PART 4 Contested Elections

Poll to be taken by ballot

16.  The votes at the poll must be given by ballot, the result must be ascertained by counting the votes given to each candidate, and the candidate to whom more votes have been given than to the other candidates must be declared to have been elected.

The ballot papers

17.—(1) The ballot of every voter must consist of a ballot paper that must be in the appropriate form.

(2) Each person remaining validly nominated for the election, after any withdrawals, and no other, is entitled to have their name inserted in the ballot paper.

(3) Every ballot paper—

(a) must be printed in accordance with the directions set out in the Forms Schedule,

(b) must contain the names and other particulars of the candidates as shown in the statement of persons nominated,

(c) must have a number and other unique identifying mark printed on the back, and

(d) may, in the case of ballot papers for use at polling stations, be marked with the words “do not fold”.

(4) If a candidate who is the subject of a party’s authorisation under rule 6(5) so requests, the ballot paper must contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(5) The candidate’s request under paragraph (4) must—

(a) be made in writing to the CRO, and

(b) be received by him within the period for delivery of nomination papers set out in the timetable in rule 3.

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

(7) At an ordinary election, the GLRO must supply the ballot papers for use at the election to the CRO by such date as may be agreed between them.

(8) The ballot papers supplied under paragraph (7) must be of a different colour from those used at any other Authority election with which the election is taken.

The corresponding number list

18.—(1) The CRO must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 23(1) or provided by him in pursuance of rule 28(1).

(2) The list must be in the appropriate form or a form to like effect.

(3) At an ordinary election, the same list may be used for each Authority election.

The official mark

19.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret, and an interval of not less than five years must intervene between the use of the same official mark at any Authority election.

(3) The CRO, or at an ordinary election the GLRO, may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

20.  No person who has voted at the election may, in any legal proceeding to question the election, be required to state for whom he has voted.

Use of schools and public rooms

21.—(1) The CRO may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local education authority or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school,

(b) a room the expense of maintaining which is met by any local authority.

(2) The CRO must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.

Notice of poll

22.—(1) The CRO must, in accordance with the timetable in rule 3, publish notice of the poll stating—

(a) the day and hours fixed for the poll, and

(b) the particulars of each candidate remaining validly nominated (the names and other particulars of the candidates, and the order of the candidates’ names being the same as in the statement of persons nominated).

(2) The CRO must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station, and

(b) the description of voters entitled to vote there,

and he must as soon as practicable after giving such a notice give a copy of it to each of the election agents.

(3) At an ordinary election, the notice of poll must include the heading “GREATER LONDON AUTHORITY ELECTION”.

Postal ballot papers

23.—(1) The CRO must, in accordance with regulations made under the 1983 Act(23), issue to those entitled to vote by post a ballot paper and a postal voting statement, together with such envelopes for their return as may be prescribed in such regulations.

(2) The postal voting statement must be in the appropriate form or a form to like effect.

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).

(4) The CRO must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper,

(b) a translation into Braille of such directions or guidance,

(c) graphical representations of such directions or guidance,

(d) the directions or guidance in any other form (including any audible form).

(5) In the case of a ballot paper issued to a person at an address in the United Kingdom, the CRO must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

(6) Where the proceedings on the issue and receipt of postal ballot papers at the election are taken together with any other Authority election the appropriate form of postal voting statement under paragraph (2) may be the joint postal voting statement which must be in the appropriate form or form to like effect.

Provision of polling stations

24.—(1) The CRO must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must 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 Assembly constituency must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the Assembly constituency.

(4) The CRO must 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

25.—(1) The CRO must appoint and pay a presiding officer to attend at each polling station and such clerks and technical assistants as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.

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

(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

26.—(1) The CRO must as soon as practicable after the publication of the notice of election, send to electors and their proxies an official poll card.

(2) An elector’s official poll card must 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 must be in the appropriate form or a form to like effect, and must set out–

(a) the name of the Assembly constituency for which a constituency member is to be elected,

(b) the elector’s name, qualifying address and number on the register,

(c) the date and hours of the poll and the situation of the elector’s polling station, and

(d) such other information as the CRO thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different electors or descriptions of elector.

(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b), the polling card must contain such matter as is specified in the appropriate form.

(5) At an ordinary election, the CRO must issue a combined poll card in the appropriate form.

(6) In this rule “elector” means—

(a) an elector with an entry on the register to be used at the election on the last day for the publication of the notice of the election, and

(b) includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

Information for voters

27.—(1) At an ordinary election, the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.

(2) The information for voters given in the election booklet may include information about—

(a) the office of the Mayor and the London Assembly,

(b) the system of voting at each Authority election,

(c) how to vote in a manner that will ensure a vote is regarded as validly cast, and

subject to paragraph (3), may include any other information given in exercise of the GLRO’s duty under section 69 (encouraging electoral participation) of the 2006 Act.

(3) The information for voters must not contain—

(a) any advertising material,

(b) any material referring to a candidate or a registered party, other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election,

(c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Equipment of polling stations

28.—(1) The CRO must provide each presiding officer with—

(a) such ballot papers as may be necessary, and

(b) such ballot boxes as may be necessary having taken account of any direction made by the GLRO in accordance with paragraph (9).

(2) Every ballot box must 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 CRO must provide each polling station with—

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

(b) copies of the register of electors for the Assembly constituency or such part of it as contains the entries relating to the electors allotted to the station,

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

(d) a list consisting of that part of the list prepared under rule 18 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act(24) in respect of alterations to the register.

(5) The CRO must also provide each polling station with a device 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 40.

(6) The device referred to in paragraph (5) 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) keep the ballot paper firmly in place during use,

(c) provide suitable means for the voter to—

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

(ii) identify the candidate to whom each such space refers, and

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

(7) The enlarged sample copies of the ballot paper that the CRO provides to, or causes to be displayed at, every polling station (in accordance with section 199B(5) and (7) of the 1983 Act) must be printed on paper of the same colour as the ballot paper at the election.

(8) The CRO must also provide each polling station with notices for the guidance of voters, which must be exhibited—

(a) outside the polling station,

(b) inside the polling station—

(i) in the communal areas, and

(ii) in every voting compartment.

(9) If the GLRO thinks fit he may, not later than the date of the notice of election, direct the CRO that joint ballot boxes must be used for the ballot papers at the election and any or all Authority elections with which the election is taken.

Notices for the guidance of voters

29.—(1) The CRO must prepare the notices to be exhibited under rule 28(8).

(2) The CRO may prepare versions of the notices in such other form as he thinks appropriate, in accordance with section 199B (translations etc of certain documents) of the 1983 Act.

(3) Notices for the guidance of voters exhibited under rule 28(8) or paragraph (2) must be in the appropriate form, but may include such alternative information relating to Authority elections as—

(a) meets with the requirements of the Notices Schedule, and

(b) the CRO may decide.

(4) Notices provided under paragraph (2) may, if the CRO agrees, be exhibited at any polling station—

(a) outside the polling station,

(b) inside the polling station—

(i) in the communal areas,

(ii) in every voting compartment.

(5) At an ordinary election, the GLRO must prepare the notices and versions of notices to be exhibited under rule 28(8) and supply them to the CRO, and for paragraph (3)(b) there must substituted—

“(b) the GLRO may decide.”

Appointment of polling and counting agents

30.—(1) Before the commencement of the poll, each candidate may appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation, and

(b) counting agents to attend at the counting of votes.

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

(3) For the count, one (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.

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

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

(6) The CRO may limit the number of counting agents, but in doing so must ensure that—

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

(b) the number allowed to a candidate must 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.

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

(8) Notice in writing of the appointment of polling and counting agents, stating the names and addresses of the persons appointed, must be given by the candidate to the CRO and must be so given not later than the fifth day (computed in accordance with rule 4) before the day of the poll.

(9) If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and must forthwith give to the CRO notice in writing of the name and address of the agent appointed.

(10) Any appointment authorised by this rule may be made and the notice of appointment given to the CRO by the candidate’s election agent, instead of by the candidate.

(11) In the following provisions of this Part references to polling agents and counting agents must 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.

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

(13) 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.

(14) 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.

(15) 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 will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

31.  The CRO must make such arrangements as he thinks fit to ensure that—

(a) every person attending 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 of the provisions of subsections (1), (3) and (6) of section 66 (requirement of secrecy) of the 1983 Act(25), 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 of the provisions of subsections (2) and (6) of that section.

Return of postal ballot papers

32.—(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the CRO must mark the list in the manner prescribed by regulations made under the 1983 Act(26).

(2) Rule 49(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Admission to polling station

33.—(1) The presiding officer must exclude all persons from the polling station except—

(a) voters,

(b) persons under the age of 18 who accompany voters to the polling station,

(c) the candidates and their election agents,

(d) the polling agents appointed to attend at the polling station,

(e) the clerks appointed to attend at the polling station,

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

(g) the constables on duty, and

(h) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

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

(4) A constable or person employed by the CRO must 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 must be in the appropriate form and signed by an officer of the police of or above the rank of inspector or by the CRO, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

Keeping of order in station

34.—(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 CRO to remove him,

and the person so removed must 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 must 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

35.  Immediately before the commencement of the poll, the presiding officer must—

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

(b) lock up such of the boxes as have locks,

(c) place his seal—

(i) on each lock, and

(ii) on each ballot box which has no lock,

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

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

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

Questions to be put to voters

36.—(1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a) may be put by the presiding officer to a person who is mentioned in the first column, and

(b) must be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put.

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register must be taken as references to reading from the notice issued under those subsections.

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

(4) Except as authorised by this rule, no inquiry may be permitted as to the right of any person to vote.

Challenge of voter

37.  A person must not be prevented from voting because—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

38.—(1) A ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors must be called out,

(b) the number of the elector must be marked on the list mentioned in rule 28(3)(d) beside the number of the ballot paper to be issued to him,

(c) a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,

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

(2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card and only his number may be called out in pursuance of paragraph (1)(a).

(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”,

(b) in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer’s presence, but so as to conceal his vote.

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

(6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—

(a) immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,

(b) place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.

(7) At an ordinary election, the same copy of—

(a) the list of proxies,

(b) the list mentioned in rule 28(3)(d),

(c) the register of electors,

(d) any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),

may be used for each Authority election and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, register or notice so as to identify the elections in respect of which a ballot paper was issued.

Votes marked by presiding officer

39.—(1) The presiding officer, on the application of a voter—

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

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

must, 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, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

(3) 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(27), paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each Authority election, unless the list identifies the election for which the ballot paper was so marked.

Voting by persons with disabilities

40.—(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, 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 must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, 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 these Rules, and

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

the presiding officer must 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 purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person—

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

(b) is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(4) 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 must be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

(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, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(6) The declaration made by the companion—

(a) must be in the appropriate form,

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

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

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

(8) At an ordinary election, the same list of voters with disabilities assisted by companions may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each Authority election, unless the list identifies the election for which the vote was so given.

Tendered ballot papers: circumstances where available

41.—(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 42, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.