.

(4) The returning officer may exclude any hours between 7 p.m. and 9 a.m. on the following morning.

(5) During any time that is excluded, the returning officer must—

(a)place the ballot papers and other documents relating to the election under the returning officer’s seal and the seals of any counting agents who wish to affix their seals, and

(b)otherwise take proper precautions for the security of the ballot papers and other documents.

The count: rejected ballot papersE+W

56.—(1) Subject to paragraphs (2) and (4), the following ballot papers are void and must not be counted—

(a)a ballot paper that does not bear the official mark;

(b)a ballot paper on which votes are given for more candidates than the voter is entitled to vote for;

(c)a ballot paper on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back;

(d)a ballot paper that is unmarked or void for uncertainty.

(2) Where the voter is entitled to vote for more than one candidate, a ballot paper is not to be treated as void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.

(3) Paragraph (4) applies to a ballot paper on which a vote is marked—

(a)elsewhere than in the proper place,

(b)otherwise than by means of a cross, or

(c)by more than one mark.

(4) The ballot paper is not, by reason only of how the vote is marked, to be treated as void (either wholly or as respects that vote) if—

(a)it is clear from the ballot paper that the voter intended to vote for one or other of the candidates,

(b)the way the ballot paper is marked does not itself identify the voter, and

(c)the returning officer is satisfied that the voter cannot be identified from the ballot paper.

(5) The returning officer must—

(a)endorse the word “rejected” on any ballot paper which, in accordance with this rule, is not to be counted;

(b)endorse the word “rejected in part” on any ballot paper on which a vote is counted in accordance with paragraph (2) and indicate which vote or votes have been counted.

(6) If a counting agent objects to the returning officer’s decision, the returning officer must add the words “rejection objected to” to the endorsement.

(7) The returning officer must prepare a statement showing the number of ballot papers rejected and the number rejected in part.

(8) The statement must set out the number rejected or rejected in part under each of the headings in sub-paragraphs (a) to (d) of paragraph (1).

Re-countE+W

57.—(1) A candidate or the candidate’s election agent may, if present when the count is completed, request that the returning officer re-count the votes.

(2) The returning officer must comply with the request unless the returning officer’s opinion is that the request is unreasonable.

(3) No step may be taken on the completion of the count until the candidates and election agents who are present have been given a reasonable opportunity to request that the votes are re-counted.

(4) Where a re-count takes place, this rule also applies in relation to the re-count (so that, for example, the candidate or the candidate’s election agent may, if present when the re-count is completed, request that the returning officer re-count the votes).

Equality of votesE+W

58.—(1) This rule applies where, after the counting of the votes (including any re-count), there is an equality of votes between any candidates and the addition of a vote would entitle any of those candidates to be elected.

(2) The returning officer must immediately decide between the candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.

Decision on ballot papersE+W

59.  The decision of the returning officer on any question arising in respect of a ballot paper is final, but may be reviewed on an election petition.

Declaration of resultE+W

60.—(1) When the count has been completed, the returning officer must declare to be elected the candidate or candidates to whom more votes have been given than to other candidates, up to the number of councillors to be elected.

(2) The returning officer must give a notice stating the names and addresses of the candidates elected to the proper officer of the council for which the election was held.

(3) The returning officer must also publish notice of—

(a)the names of the candidates elected,

(b)the total number of votes given for each candidate (whether elected or not), and

(c)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (see rule 56).