Office of Public Sector Information
SCHEDULE 3 continued PART 5
56.—(1) As soon as the GLRO has determined that paragraph 4(1) of Schedule 2 to the 1999 Act applies he must comply with paragraphs 4(5) and (6) of Schedule 2 to the 1999 Act.
(2) As soon as the GLRO has ascertained the result of the second calculation, he must provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(3) In paragraph (2), “the relevant figures” means—
(a) the number of second preference votes given in each of the Assembly constituencies for each of the candidates remaining in the contest, and
(b) the calculation undertaken by the GLRO for the purpose of ascertaining the total number of first and second preference votes given to each of those candidates.
(4) If, after the second calculation, the total number of votes given for two or more candidates is equal, the person to be returned as the Mayor is the person whom the GLRO decides, in accordance with paragraph 4(8) of Schedule 2 to the 1999 Act, is to be returned as the Mayor.
57.—(1) The GLRO must declare to be elected as the Mayor of London the candidate who, in accordance with section 4(2) of the 1999 Act or Part I of Schedule 2 to that Act (including those provisions as applied by section 16(4) at an election to fill a vacancy), as the case may be, is to be returned as the Mayor at that election.
(2) The GLRO must give public notice of—
(a) the name of the of the person declared to be elected and his authorised description, if any, within the meaning of rule 6(5) or (7),
(b) the total number of first preference votes given for each candidate,
(c) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes,
(d) the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers, and
(e) the number of ballot papers on which no second preference vote was counted under each head shown in the statement of rejected ballot papers,
(3) In an uncontested election, the GLRO must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—
(a) declare to be elected the candidate remaining validly nominated, and
(b) give public notice of the name of the person declared to be elected and his authorised description, if any, within the meaning of rule 6(5) or (7).
(4) Subject to paragraph (5), after the GLRO complies with paragraphs (1) and (2), he may, in so far as is practicable, give public notice of the information referred to paragraph (2)(b) to (e) so as to set out the number of votes falling under each of those heads, in respect of each ward.
(5) Where the sum of first preference votes given for all candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (4) in respect of that ward alone, but must amalgamate the figures for that ward with those for any other ward in which more than 500 votes have been given, in the same Assembly constituency.
58.—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 must be returned to the person making it or his personal representative.
(2) Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.
(3) For the purposes of paragraph (2)—
(a) a day must be disregarded if, in accordance with rule 4, it would be disregarded in computing any period of time for the purposes of the timetable for the election, and
(b) the deposit must be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.
(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the GLRO before the first calculation under rule 55, the deposit must be returned as soon as practicable after the publication of the statement or after his death, as the case may be.
(5) Where a poll is taken, if, after the first calculation under rule 55, the candidate is found not to have polled more than one-twentieth of the total number of first preference votes polled by all the candidates, the deposit must be forfeited to the Greater London Authority.
59.—(1) On the completion of the counting at a contested election the CRO must seal up in separate packets the counted and rejected ballot papers.
(2) Where some or all of the votes have been counted using the electronic counting system, the CRO must also seal up in a separate packet a complete electronic record (“the electronic record”) of the information stored in the electronic counting system, held in such device as may be suitable for the purpose of its storage.
(3) After making the electronic record under paragraph (2), the CRO must arrange for the original records in the electronic counting system to be removed from it and destroyed in a manner that ensures that the secrecy of those records is preserved.
(4) The CRO must not open the sealed packets of—
(a) tendered ballot papers,
(b) certificates as to employment on duty on the day of the poll,
(c) the completed corresponding number lists, or
(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.
60.—(1) The CRO must then forward the following documents to the relevant registration officer—
(a) the packets of ballot papers in his possession,
(b) the packet containing the electronic record (if any),
(c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
(d) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 44 and the declarations made by the companions of voters with disabilities,
(e) the packets of the completed corresponding number lists,
(f) the packets of certificates as to employment on duty on the day of the poll, and
(g) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,
endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the Assembly constituency for which the election was held.
61.—(1) An order—
(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer, or
(b) for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the custody of the relevant registration officer,
may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.
(2) An election court may make an order for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer.
(3) An order under this rule may be made subject to such conditions as to—
(a) persons,
(b) time,
(c) place and mode of inspection,
(d) production or opening,
as the court making the order thinks expedient; but in making and carrying into effect an order for the opening of a packet containing the electronic record or a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—
(i) that his vote was given, and
(ii) that the vote has been declared by a competent court to be invalid.
(4) An appeal lies to the High Court from any order of a county court under this rule.
(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
(6) Where an order is made for the production by the relevant registration officer of any document in his custody relating to any specified election—
(a) the production by him or his agent of the document or electronic record ordered in such manner as may be directed by that order will be conclusive evidence that the document or electronic record relates to the specified election, and
(b) any endorsement on any packet of ballot papers so produced will be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
(7) The production from proper custody of—
(a) a ballot paper purporting to have been used at any election, or
(b) a copy of the electronic record which purports to record that a particular ballot paper was used at any election, and
a completed corresponding number list with a number written beside the number of the ballot paper, will be prima facie evidence that the elector whose vote was given by that ballot paper was the person who, at the time of the election, had affixed to his entry in the register of electors or on the notice issued under section 13B(3B) or (3D) of the 1983 Act, the same number as was written on the completed corresponding number list.
(8) Unless authorised by this rule, no person may be allowed to inspect any rejected or counted ballot papers in the custody of the relevant registration officer or open any sealed packets of completed corresponding number lists, certificates of employment on the day of the poll or containing the electronic record.
62. The relevant registration officer must retain or cause to be retained for one year all documents and, where applicable, electronic records relating to an election forwarded to him in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrate’s court or an election court, must cause them to be destroyed.
The Greater London Authority Elections Rules 2007