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PART 7 Death Of Candidate

Countermand or abandonment of poll on death of candidate

60.—(1) If at a contested election proof is given to the CRO’s satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, the CRO—

(a) must countermand notice of the poll or, if polling has begun, direct that the poll be abandoned,

(b) must inform the GLRO of the countermand or abandonment of the poll and of the name of the candidate who has died.

(2) Subsection (1) of section 39 (local elections void etc. in England and Wales) of the 1983 Act applies in respect of any vacancy which remains unfilled as if for the reference to the returning officer there were substituted a reference to the CRO.

(3) Where the poll is abandoned by reason of a candidate’s death, no further ballot papers may be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the CRO of ballot boxes and of ballot papers and other documents in his possession as he is required to take on the close of the poll in due course.

(4) The CRO must dispose of the ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, subject to paragraphs (5) and (6).

(5) It is not be necessary for any ballot paper account to be prepared or verified.

(6) The CRO must seal up all the ballot papers, whether the votes on them have been counted or not, and it will not be necessary to seal up counted and rejected ballot papers in separate packets.

(7) 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, subject to paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order may be made for—

(a) the production or inspection of any ballot papers, or

(b) for the opening of a sealed packet of completed corresponding number lists 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.

Rule 3(3)

SCHEDULE 2 THE LONDON MEMBERS ELECTION RULES

Contents

  1. PART 1

    General Provisions

    1. 1. Citation

    2. 2. Interpretation

  2. PART 2

    Provisions As To Time

    1. 3. Timetable

    2. 4. Computation of time

  3. PART 3

    Stages Common To Contested And Uncontested Elections

    1. 5. Notice of election

    2. 6. Nomination of candidates: individual candidates

    3. 7. Nomination of candidates: list candidates

    4. 8. Nomination papers: general provisions

    5. 9. Consent to nomination

    6. 10. Deposits

    7. 11. Decisions as to validity of nomination papers

    8. 12. Publication of statement of persons nominated

    9. 13. Correction of minor errors

    10. 14. Inspection of nomination papers and consent to nomination

    11. 15. Withdrawal or death of candidate

    12. 16. Method of election

  4. PART 4

    Contested Elections

    1. 17. Poll to be taken by ballot

    2. 18. The ballot papers

    3. 19. The corresponding number list

    4. 20. The official mark

    5. 21. Prohibition of disclosure of vote

    6. 22. Use of schools and public rooms

    7. 23. Notice of poll

    8. 24. Postal ballot papers

    9. 25. Provision of polling stations

    10. 26. Appointment of presiding officers and clerks

    11. 27. Issue of official poll cards

    12. 28. Information for voters

    13. 29. Equipment of polling stations

    14. 30. Notices for the guidance of voters

    15. 31. Appointment of polling and counting agents

    16. 32. Notification of requirement of secrecy

    17. 33. Return of postal ballot papers

    18. 34. Admission to polling station

    19. 35. Keeping of order in station

    20. 36. Sealing of ballot boxes

    21. 37. Questions to be put to voters

    22. 38. Challenge of voter

    23. 39. Voting procedure

    24. 40. Votes marked by presiding officer

    25. 41. Voting by persons with disabilities

    26. 42. Tendered ballot papers: circumstances where available

    27. 43. Tendered ballot papers: general provisions

    28. 44. Spoilt and replacement ballot papers

    29. 45. Correction of errors on day of poll

    30. 46. Adjournment of poll in case of riot

    31. 47. Procedure on close of poll

    32. 48. Attendance at verification and the local count

    33. 49. Use of the electronic counting system

    34. 50. Verification and the local count

    35. 51. Rejected ballot papers

    36. 52. Decision on ballot papers

    37. 53. Re-count

    38. 54. Procedure at conclusion of local count

    39. 55. Attendance at allocation of seats

    40. 56. The calculation

  5. PART 5

    Final Proceedings In Contested And Uncontested Elections

    1. 57. Declaration of result

    2. 58. Return or forfeiture of candidate’s deposit

  6. PART 6

    Disposal Of Documents

    1. 59. Sealing up of ballot papers

    2. 60. Delivery and retention of documents

    3. 61. Orders for production of documents

    4. 62. Retention and destruction of documents and records

  7. PART 7

    List Candidates And The Filling Of Vacancies

    1. 63. Interpretation of Part 7

    2. 64. Removal from a party list on election as Mayor or as a constituency member

    3. 65. Notification of vacancy

    4. 66. Unwilling candidate or objection by registered party

    5. 67. Acceptance of office and further notification

  8. PART 8

    Returns And Declarations As to Election Expenses

    1. 68. Declarations as to election expenses