SCHEDULE 2 continued PART 4 continued
42.—(1) If a person, representing himself to be—
(a) a particular elector named in 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 must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
(2) Paragraph (4) applies if—
(a) a person applies for a ballot paper representing himself to be a particular elector named in the register,
(b) he is also named in the postal voters list, and
(c) he claims that he did not make an application to vote by post at the election.
(3) Paragraph (4) also applies if—
(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
(b) he is also named in the proxy postal voters list, and
(c) he claims that he did not make an application to vote by post as proxy.
(4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
(a) a particular elector named in the register who is also named in the postal voters list, or
(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he has lost or has not received his postal ballot paper.
(6) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
43.—(1) A tendered ballot paper must—
(a) be of a colour differing 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 on the register of electors, and set aside in a separate packet.
(2) The name of the voter and his number on the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
(3) 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 must be the number of that elector.
(4) In the case of an elector who has an anonymous entry, this rule and rule 42 apply subject to the following modifications—
(a) in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,
(b) otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears in the register or list (as the case may be).
(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 42 apply as if—
(a) in rule 42(1)(a), (2)(a) and (5)(a), for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”,
(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”,
(c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.
(6) Where any other ordinary Authority election in the Assembly constituency is contested, the same tendered votes list may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that tendered ballot papers were marked in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
44.—(1) 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 the fact of the inadvertence, obtain a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
(2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 39(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.
(3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 39(1) (the corresponding number list)—
(a) in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—
(i) the number of the elector, and
(ii) the number of the ballot paper which is being replaced; and
(b) in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.
(4) Where any other ordinary Authority election in the Assembly constituency is contested, the voter must only receive a replacement for a spoilt or returned ballot paper.
(5) If the same corresponding number list is used for more than one Authority election in accordance with rule 39(7)—
(a) the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and
(b) any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 39(1), or obtained under paragraph (1) or (2) of this rule—
(i) must not be delivered to the voter,
(ii) must be cancelled, and
(iii) for the purposes of these rules, must be treated as a spoilt ballot paper.
45.—(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
(2) Where any other ordinary Authority election in the Assembly constituency is contested, the same list referred to in paragraph (1) may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that ballot papers were delivered in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
46.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the CRO.
(2) Where the poll is adjourned at any polling station—
(a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and
(b) references in these Rules to the close of the poll must be construed accordingly.
(3) As soon as practicable after being informed of the adjournment of a poll, the CRO must inform the GLRO of that fact and of the cause of its adjournment.
47.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, 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 attached,
(b) the unused and spoilt ballot papers placed together,
(c) the tendered ballot papers,
(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,
(e) the list prepared under rule 19, including the part completed in accordance with rule 39(1)(b) (together referred to in these Rules as “the completed corresponding number list”),
(f) the certificates as to employment on duty on the day of the poll,
(g) 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 “disability” and “unable to read”, the list maintained under rule 45, and the declarations made by the companions of voters with disabilities,
and must deliver the packets or cause them to be delivered to the CRO to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery must be approved by the CRO.
(2) The contents of the packets referred to in paragraph (1)(b), (c) and (f) must not be combined with the contents of the packets made under the corresponding rule that applies at any other Authority election.
(3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number list or the certificates as to employment on duty on the day of the poll.
(4) The packets must be accompanied by a statement (“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.
(5) The statement referred to in paragraph (4) may be combined with the statements produced in relation to other Authority elections and the combined statement must be arranged in such manner as the GLRO may direct.
48.—(1) As soon as practicable after the close of the poll, the CRO must make arrangements for carrying out, in the presence of the counting agents, the verification and the counting of the votes at the election and must give to the counting agents notice in writing of the time and place at which he will begin to verify and count the votes.
(2) No person other than—
(a) the CRO and his clerks and technical assistants,
(b) the GLRO,
(c) the candidates and one other person chosen by each of them,
(d) the election agents,
(e) the counting agents,
(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
may be present at the verification and counting of the votes, unless permitted by the CRO to attend.
(3) A person not entitled to attend the local verification and count must not be permitted to do so by the CRO unless he—
(a) is satisfied that the efficient conduct of those proceedings will not be impeded, and
(b) has either consulted the election agents or thought it impracticable to do so.
(4) The CRO must 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.
49.—(1) The GLRO may provide the CRO with an electronic counting system consisting of computer hardware, software and other equipment or services, for the purpose of counting the number of ballot papers, to verify the ballot paper accounts and to count the votes cast on them.
(2) Any verification of ballot paper accounts, count or re-count at the election conducted using the electronic counting system must be conducted in accordance with rule 50.
(3) If the GLRO has provided the CRO with an electronic counting system for use at the election, the CRO must obtain the prior written consent of the GLRO before he may conduct the verification of ballot paper accounts or count the votes manually.
(4) If the verification of ballot paper accounts, count or re-count has commenced using the electronic counting system but has not been completed, the CRO may, if he considers it appropriate, discontinue the count and instead count the votes manually.
(5) Where the count or a re-count has been conducted using the electronic counting system, the CRO may, if he considers it appropriate, conduct any re-count without using that system.
(6) Where verification or any count or re-count is conducted using the electronic counting system, any of the steps referred to rule 50, in so far as practicable, may be undertaken—
(a) concurrently with any other of those steps, or
(b) in a different order.
50.—(1) The CRO must—
(a) open the ballot boxes from each polling station together, in the presence of the counting agents appointed for the purposes of the election and any other Authority election,
(b) cause the electronic counting system to count such of the postal ballot papers as have been duly returned in accordance with paragraphs (2) and (3) and record separately the number counted,
(c) not mix the contents of any ballot box with the contents of any other ballot box during the conduct of any count or re-count.
(2) A postal ballot paper must not be taken to be duly returned unless—
(a) it is returned in the manner set out in paragraph (3) and reaches the CRO or any polling station in the Assembly constituency that includes the electoral area for which the elector is registered as a local government elector, before the close of the poll,
(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches him or such polling station before that time,
(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
(d) in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act(37), the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).
(3) The manner in which any postal paper or postal voting statement may be returned—
(a) to the CRO, is by hand or by post,
(b) to a polling station in the Assembly constituency, is by hand.
(4) After completing the proceedings under paragraph (1), the CRO must cause the electronic counting system to process the ballot papers so as to count—
(a) the number of ballot papers, and
(b) votes given on the ballot papers.
(5) The CRO must not cause the electronic counting system to count any tendered ballot paper.
(6) The CRO must verify each ballot paper account by comparing it with the number of ballot papers processed by the electronic counting system, 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 must draw up a statement as to the result of the verification, which any election agent may copy.
(7) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(8) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded with the prior consent of the GLRO.
(9) During the time so excluded the CRO must—
(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.
51.—(1) Any ballot paper—
(a) which does not bear the official mark,
(b) on which votes are given for more than one party or individual candidate,
(c) 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) which is unmarked, or
(e) which is void for uncertainty,
is, subject to paragraph (2), void and must not be counted.
(2) A ballot paper on which the 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,
must not for such reason be void if an intention that the vote be given for one only of the party or individual candidates clearly appears, and 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) Where the electronic counting system identifies a ballot paper that has been marked, but which appears for whatever reason to be void, it must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (6).
(4) If the clerk, having examined the ballot, considers that the vote is void then the CRO must examine it in the manner referred to in paragraph (6).
(5) After the CRO examines the ballot paper, he must give his decision as to the validity of the vote.
(6) An examination under paragraph (3) or (4) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.
(7) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraph (4)—
(a) either in the manner referred to in paragraph (6), or
(b) by examining a paper copy,
and where the CRO does so, he must give a decision on that paper in accordance with paragraph (5).
(8) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.
(9) A record of the CRO’s decision must be retained in the electronic counting system together with, in the case of a decision that the ballot paper is void, his reasons by reference to paragraph (1).
(10) Where a counting agent objects to the CRO’s decision the CRO must record on the electronic counting system that the decision was objected to.
(11) The CRO must draw up a statement showing the number of ballot papers rejected under the several heads of—
(a) want of an official mark,
(b) voting for more than one party or individual candidate,
(c) writing or mark by which the voter could be identified,
(d) unmarked ballot paper, or
(e) void for uncertainty.
(12) As soon as practicable after the completion of the statement under paragraph (11) the CRO must inform—
(a) such candidates, election agents and counting agents as are present at the count, and
(b) the GLRO,
of its contents.
52. The decision of the CRO on any question arising in respect of a ballot paper is final, but may be subject to review on an election petition.
53.—(1) A candidate or his election agent (including, in the case of a list candidate, the election agent for that list) or a counting agent authorised under rule 31(3) may, if present when the counting or any re-count of the votes is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.
(2) No step may be taken on the completion of the counting or any re-count of votes until the candidates and election agents and counting agents authorised under rule 31(1) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
(3) The CRO may determine the extent to which any re-count involves the electronic counting of votes.
(4) When the returning officer uses the electronic counting system for the re-counting of votes, he must not re-consider any decision made on any ballot paper under rule 51(5).
54.—(1) As soon as practicable after the conclusion of the local count (including any re-count), the CRO must draw up a statement showing—
(a) the total number of votes cast,
(b) the total number of votes rejected under rule 51,
(c) the number of votes given for each registered party, and
(d) the number of votes cast for each individual candidate.
(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents, and if it is practicable to do so, must also provide that information so as to show the total number of votes under each of those heads in each ward.
(3) As soon as practicable after the GLRO has authorised him to do so, the CRO must—
(a) inform such of the candidates and their election agents as are then present of the content of the statements prepared in accordance with rule 51 and paragraph (1) of this rule, and
(b) give public notice of the contents of those statements.
55.—(1) The GLRO must make arrangements for making the allocation of seats in the presence of the election agents of the individual candidates (including, in the case of a list candidate, the election agent for that list), and he must give to those agents notice in writing of the time and place at which he will begin the allocation.
(2) No person other than—
(a) the GLRO and his clerks,
(b) the CROs and a clerk or technical assistant chosen by each of them,
(c) the individual candidates and one person chosen by each of them,
(d) candidates included on a party list and one person chosen by each of them,
(e) the election agents,
(f) the nominating officers of those registered parties standing nominated at the election,
(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
(h) persons permitted to be present at the central calculation at the election of the Mayor of London,
may be present at an allocation, unless permitted by the GLRO to attend.
(3) A person not entitled to attend an allocation must not be permitted to do so by the GLRO unless the GLRO—
(a) is satisfied that the efficiency of the allocation will not be impeded, and
(b) has either consulted the election agents or thought it impracticable to do so.
56.—(1) As soon as the GLRO has received from every CRO the information required by rule 54 he must calculate the London figure for each registered party and individual candidate.
(2) As soon as the GLRO has ascertained the result of the calculation, he must inform such of the election agents for the candidates as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(3) Where information of the description mentioned in paragraph (4)(e) is given in accordance with paragraph (2), the GLRO must provide the persons to whom it was given with a statement containing—
(a) the names of the persons concerned, and
(b) with respect to each such person, the name of the party from whose list his name has been omitted or treated as omitted, and the reason therefor.
(4) In this rule, “the relevant figures” means—
(a) the number of London votes given in the Assembly constituencies for each registered party and for each individual candidate at that election,
(b) in respect of each party, the number of successful candidates to be constituency members, who were the subject of that party’s authorisation under rule 6(5) or 6(7) of the Combined Constituency Members Election Rules,
(c) the calculation of the London figure,
(d) any recalculation required by paragraph 8(3), or carried out in the circumstances mentioned in paragraph 8(8), of Schedule 2 to the 1999 Act, and
(e) the number of persons whose names have been omitted from, or (pursuant to paragraph 8(10) of Schedule 2 to the 1999 Act) who are to be treated as ceasing to be on, a party list.
(5) Paragraph (6) applies where the GLRO is notified under rule 54(5) of the Constituency Members Election Rules that a candidate who is returned as a constituency member is the candidate with a description authorised under rule 6(7)(a) of those rules (a using a description registered by more than one party).
(6) Where this paragraph applies, the GLRO must, in calculating the London figure of each registered party whose nominating officer issued a certificate to which rule 6(7)(a) of the Constituency Members Election Rules refers, include that candidate as a candidate of that party; and in doing so must disregard the fact that for the purposes of calculating the London figure of another registered party, the candidate is also included as the candidate of that other registered party.
See regulation 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910. Back [37]