The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004

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"election" or "mayoral election" means an election for the return of an elected mayor;

"European Parliamentary election" shall have the same meaning as in section 27(1) of the Representation of the People Act 1985[4];

"local government election" shall have the same meaning as in section 203(1) of the 1983 Act[5];

"referendum" means a referendum conducted under the Referendums Regulations;

"relevant election or referendum" means one or more of the following - 

(a) a Parliamentary election[6];

(b) a European Parliamentary election;

(c) a local government election;

(d) another mayoral election; and

(e) a referendum,

the poll at which is taken together with the poll at the mayoral election;

    (3) In regulation 3(2), for the words "regulations 5 and 6", substitute "regulation 6".

    (4) For regulation 5 (combination of polls), substitute - 

" Combination of polls
     5. Where the poll at a mayoral election is taken together with the poll at a relevant election or referendum[7], the Mayoral Elections Rules shall be modified so as to have effect as set out in Schedule 3."

    (5) In Schedule 1 in the Appendix of forms, in paragraph 7 of the form for the back of the Declaration of Identity, delete the words "and the envelopes marked "A" and "B"".

    (6) In Schedule 2, Table 4 shall cease to have effect.

    (7) For Schedule 3, substitute the schedule set out in the Schedule to these Regulations.



Signed by authority of the First Secretary of State


Nick Raynsford
Minister of State Office of the Deputy Prime Minister

12th March 2004

"Assembly constituency" shall have the same meaning as in section 2(4) and (5) of the Greater London Authority Act 1999[8];

"candidate" means a candidate to be the elected mayor;

"the Combination of Polls Regulations" means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004[9];

"counting observer" shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

"counting officer" shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

"GLRO" means the Greater London returning officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act or any person acting on his behalf;

"local counting area" shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004[10];

"petition organiser" shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000[11];

"polling observer" shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

"returning officer", in relation to an election, means - 

(a) the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales)[12] of the 1983 Act; and

(b) any person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a);

"voting area" shall have the same meaning as in regulation 2 of the Referendums Regulations.

    (2) In the case of a referendum, a reference to - 

(a) a "candidate" shall be construed as a reference to a petition organiser;

(b) an "election agent" or a "counting agent" shall be construed as a reference to a counting observer;

(c) a "polling agent" shall be construed as a reference to a polling observer; and

(d) a "returning officer" shall be construed as a reference to a counting officer.

    (3) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

    (2) In this rule, "bank holiday" means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[13] in England and Wales.

(a) state that the poll at the mayoral election is to be taken together with the poll at a relevant election or referendum;

(b) specify the parliamentary constituency[14], local counting area, Assembly constituency, voting area or, as the case may be, the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the relevant election is held; and

(c) where the polls are to be taken together in part of a constituency, division, ward or voting area only, specify that part.

Postal ballot papers
     21. The returning officer shall, in accordance with regulations made under the 1983 Act, issue to those entitled to vote by post a postal ballot paper and a declaration of identity in the appropriate forms, or forms to the like effect, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed by such regulations.

Provision of polling stations
     22.  - (1) The returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as he thinks most convenient.

    (2) One or more polling stations may be provided in the same room.

    (3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral area shall, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral area.

    (4) The returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks
     23.  - (1) The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.

    (2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of this Part relating to a presiding officer shall apply to the returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

    (3) A presiding officer may do, by the clerks, appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Part to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards
     24.  - (1) The returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person - 

(a) as an elector if he is placed on the absent voters list for the election; or

(b) as a proxy if he is entitled to vote by post as proxy at the election.

    (2) An elector's official poll card shall be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.

    (3) The official poll card shall be in the appropriate form, or a form to the like effect, and shall set out - 

(a) the name of the local authority to which the election relates;

(b) that the election is a mayoral election;

(c) the elector's name, qualifying address and number on the register; and

(d) the date and hours of the poll and the situation of the elector's polling station.

    (4) If the returning officer and the returning officer for each relevant election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election or referendum.

Equipment of polling stations
     25.  - (1) The returning officer shall provide each presiding officer with such number of ballot boxes and such ballot papers as in the returning officer's opinion may be necessary.

    (1A) The same ballot box may be used for the poll at the mayoral election and the poll at every relevant election or referendum, if the returning officer thinks fit.

    (2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

    (3) The returning officer shall provide each polling station with - 

(a) materials to enable voters to mark the ballot papers;

(b) instruments for stamping on them the official mark;

(c) copies of the register of electors for the electoral area or such part of it as contains the names of the electors allotted to the station;

(d) the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under sub-paragraph (c).

    (4) The returning officer shall also provide each polling station with - 

(a) at least one large version of the ballot paper which shall be printed on the same colour paper as the ballot papers and displayed inside the polling station for the assistance of voters who are partially sighted; and

(b) a device, of such description as is set out in paragraph (8) below, for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 35(1)).

    (4A) Where notwithstanding paragraph (1A) above separate ballot boxes are to be used, each ballot box shall be clearly marked with - 

(a) the election or referendum to which it relates, as shown on the ballot papers for that election or referendum;

(b) the words "Place [specify colour of ballot papers in question] ballot papers in here".

    (5) A notice in the form in the Appendix, giving directions for the guidance of voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

    (6) The returning officer may also provide copies of the notice mentioned in paragraph (5) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

    (7) In every compartment of every polling station there shall be exhibited the notice - 

" *PARLIAMENTARY ELECTION
([Specify colour] ballot paper)
vote for ONE candidate only
*EUROPEAN PARLIAMENTARY ELECTION
([Specify colour] ballot paper)
vote for ONE party or individual candidate only
*[Specify name of council . . . . . . . . . . . . . . .] COUNCIL ELECTION
([Specify colour] ballot paper)
*vote for no more than . . . . . . . . . . . . . . .candidates
*vote for ONE candidate only
*ELECTION OF THE MAYOR OF LONDON
([Specify colour] ballot paper)
On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice#
*ELECTION OF THE LONDON ASSEMBLY
On the constituency members ballot paper [specify colour] vote for ONE candidate only
On the London members ballot paper [specify colour] vote for ONE party or individual candidate only#
*[Specify other] ELECTION/REFERENDUM
([Specify colour] ballot paper)
*[vote for one candidate/answer only]*/[ vote ONCE for your first choice and ONCE for your second choice]
PUT NO OTHER MARK ON THE BALLOT PAPERS, OR YOUR VOTE MAY NOT BE COUNTED"

*Complete or omit as necessary.

#This wording should be used where the GLRO has not supplied wording pursuant to the Greater LondonAuthority Elections (No 2) Rules 2000[15].

    (8) The device referred to in paragraph (4)(b) above must - 

(a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;

(b) hold the ballot paper firmly in place during use; and

(c) provide suitable means for the voter to - 


(i) identify the spaces on the ballot paper which he may mark his vote; and

(ii) identify the registered party or individual candidate to which each such space refers; and

(iii) mark his vote on the space he has chosen.

Appointment of polling and counting agents, etc
     26.  - (1) Subject to paragraphs (3) to (5), before the commencement of the poll each candidate may appoint polling agents to attend at polling stations for the purpose of detecting personation; and counting agents to attend at the count.

    (2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

    (3) Not more than four polling agents, or such greater number as the returning officer may by notice allow, shall be permitted to attend at any particular polling station.

    (4) If the number of such agents appointed to attend at a particular polling station exceeds that number, the returning officer shall determine by lot which agents are permitted to attend, and only the agents on whom the lot falls shall be deemed to have been duly appointed.

    (5) The returning officer may limit the number of counting agents, but in doing so shall ensure that - 

(a) the number is the same in the case of each candidate; and

(b) the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

    (6) For the purposes of the calculations required by paragraph (5) a counting agent appointed for more than one candidate is a separate agent for each of the candidates for whom he has been appointed.

    (7) Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate, or as the case may be, the election agent, to the returning officer and shall be so given not later than the fifth day (computed like any period of time in the Timetable in rule 3) before the day of the poll.

Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (8) and (9) below to be given to the returning officer shall be given to that returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

    (8) If an agent dies, or becomes incapable of acting, the candidate, or as the case may be, the election agent, may appoint another person in his place, and shall forthwith give to the returning officer notice in writing of the name and address of that other person.

    (9) Any appointment for a candidate authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate's election agent, instead of by the candidate.

    (10) In the following provisions of this Part references to polling agents and counting agents shall be taken as references to agents - 

(a) whose appointments have been duly made and notified; and

(b) where the number of agents is restricted, who are within the permitted numbers.

    (11) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.

    (12) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

    (13) A candidate's election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.

    (14) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy
     27. The returning officer shall make such arrangements as he thinks fit to ensure that - 

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66[16] of the 1983 Act; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section.

Admission to polling station
     28.  - (1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except - 

(a) the candidates and their election agents;

(b) the polling agents appointed to attend at the polling station;

(c) the clerks appointed to attend at the polling station;

(d) the constables on duty;

(e) the companions of voters with disabilities;

(f) persons entitled to be admitted to the polling station at a relevant election or referendum; and

(g) any person authorised by the Electoral Commission[17] to attend at polling stations as a representative of the Commission.

    (2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

    (3) A constable or person employed by the returning officer shall not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which shall be in the appropriate form, or a form to the like effect, and signed by an officer of the police of or above the rank of inspector or by the returning officer, as the case may be.

    (4) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station
     29.  - (1) It is the presiding officer's duty to keep order at his polling station.

    (2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station - 

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the returning officer to remove him,

and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.

    (3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

    (4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes
     30. Immediately before the commencement of the poll, the presiding officer shall - 

(a) show the ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the box is empty;

(b) lock up the box (if it has a lock);

(c) place his seal - 


(i) on the lock; or

(ii) where the ballot box has no lock, on the box,



in such a manner as to prevent its being opened without breaking the seal;

(d) place the box in his view for the receipt of ballot papers; and

(e) keep the box locked and sealed or, as the case may be, sealed.

Questions to be put to voters
     31.  - (1) The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions or either of them - 

(a) in the case of a person applying as an elector - 


(i) "Are you the person registered in the register of local government electors for this election as follows (read the whole entry from the register)?", and

(ii) "Have you already voted at this election otherwise than as proxy for some other person?";



(b) in the case of a person applying as proxy - 



(i) "Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD?"; and

(ii) "Have you already voted at this election as proxy on behalf of CD?".

    (2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above shall, put the following additional question - 

"Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of CD?",

and if that question is not answered in the affirmative, the following question - 

"Have you already voted at this election on behalf of two persons of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild?".

    (3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

    (4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote in a mayoral election.

Challenge of voter
     32.  - (1) If at any time a person applies for a ballot paper for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent - 

(a) declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation, and

(b) undertakes to substantiate the charge in a court of law,

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

    (2) A person against whom a declaration is made under this rule shall not by reason of it be prevented from voting.

    (3) A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure
     33.  - (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery - 

(a) the ballot paper shall be stamped with the official mark;

(b) the number and name of the elector as stated in the copy of the register of electors shall be called out;

(c) the number of the elector shall be marked on the counterfoil;

(d) a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been issued but without showing the particular ballot paper which has been issued; and

(e) in the case of a person applying for a ballot paper as proxy, a mark shall be placed against his name in the list of proxies.

    (2) The voter, on receiving the ballot paper shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

    (3) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

    (4) The same copy of the register of electors which is used under paragraph (1) above for the mayoral election may be used for a relevant election or referendum and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been issued in respect of each election or referendum; except that, where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark shall be placed in the register or, as the case may be, list so as to identify each election or referendum in respect of which a ballot paper was issued.

Votes marked by presiding officer
     34.  - (1) The presiding officer, on the application of a voter - 

(a) who is incapacitated by blindness or other physical cause from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

    (2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these Rules called "the list of votes marked by the presiding officer"). The same list may be used for the mayoral election and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

    (3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

Voting by persons with disabilities
     35.  - (1) If a voter makes an application to the presiding officer to be allowed, on the ground of - 

(a) blindness or other physical incapacity, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as "the companion"), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

    (2) If the presiding officer - 

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as "the declaration made by the companion of a voter with disabilities") that the companion - 


(i) is a qualified person within the meaning of this rule, and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,



the presiding officer shall grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

    (3) For the purposes of these Rules - 

(a) a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1); and

(b) a person shall be qualified to assist a voter with disabilities to vote if that person is either - 


(i) a person who is entitled to vote as an elector at the election; or

(ii) the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

    (4) Subject to paragraph (5), the name and number in the register of electors of every voter whose vote is given in accordance with this rule, and the name and address of the companion, shall be entered on a list (in these Rules referred to as "the list of voters with disabilities assisted by companions"). The same list may be used for the mayoral election and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.

    (5) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

    (6) The declaration made by the companion - 

(a) shall be in the appropriate form;

(b) shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion; and

(c) shall forthwith be given to the presiding officer who shall attest and retain it.

    (7) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers
     36.  - (1) If a person, representing himself to be - 

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these Rules referred to as "a tendered ballot paper") in the same manner as any other voter.

    (2) A tendered ballot paper shall - 

(a) be of a colour different from the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

    (3) The name of the voter and his number on the register of electors shall be entered on a list (in these Rules referred to as the "tendered votes list"). The same list may be used for the mayoral election and each relevant election or referendum and, where it so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

    (4) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name shall be the number of that elector.

Spoilt ballot papers
     37. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction on the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as "a spoilt ballot paper"), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot
     38.  - (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

    (2) Where the poll is adjourned at any polling station - 

(a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and

(b) references in these Rules to the close of the poll shall be construed accordingly.

Procedure on close of poll
     39.  - (1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents appointed for the purposes of the mayoral election and those appointed for the purposes of each relevant election or referendum, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals - 

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached,

(b) the unused and spoilt ballot papers placed together,

(c) the tendered ballot papers,

(d) the marked copies of the register of electors and of the list of proxies,

(e) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll,

(f) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads "physical incapacity" and "unable to read", and the declarations made by the companions of voters with disabilities,

and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer's approval.

    (1A) The contents of the packets referred to sub-paragraphs (b), (c) and (e) of paragraph (1) above shall not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election or referendum; nor shall the statement prepared under paragraph (3) below be so combined.

    (1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

    (2) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

    (3) The packets shall be accompanied by a ballot paper account showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads - 

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(c) spoilt ballot papers, and

(d) tendered ballot papers.

Attendance at the count
     40.  - (1) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall - 

(a) make arrangements for - 


(i) discharging the functions referred to in rule 41(1) in the presence of the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll, and

(ii) thereafter counting the votes at the mayoral election in the presence of the agents appointed for the purpose of that election; and



(b) give to the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he will begin to discharge the functions under rule 41(1).

    (1A) Where the returning officer at the mayoral election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he shall - 

(a) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the person who does discharge those functions; and

(b) give to those counting agents notice in writing of the time and place at which he will begin to count the votes.

    (1B) No person other than - 

(a) the returning officer and his clerks,

(b) the candidates and their wives or husbands,

(c) the election agents,

(d) the counting agents for the candidates, and

(e) any person authorised by the Electoral Commission[18] to attend at the counting of the votes as a representative of the Commission,

may be present at the counting of the votes under rule 41(2) to (8), unless permitted by the returning officer to attend.

    (2) No person other than a person entitled to be present at the counting of the votes at the mayoral election under rule 41(2) to (8) or at a relevant election or referendum may be present at the proceedings under rule 41(1) unless permitted by the returning officer to attend.

    (3) A person not entitled to attend at the proceedings under rule 41(1) or the counting of the votes under rule 41(2) to (8) shall not be permitted to do so by the returning officer unless he - 

(a) is satisfied that the efficient separation of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

    (4) The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

    (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 shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The first count
     41.  - (1) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall - 

(a) in the presence of the counting agents appointed for the purposes of the mayoral election and each relevant election or referendum open each ballot box and record separately the number of ballot papers used in each election;

(b) in the presence of the election agents appointed for the purposes of the mayoral election and each relevant election or referendum, verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the mayoral election and each relevant election or referendum;

(d) separate the ballot papers relating to the mayoral election from the ballot papers relating to each relevant election or referendum;

(e) make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;

(f) deliver or cause to be delivered to the returning officer for the relevant election or referendum to which the ballot papers relate - 


(i) those containers, together with a list of them and of the contents of each; and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and



(g) at the same time deliver to that officer packets that so relate containing - 



(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers, and

(iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

    (2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the mayoral election and count the votes given on them.

    (2A) Where the returning officer at the mayoral election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he shall - 

(a) on receipt of the containers containing the ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 40(1A), open each container;

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Elections Regulations, or under that regulation as applied by these Regulations or regulations made under sections 45 and 105 of the Local Government Act 2000[19], count such of the postal ballot papers as have been duly returned and record the number counted; and

(c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.

    (2B) Paragraph (8) does not apply to proceedings under paragraph (2A).

    (3) The returning officer shall then - 

(a) where the election is contested by more than two candidates, count the first preference votes given on them;

(b) where the election is contested by only two candidates, count the votes given on them.

    (4) A postal ballot paper shall not be taken to be duly returned unless - 

(a) it is returned in the manner set out in paragraph (5), and reaches the returning officer or any polling station in the appropriate electoral area (as defined in paragraph 5B) before the close of the poll; and

(b) the declaration of identity, duly signed and authenticated, is also returned in the manner set out in paragraph (5), and reaches him or such a polling station before that time.

    (5) The manner in which any postal ballot paper or declaration of identity may be returned - 

(a) to the returning officer, is by hand or post;

(b) to a polling station, is by hand.

    (5A) The appropriate electoral area in respect of any voter shall be - 

(a) the area which is common to the parliamentary constituency[20], electoral area, local counting area, local authority area or voting area (as the case may be) in which the polls at the mayoral election and any relevant election or referendum are being taken together; and

(b) in respect of which polls the postal voter has been issued with a ballot paper.

    (6) The returning officer shall not count any tendered ballot paper.

    (7) While counting and recording the number of ballot papers and counting the votes, the returning officer shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

    (8) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

    (9) The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

    (10) During the time so excluded the returning officer shall - 

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

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

Rejected ballot papers
     42.  - (1) Any ballot paper - 

(a) which does not bear the official mark,

(b) on which anything is written or marked by which the voter can be identified except the printed number on the back, or

(c) which is unmarked or void for uncertainty as to the first preference vote,

shall be void and not counted.

    (2) A ballot paper on which a vote is marked - 

(a) elsewhere than in the proper place, or

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

(c) by more than one mark,

shall not for such reason be void if - 

(i) at an election at which more than two candidates remain validly nominated, an intention that votes shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears;

(ii) at any other election, an intention that a vote shall be for one only of the candidates clearly appears,



and (in each case) the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

    (3) A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) shall be valid as respects that vote, and counted accordingly.

    (4) The returning officer shall endorse the word "rejected" on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words "rejection objected to" if any objection to his decision is made by a counting agent.

    (5) The returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of - 

(a) want of official mark;

(b) voting for more than one candidate as to the first preference vote;

(c) writing or mark by which the voter could be identified; and

(d) unmarked or void for uncertainty as to the first preference vote.

Decisions on ballot papers
     43. The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Re-count
     44.  - (1) A candidate or his election agent may, if present when the counting or any re-count of the votes, or as the case may be, the first preference votes, is completed, require the returning officer to have the votes re-counted or again re-counted but the returning officer may refuse to do so if in his opinion the request is unreasonable.

    (2) No step shall be taken on the completion of the counting or any re-count of the votes, or as the case may be, the first preference votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Procedure at conclusion of first count
     45.  - (1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer shall draw up a statement showing - 

(a) the total number of ballot papers used;

(b) the total number of rejected ballot papers;

(c) at an election contested by more than two candidates - 


(i) the number of first preference votes given to each candidate; and

(ii) the total number of first preference votes given; and



(d) at an election contested by only two candidates, the number of votes given for each candidate.

    (2) As soon as practicable after completion of the statement, the returning officer shall - 

(a) inform such of the candidates and their election agents as are then present of the contents of the statements (prepared in accordance with rule 42(5) and paragraph (1) of this rule; and

(b) give public notice of the contents of those statements.

    (3) Where an election is contested by more than two candidates, the returning officer shall - 

(a) if paragraph 2 of Schedule 2 to the 2000 Act applies (candidate with overall majority of first preference votes), make the declaration required by rule 48(1); or

(b) if paragraph 3 of that Schedule applies, count the second preference votes at the time and place notified in accordance with rule 40(1)(b).

    (4) Where - 

(a) an election is contested by only two candidates; and

(b) the total number of votes given for each of them is unequal,

the person to be returned as the elected mayor is the candidate to whom the majority of the votes is given.

    (5)  - 

(a) an election is contested by only two candidates; and

(b) the total number of votes given for each of them is equal,

the returning officer shall decide by lot which of them is to be returned as the elected mayor.

    (6) In a case to which paragraph (4) or (5) applies, the declaration of the person to be returned as the elected mayor shall be made in accordance with rule 48.

(a) it shall not be necessary for any ballot paper account at that election to be prepared or verified; and

(b) the returning officer, having separated the ballot papers relating to each relevant election or referendum shall take no step or further step for the counting of the ballot papers used at the mayoral election (at which a candidate has died) or of the votes and shall seal up all those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

    (3) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death, with the following modifications - 

(a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and

(b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

     Signature (or mark) . . . . . . . . . . . . . . .

     Date . . . . . . . . . . . . . . .

Signed (or marked) in my presence

Signature (or mark) of witness . . . . . . . . . . . . . . .

Name and address of witness . . . . . . . . . . . . . . .

(WRITE CLEARLY)

Note: A person's electoral number is his number in the register to be used at the election (including the distinctive letter of the parliamentary polling district in which he is registered).

(a) no word shall be printed on the face except - 


(i) the direction "VOTE FOR ONE CANDIDATE ONLY [X];"

(ii) the particulars of the candidates; and

(iii) words forming part of the emblems;



(b) no rule shall be printed on the face except the horizontal rule separating the direction mentioned in sub-paragraph (a)(i) from the particulars of the candidates and the horizontal rules separating the particulars of the candidates and the vertical rules separating those particulars from the numbers on the left-hand side and the spaces on the right where the vote is to be marked;

(c) the whole space between the top and the bottom of the paper shall be equally divided between the direction mentioned in sub-paragraph (a)(i) and each candidates by the horizontal rules mentioned in sub-paragraph (b).

     3. The direction mentioned in sub-paragraph (a)(i) shall be printed in large capitals.

     4. The surname of each candidate shall in both cases be printed by itself in large capitals, and his full particulars shall be set out below it and shall be printed in ordinary type except that small capitals shall be used - 

(a) if his surname is the same as another candidate's, for his other names; and

(b) if his other names are also the same as the other candidate's, either for his home address or for his description unless each of them is the same as that of another candidate with the same surname and other names.

     5. Where an emblem is to be printed against a candidate's name - 

(a) it shall be printed between the candidate's particulars and the vertical rule separating the candidate's particulars from the spaces where the vote is to be marked, and

(b) its size as printed shall not exceed two centimetres square.

     6. The number on the back of the ballot paper shall be printed in small characters.

(a) no word shall be printed on the face except the direction "VOTE ONCE [X] IN EACH COLUMN", the column headings "1st Choice" and "2nd Choice", the particulars of the candidates and words forming part of the emblems;

(b) no rule shall be printed on the face except the horizontal rule separating the direction mentioned in paragraph (a) above from the particulars of the candidates from one another and the vertical rules separating those particulars from the numbers on the left-hand side and the spaces on the right where the vote is to be marked;

(c) the whole space between the top and the bottom of the paper shall be equally divided between the direction mentioned in paragraph (a) above and each of the candidates by the horizontal rules mentioned in paragraph (b).

     3. The direction mentioned in paragraph 2(a) above shall be printed in large capitals.

     4. The surname of each candidate shall in all cases be printed by itself in large capitals, and his full particulars shall be set out below it and shall be printed in ordinary type except that small capitals shall be used - 

(a) if his surname is the same as another candidate's, for his other names; and

(b) if his other names are also the same as the other candidate's, either for his home address or for his description unless each of them is the same as that of another candidate with the same surname and other names.

     5. Where an emblem is to be printed against a candidate's particulars - 

(a) it shall be printed between the particulars and the vertical rule separating the particulars from the spaces where the note is to be marked, and

(b) its size as printed shall not exceed two centimetres square.

     6. The number on the back of the ballot paper shall be printed in small characters.

(a) [*in the constituency members election ([insert colour of ballot paper] ballot paper), mark a cross (X) to the right of the name of the candidate of your choice. Vote for one candidate only.]

(b) [*in the London members election ([insert colour of ballot paper] ballot paper), mark a cross (X) to the right of the name of the party or individual candidate of your choice. Vote only once.]

(c) [*in the London Mayoral election ([insert colour of ballot paper] ballot paper), vote ONCE for your FIRST CHOICE and ONCE for your SECOND CHOICE.]#]

# This wording should be used where the GLRO has not supplied wording pursuant to the Greater London Authority Elections (No. 2) Rules 2000[23].

     5. [*When you are voting in a (specify) election, mark a cross (X) to the right of the name of the candidate of your choice. Vote for one candidate only/Vote ONCE for your FIRST CHOICE and ONCE for your SECOND CHOICE*.]

     6. [*When you are voting in a referendum, mark a cross (X) to the right of the answer of your choice. Vote once only.]

     7. Put no other mark on the ballot papers, or your votes may not be counted.

     8. Mark all votes secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

     9. Put the ballot papers in the small envelope marked "A" and seal it. Then put the envelope marked "A", together with this declaration of identity, in the larger envelope marked "B". Return it without delay. The ballot papers must be received by the returning officer not later than the close of the poll.

Alternatively they may be returned to any of the following polling stations on polling day:

*[insert polling station(s) . . . . . . . . . . . . . . . ]

or

*Alternatively they may be returned to any polling station in the following area:

*[specify area]

     10. If you receive more than one ballot paper relating to the same election or referendum, remember that it is illegal to vote more than once (otherwise than as proxy) at that election.

     11. At these elections [*and referendum] you cannot vote in person at a polling station, even if you receive an official poll card.

     12. If you inadvertently spoil any postal ballot paper, you can apply to the returning officer for a new one. If you do this you MUST RETURN ALL OF THE POSTAL BALLOT PAPERS YOU HAVE RECEIVED, together with the spoilt ballot paper. In addition, in your application for fresh postal ballot papers you MUST RETURN the declaration of identity in your own envelope. Remember that there is little time available if fresh postal ballot papers are to be issued and counted.

*To be omitted or completed as appropriate by the returning officer responsible for the issue and receipt of ballot papers.

Form for use where there is separate issue and receipt of postal ballot papers

(a) place each ballot paper in the correct smaller envelope and seal it;

(b) put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;

(c) return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of the poll.

*Alternatively, they may be returned to any of the following polling stations on polling day:

*[insert polling station(s) . . . . . . . . . . . . . . . ]

or

*Alternatively they may be returned to any polling station in the following area:

*[specify area]

     5. If you receive more than one ballot paper relating to the same election or referendum, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election or the same referendum. You are entitled to vote at different elections and referendums which are held on the same day.

     6. At this election [and referendum*] you cannot vote in person at a polling station, even if you receive an official poll card.

     7. If you inadvertently spoil your postal ballot paper, you can apply to the returning officer for a new one. With your application you must return, in your own envelope, the spoilt ballot paper, the declaration of identity and the envelopes marked "A" and "B". Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.

* Omit as appropriate

[(i) in the election for the constituency members of the London Assembly, vote for ONE candidate only;]*

[(ii) in the election of the London members of the London Assembly, vote for ONE party or individual candidate only;]*

[(iii) in the Mayoral election VOTE ONCE FOR YOUR FIRST CHOICE AND ONCE FOR YOUR SECOND CHOICE].*#

     D. At the [specify other] election/referendum* [mark a cross (X) to the right of the candidate/the answer* for which you are voting] [vote once only] [vote once for your first choice and once for your second choice.]

     4. [Please do not fold the ballot papers for the [specify the election(s) at which the votes are to be counted electronically]]. Fold [each/any other] ballot paper(s) in two and show the official mark on it to the presiding officer*. Do not let anyone see your vote. Put each ballot paper in the [*appropriate] ballot box and leave the polling station.

Include the words in the first set of square brackets, and the corresponding amendment in the following sentence if the votes are to be counted electronically at one or more of the elections combined with the principal area election

     5. Vote only for the number of candidates specified on each ballot paper [and only one of answers available in the referendum*]. Put no other mark on the ballot papers, or your votes may not be counted.

     6. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

*Complete or omit as necessary and renumber paragraphs as necessary.

#This wording should be used where the GLRO has not supplied wording pursuant to the Greater London Authority Elections (No. 2) Rules 2000[24].

[2] Subsection (3A) was inserted by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 21, paragraph 18.back

[3] S.I. 2002/185.back

[4] 1985 c. 50.back

[5] See the Representation of the People Act 1983 (c. 2); section 203(1) was amended by paragraphs 39(1) and (4) of Schedule 3 to the Greater London Authority Act 1999 (c. 29).back

[6] For the definition of "Parliamentary election", see> the Interpretation Act 1978 (c. 30), Schedule 1.back

[7] Provisions as to the combination of polls at elections including mayoral elections are contained in section 36 of the Representation of the People Act 1983 and section 15 of the Representation of the People Act 1985 (c. 2) as applied by these Regulations, and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298).back

[8] 1999 c. 29.back

[9] S.I. 2004/****.back

[10] S.I. 2004/****.back

[11] S.I. 2000/2852.back

[12] Section 35(1) was amended, and section 35(1A) inserted, by the Local Government (Wales) Act 1994 (c. 19), Schedule 16, paragraph 68(7). Subsections (1), (1A) and (3) of section 35 are modified, for the purposes of mayoral elections, by regulation 3(2) of, and Table 1 in Schedule 2 to, these Regulations. For the definition of "proper officer", relevant to section 35(3), see section 202(1) of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, and section 270 of the Local Government Act 1972 (c. 70).back

[13] 1971 c. 80.back

[14] For the meaning of "parliamentary constituency", see section 1 of the Parliamentary Constituencies Act 1986 (c. 56)back

[15] S.I. 2000/427.back

[16] Section 66(6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c. 50).back

[17] The Electoral Commission is established pursuant to section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[18] The Electoral Commission is established pursuant to section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[19] 2000 c. 22. See the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) under section 45.back

[20] For the meaning of "parliamentary constituency", see section 1 of the Parliamentary Constituencies Act 1986 (c. 56)back

[21] Subsection (1) of section 39 was amended by the Local Government Act 1985 (c. 51), Schedule 17, and the Representation of the People Act 1985 (c. 50), section 19(2). See also the definition of "local government area" in subsection (1) of section 203 of the Representation of the People Act 1983 (c. 2), amended by the Greater London Authority Act 1999, Schedule 3, paragraph 39(4), and subsection (2) of that section, as substituted by paragraph 39(6) of that Schedule.back

[22] Section 80 was amended by the Local Government Finance Act 1982 (c. 32), Schedule 5, paragraph 5(1) and Schedule 6, Part IV, by the Representation of the People Act 1983 (c. 2), Schedule 8, paragraph 12, the Transport Act 1985 (c. 67), Schedule 8, the Education Reform Act 1988 (c. 40), Schedule 13, Part I, the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 21, the Environment Act 1995 (c. 25), Schedule 10, paragraph 10, the Local Government Act 2000, Schedule 3, paragraph 8, and S.I. 2001/2237. Section 81 was amended by the Insolvency Act 1985 (c. 65), Schedule 8, paragraph 22, the Local Government Act 1985 (c. 50) Schedule 17, the Education Reform Act 1988, Schedule 13, Part II.back

[23] S.I. 2000/427.back

[24] S.I. 2000/427.back