The National Assembly for Wales (Representation of the People) Order 1999

• (2) Where at an ordinary election electors are entitled to give two votes the same ballot box shall be used for the receipt of ballot papers in respect of votes given at each election.

• (3) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

• (4) The constituency 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 or such part of it as contains the names of electors allotted to the station, and

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

• (5) At an ordinary election where there are contested elections for an Assembly constituency and for the Assembly electoral region in which the constituency is situated, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

• (6) Where there is a contested election for an Assembly constituency but there is no such election for the Assembly electoral region in which the constituency is situated, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

• (7) Where there is a contested election for an Assembly electoral region but there is no such election for an Assembly constituency in the Assembly electoral region, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station in the Assembly constituency.

• (8) Where there is a contested constituency election, in every compartment of every polling station there shall be exhibited the notice—

• (a) in the case where votes are also given at the polling station in respect of a contested regional election—

Vote for one candidate only on the constituency ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

, or

• (b) in any other case—

Vote for one candidate only on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

• (9) Where there is a contested regional election, in every compartment of every polling station there shall be exhibited the notice—

• (a) in the case where votes are also given at the polling station in respect of a contested constituency election—

Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

, or

• (b) in any other case—

Vote once only on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch unwaith yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

• (10) At an Assembly election the statement of persons nominated shall be printed in conspicuous characters and exhibited inside and outside every polling station.

Appointment of polling and counting agents

35

• (1) Subject to sub-paragraph (2), at a constituency election each candidate may, before the commencement of the poll, 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 the votes.

• (2) In the case of a constituency election, the constituency returning officer may limit the number of counting agents, so that—

• (a) the number shall be 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.

• (3) Subject to sub-paragraph (4), at a regional election each—

• (a) individual candidate, and

• (b) election agent for a group of party list candidates,

may, before the commencement of the poll, in relation to each Assembly constituency in the Assembly electoral region, appoint—

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

• (ii) counting agents to attend at the counting of the votes.

• (4) In the case of a regional election the constituency returning officer may, in relation to the Assembly constituency for which he is the returning officer, limit the number of counting agents, so that—

• (a) the number shall be the same in the case of each individual candidate or election agent for a group of party list candidates, and

• (b) the number allowed to an individual candidate or election agent shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the total of the number of individual candidates and registered political parties which have submitted to a party list.

• (5) Notice in writing of an appointment under sub-paragraph (1) or (3), stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given not later than the second day (computed like any period of time set out in the Table in paragraph 1(1)) before the day of the poll.

• (6) If an agent dies, the person who appointed him may appoint another agent in his place, and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

• (7) The foregoing provisions of this paragraph shall be without prejudice to the requirements of article 36(1) as to the appointment of paid polling agents, and any appointment authorised by this paragraph to be made by a candidate may be made and the notice of appointment given to the constituency returning officer by the election agent instead.

• (8) In the following provisions of this Schedule references to polling 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 number.

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

• (10) Any candidate may himself do any act or thing which any polling or counting agent, if appointed by him or on his behalf, would have been authorised to do, or may assist such agent in doing any such act or thing.

• (11) An election agent for an individual candidate or a group of party list candidates may do or assist in doing anything which a polling or counting agent of the candidate or candidates is authorised to do; and anything required or authorised by this Schedule to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.

• (12) Where by this Schedule 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 agents or agent 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

36

At an Assembly election the constituency 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 blind voter to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 31(1), (3) and (6), 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 article 31(2) and (6).

the poll

Admission to polling station

37

• (1) At an Assembly election the presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and (subject to sub-paragraphs (2) and (3)) 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 blind voters,

• (f) in the case of a constituency election, the constituency returning officer, and

• (g) in the case of a regional election, the regional returning officer or the constituency returning officer for the Assembly constituency in which the polling station is situated.

• (2) At a regional election not more than one party list candidate shall be admitted at the same time to a polling station on behalf of the same group of party list candidates.

• (3) At an Assembly election not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same individual candidate or, at a regional election, on behalf of the same group of party list candidates.

• (4) A constable or person employed by a constituency or regional returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Order, except on production and surrender of a certificate as to his employment, which shall be in the form set out in the Appendix to Schedule 2 and signed by an officer of police of the rank of inspector or above or by the returning officer, as the case may be.

• (5) Any certificate surrendered under this paragraph shall forthwith be cancelled.

Keeping of order in the polling station

38

• (1) It is the presiding officer’s duty at an Assembly election 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 constituency 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 paragraph 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

39

At an Assembly election, immediately before the commencement of the poll, the presiding officer shall—

• (a) show each ballot box proposed to be used for the purposes of the poll empty to such persons, if any, as are present in the polling station, so that they may see that each box is empty,

• (b) place his seal on it in such a manner as to prevent it being opened without breaking the seal,

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

• (d) keep it so sealed.

Questions to be put to voters

40

• (1) In the case of a person applying as an elector at an Assembly election, 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 the questions (or one of them) being asked in English—

• (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),

• (ii) “Have you already voted, here or elsewhere, at this election otherwise than as proxy for some other person?”, or

• (b) in the case of the questions (or one of them) being asked in Welsh—

• (i) “Ai chi yw'r person a gofrestrwyd yn y gofrestr etholwyr llywodraeth leol ar gyfer yr etholiad hwn fel hyn?”. (Darllenwch y cofnod llawn yn y gofrestr),

• (ii) “A ydych eisoes wedi pleidleisio, yma neu rywle arall, yn yr etholiad hwn, heblaw fel dirprwy ar ran rhyw berson arall?”.

• (2) Where at an ordinary election a voter is entitled to give two votes at the polling station and, where the presiding officer has asked both or either of the questions set out in sub-paragraph (1), he may then ask the following question—

• (a) in the case of the question being asked in English—

• “Have you already cast a constituency vote and an electoral region vote at this election, here or elsewhere, otherwise than as proxy for some other person?”, or

• (b) in the case of the question being asked in Welsh—

• “A ydych eisoes wedi bwrw pleidlais etholaeth a phleidlais rhanbarth etholiadol yn yr etholiad hwn, yma neu rywle arall, heblaw fel dirprwy ar ran rhyw berson arall?”.

• (3) In the case of an elector applying to vote as proxy at an Assembly election, 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 the questions (or one of the questions) being asked in English—

• (i) “Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?”,

• (ii) “Have you already voted here or elsewhere at this election as proxy on behalf of C.D.?”, or

• (b) in the case of the questions (or one of the questions) being asked in Welsh—

• (i) “Ai chi yw'r person y gwelir ei enw fel A.B. yn y rhestr ddirprwyon ar gyfer yr etholiad hwn, fel un sydd â hawl i bleidleisio fel dirprwy ar ran C.D.?”,

• (ii) “A ydych eisoes wedi pleidleisio, yma neu rywle arall yn yr etholiad hwn fel dirprwy ar ran C.D.?”.

• (4) Where at an ordinary election a voter is entitled to give two votes at the polling station and, where the presiding officer has asked both or either of the questions set out in sub-paragraph (3), he may then ask the following question—

• (a) in the case of the question being asked in English—

• Have you already cast a constituency vote and an electoral region vote at this election, here or elsewhere, on behalf of C.D.?

, or

• (b) in the case of the question being asked in Welsh—

• A ydych eisoes wedi bwrw pleidlais etholaeth a phleidlais rhanbarth etholiadol yn yr etholiad hwn, yma neu rywle arall, ar ran C.D.?

• (5) 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—

• (a) in the case of the question being asked in English—

• Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?

, or

• (b) in the case of the question being asked in Welsh—

• Ai chi yw gŵr [gwraig], rhiant, tad-cu (taid) [mam-gu (nain)], brawd [chwaer], plentyn, neu ŵyr [wyres] C.D?

• (6) If the question set out in sub-paragraph (5) is not answered in the affirmative the presiding officer may and, if required as mentioned above, shall put the following additional question—

• (a) in the case of the question being asked in English—

Have you already voted in this [Assembly constituency] [and in the case of an ordinary election or in any other Assembly constituency within this Assembly electoral region and in this] [Assembly electoral region] at this election on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?

, or

• (b) in the case of the question being asked in Welsh—

• A ydych eisoes wedi pleidleisio, yn [yr etholaeth Gynulliad hon] [ac yn achos etholiad cyffredin neu mewn unrhyw etholaeth Gynulliad arall o fewn y rhanbarth etholiadol Cynulliad hwn ac yn] [y rhanbarth etholiadol Cynulliad hwn] yn yr etholiad hwn ar ran dau berson nad ydych yn ŵr [wraig], rhiant, tad-cu (taid) [mam-gu (nain)], brawd [chwaer], plentyn neu ŵyr [wyres] iddynt?

• (7) 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.

• (8) Save as by this paragraph authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter

41

• (1) If at the time a person applies for a ballot paper at an Assembly election 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 paragraph shall not by reason of it be prevented from voting.

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

Voting procedure

42

• (1) Subject to sub-paragraph (4), at an Assembly election 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 received but without showing the particular ballot paper which has been received, and

• (e) in the case of a person applying for a ballot paper as proxy, a mark shall also 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) At an ordinary election the same copy of the register of electors may be used under sub-paragraph (1) for a constituency election and a regional election and one mark may be placed in that register under sub-paragraph (1)(d) or in the list of proxies under sub-paragraph (1)(e) to denote that a ballot paper has been received in respect of each election except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Votes marked by presiding officer

43

• (1) The presiding officer at an Assembly election on the application of a voter—

• (a) who is incapacitated by blindness or other physical cause from voting in a manner directed by this Schedule, 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 a 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 paragraph, and the reason why it is so marked, shall be entered on a list (in this Schedule called “the list of votes marked by the presiding officer”).

• (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.

• (4) At an ordinary election where voters are entitled to give two votes at the polling station, the same list of votes marked by the presiding officer may be used for the constituency and regional elections at which the voters are entitled to vote 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, unless the list identifies the election at which the ballot paper was so marked.

Voting by blind persons

44

• (1) If a voter makes an application to the presiding officer at an Assembly election to be allowed on the ground of blindness to vote with the assistance of another person by whom he is accompanied (in this Schedule referred to as ‘the companion’); the presiding officer shall require the voter to declare orally whether he is so incapacitated by his blindness 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 this Schedule referred to as “the declaration made by the companion of a blind voter”) that the companion—

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

• (ii) has not previously assisted more than one blind person to vote at the Assembly election,

the presiding officer shall grant the application, and then anything which is by this Schedule 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 this paragraph, a person shall be qualified to assist a blind voter to vote, if that person is either—

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

• (b) the father, mother, brother, sister, husband, wife, son or daughter of the blind 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 paragraph and the name and address of the companion shall be entered on a list (in this Schedule referred to as “the list of blind voters assisted by companions”).

• (5) For the purposes of sub-paragraph (4), 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 form set out in English and Welsh in the Appendix,

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

• (8) At an ordinary election where voters are entitled to give two votes at the polling station, the same list of blind voters assisted by companions may be used for the constituency and regional elections at which the voters are entitled to vote 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, unless the list identifies the election at which a vote was so given.

Tendered ballot papers

45

• (1) If a person, at an Assembly election, 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 paragraph, to mark a ballot paper (in this Schedule 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, and

• (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 this Schedule referred to as the “tendered votes list”).

• (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.

• (5) At an ordinary election where voters are entitled to give two votes at the polling station, the same tendered votes list for the constituency and regional elections at which the voters are entitled to vote may be used and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were so marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was so marked.

Spoilt ballot papers

46

A voter who has inadvertently dealt with his ballot paper at an Assembly election 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 another ballot paper in the place of the ballot paper so delivered (in this Schedule referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot

47

• (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—

• (a) in the case of an ordinary election where voters are entitled to give two votes at the polling station, to the constituency and to the regional returning officer, but otherwise

• (b) in the case of constituency election, to the constituency returning officer, or

• (c) in the case of a regional election, to the constituency returning officer for the Assembly constituency in which the polling station is situated and to the regional returning officer.

• (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 this Order to the close of the poll shall be construed accordingly.

Procedure on close of poll

48

• (1) As soon as practicable after the close of the poll at an ordinary election where electors have been entitled to give two votes at the polling station, the presiding officer shall, 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,

• (b) the unused and spoilt ballot papers placed together relating to the constituency election,

• (c) the unused and spoilt ballot papers placed together relating to the regional election,

• (d) the tendered ballot papers relating to the consistuency election,

• (e) the tendered ballot papers relating to the regional election,

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

• (g) the counterfoils of the used ballot papers relating to the consistuency election,

• (h) the counterfoils of the used ballot papers relating to the regional election,

• (i) the certificates as to employment on duty on the day of the poll, and

• (j) the tendered votes list, the list of the blind voters 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 blind voters.

• (2) Where sub-paragraph (1) does not apply at an Assembly election, as soon as practicable after the close of the poll, the presiding officer shall, 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,

• (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,

• (f) the certificates as to employment on duty on the day of the poll, and

• (g) the tendered votes list, the list of blind voters 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 blind voters.

• (3) The presiding officer shall deliver the packets made up under sub-paragraph (1) or (2), or cause them to be delivered, to the constituency returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the constituency returning officer, the arrangements for their delivery shall require the constituency returning officer’s approval.

• (4) The packets at an Assembly election shall be accompanied by—

• (a) a separate statement relating to each Assembly election where sub-paragraph (1) applies, or

• (b) a statement relating to the Assembly election where sub-paragraph (2) applies,

(in this Schedule referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

counting of votes

Time of, and attendance at, counting of votes

49

• (1) The constituency returning officer at an Assembly election shall—

• (a) (subject to sub-paragraph (4)) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and

• (b) give to the counting agents notice in writing—

• (i) of the time and place (or places, if the exercise of the power conferred by paragraph 50(2) means that there is more than one place) at which the proceedings described in paragraph 50(1) will begin,

• (ii) in the case where the power conferred by paragraph 50(2) is exercised, of the time and the place at which he will count the votes following completion of the proceedings described in paragraph 50(1), and

• (iii) in the case of a direction under sub-paragraph (4), of the time and the place at which he will count the votes following completion of the proceedings described in paragraph 50(1),

and a notice under this sub-paragraph may be combined with another such notice.

• (2) At a regional election a notice under sub-paragraph (1)(b) shall also be given to the regional returning officer.

• (3) At an ordinary election a notice required under sub-paragraph (1)(b) in respect of a constituency or a regional election may be combined with such a notice in respect of the other election.

• (4) At an ordinary election where there are polls at—

• (a) a regional election, and

• (b) constituency elections in the Assembly electoral region for which the regional election is held,

the Secretary of State may direct that the count (excluding the proceedings described in paragraph 50(1)) in respect of each such election shall not begin before such time as is specified in the direction between the hours of 9 in the morning and noon on the day following the close of polls for those elections (disregarding any day mentioned in paragraph 2).

• (5) A direction given under sub-paragraph (4) shall be given not later than 28 days before the date of the ordinary election in question.

• (6) Where a direction is given under sub-paragraph (4), during the period beginning with the conclusion of the proceedings described in paragraph 50(1) and ending with the time specified in the direction, the constituency returning officer shall—

• (a) place the ballot papers and other documents relating to each 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.

• (7) No person other than—

• (a) the constituency returning officer and his clerks,

• (b) the candidates and their wives or husbands,

• (c) the election agents,

• (d) the counting agents, or

• (f) in the case of a regional election, the regional returning officer,

may be present at the proceedings described in paragraph 50(1) or at the counting of the votes, unless permitted by the constituency returning officer.

• (8) A person not entitled to attend at the proceedings described in paragraph 50(1) or at the counting of the votes shall not be permitted to do so by the constituency returning officer unless he—

• (a) is satisfied that 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.

• (9) The constituency 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.

• (10) In particular, where the votes are counted by sorting the ballot papers according to—

• (a) a candidate for whom a vote is given in the case of a constituency election, or

• (b) an individual candidate or a registered political party for which a vote is given in the case of a regional election,

and then counting the number of ballot papers for each such candidate or party, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

50

• (1) Where voters have been entitled at an ordinary election to give two votes in an Assembly constituency, the constituency returning officer shall—

• (a) in the presence of the counting agents appointed for the purposes of each election open each ballot box and count and record separately the number of ballot papers in those boxes for each election,

• (b) in the presence of the election agents appointed for the purposes of each election verify each ballot paper account,

• (c) count such of the postal ballot papers as have been duly returned and record separately the number counted for each election, and

• (d) separate the ballot papers relating to each election.

• (2) The proceedings described in sub-paragraph (1) may be undertaken at a different place (or at different places) than a place at which the votes given on ballot papers are counted.

• (3) But if the power is so exercised, during the period beginning with the conclusion of the proceedings described in sub-paragraph (1) and ending with the commencement of proceedings described in sub-paragraph (4), the constituency returning officer shall—

• (a) place the ballot papers and other documents relating to each 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.

• (4) Subject to sub-paragraphs (2) and (3), following completion of the proceedings described in sub-paragraph (1) the constituency returning officer shall in respect of the ballot papers relating to each election mix together all the ballot papers used at that election and count the votes given on them.

• (5) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the proper envelope so as to reach the constituency returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

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

• (7) The constituency returning officer, while counting and recording the number of ballot papers and counting the votes, 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 constituency 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 appointed for the purposes of that election may copy; but where the power conferred by sub-paragraph (2) is exercised in respect of more than one place a statement shall be drawn up in respect of each such place.

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

• For the purposes of this exception the agreement of— in the case of a constituency election, a candidate or his election agent, or in the case of a regional election, an individual candidate or his election agent or the election agent for a group of party list candidates, shall be as effective as the agreement of his counting agents.

• (10) During the time so excluded the constituency 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.

• (11) Where sub-paragraph (1) does not apply—

• (a) sub-paragraph (12) shall apply in its place,

• (b) the references in sub-paragraphs (2) and (3) and in paragraph 49(1), (7) and (8) to sub-paragraph (1) shall be construed as references to sub-paragraph (12),

• (c) “each election” in sub-paragraph (3)(a) shall be construed as “the election”, and

• (d) sub-paragraph (13) shall apply in place of sub-paragraph (4) and the reference to sub-paragraph (4) in sub-paragraph (3) shall be construed as a reference to sub-paragraph (13).

• (12) The constituency returning officer shall—

• (a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in those boxes,

• (b) in the presence of the election agents verify each ballot paper account, and

• (c) count such of the postal ballot papers as have been duly returned and record the number counted.

• (13) Subject to sub-paragraphs (2) and (3), following completion of the proceedings described in sub-paragraph (12) the constituency returning officer shall count the votes given on the ballot papers after—

• (a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

• (b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

Re-count at a constituency election

51

• (1) At a constituency election a candidate or his election agent may, if present when the counting or any re-count of the votes is completed, require the constituency returning officer to have the votes re-counted or again re-counted but the constituency 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 votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this paragraph.

Re-count of electoral region votes in an Assembly constituency

52

• (1) At a regional election and prior to the certification required by paragraph 56(1)—

• (a) an individual candidate or his election agent,

• (b) a party list candidate or an election agent for a group of party list candidates, or

• (c) subject to sub-paragraphs (3) and (4), a counting agent for an individual candidate or a group of party list candidates,

may, if present when the counting or any re-count of the votes is completed in a constituency, require the constituency returning officer to have the votes re-counted or again re-counted but the constituency 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 votes until the candidates, election agents and counting agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this paragraph.

• (3) Where no candidate or election agent is present on the completion of the counting or any re-count of votes, the right conferred on that person by this paragraph (if he had been present) may be exercised by a counting agent referred to in sub-paragraph (1)(c) so present provided that the counting agent has been appointed for the purposes of this paragraph by a person who also has the right to appoint a counting agent and the requirements of sub-paragraph (4) are met; but not more than one such counting agent for the same individual candidate or group of party list candidates may be appointed for the purposes of this paragraph in relation to the same Assembly constituency.

• (4) Notice in writing of an appointment under sub-paragraph (3), stating the name and address of the person appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given at the same time as notice is given to that returning officer of that person’s appointment as counting agent under paragraph 35(5) or (6).

Rejected ballot papers

53

• (1) Any ballot paper at an Assembly election—

• (a) which does not bear the official mark,

• (b) on which more than one vote is given,

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

• (d) which is unmarked or void for uncertainty,

shall, subject to the provisions of sub-paragraph (2), be void and not counted.

• (2) A ballot paper on which the vote is marked—

• (a) elsewhere than in the proper place,

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

• (c) by more than one mark,

shall not for such reason be deemed to be void if an intention how the vote is to be given clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified by it.

• (3) At a regional election, a ballot paper on which a vote is marked for a particular party list candidate on the party list of a registered political party shall, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote marked for that party.

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

• (5) The constituency 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) giving more than one vote,

• (c) writing or mark by which voter could be identified, and

• (d) unmarked or void for uncertainty.

Decisions on ballot papers

54

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

Equality of votes at a constituency election

55

At a constituency election, where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the constituency returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Regional election: conveying results of count etc. to regional returning officer

56

• (1) At the conclusion of the count of ballot papers in an Assembly constituency at a regional election the constituency returning officer shall, in accordance with any directions given by the regional returning officer, certify—

• (a) the number of ballot papers counted by him and the total number of votes given for each individual candidate or registered political party, and

• (b) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, and

forthwith convey that information to the regional returning officer.

• (2) Where the regional returning officer has received the information required to be conveyed to him under sub-paragraph (1) from each constituency returning officer for an Assembly constituency in the Assembly electoral region, he shall certify the totals of the numbers referred to in sub-paragraph (1) for the electoral region.

• (3) After a constituency returning officer has conveyed to the regional returning officer the information required to be conveyed under sub-paragraph (1) he may give public notice of the information so conveyed (in such manner as he considers appropriate) unless sub-paragraph (4) applies.

• (4) The regional returning officer may direct that the constituency returning officer may only give the notice referred to in sub-paragraph (3) after the regional returning officer has given the notice that he is required to give under paragraph 59(1)(d).

PART IV — final proceedings in contested and uncontested elections

Declaration of result at a constituency election

57

• (1) At a contested constituency election, when the result of the poll has been ascertained, the constituency returning officer shall forthwith—

• (a) declare to be elected the candidate to whom the majority of votes has been given,

• (b) return his name and, if a certificate has been received by the constituency returning officer issued by the registered nominating officer of a registered political party under paragraph 5(1) in respect of the candidate, the name of the party to the Assembly in accordance with sub-paragraph (4),

• (c) give public notice of—

• (i) his name and, if applicable, the registered political party referred to in sub-paragraph (1)(b), and

• (ii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

• (2) At an uncontested constituency election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the constituency returning officer shall forthwith return his name and, if applicable, the name of the registered political party referred to in sub-paragraph (1)(b) to the Assembly in accordance with sub-paragraph (4).

• (3) Where sub-paragraph (1) or (2) applies at an ordinary election, the constituency returning officer shall forthwith also notify the regional returning officer for the Assembly electoral region in which the Assembly constituency is situated as to the name of the candidate who has been returned and, if applicable, the name of the registered political party referred to in sub-paragraph (1)(b); and where the name of a candidate and registered political party is so notified, the candidate is to be treated for the purposes of section 6(1)(b) of the 1998 Act as a candidate of the party.

• (4) For the purposes of sub-paragraph (1)(b) and (2) the constituency returning officer shall return those names required to be returned, by—

• (a) completing a certificate in the form set out in English and Welsh in the Appendix, and

• (b) delivering it, or causing it to be delivered, to the Assembly,

and a candidate shall be treated as having been returned as an Assembly member when his name is returned in accordance with this sub-paragraph.

• (5) But in relation to the first ordinary election the references in sub-paragraphs (1)(b), (2) and (4)(b) to the Assembly shall be construed as references to the Secretary of State.

Ascertainment of results at a contested regional election

58

• (1) At a contested regional election, the regional returning officer shall make arrangements for ascertaining the results of the poll in accordance with sections 5 to 7 of the 1998 Act as soon as practicable after he has—

• (a) given the certification required by paragraph 56(2), and

• (b) subject to paragraph 65(3), received the notification required by paragraph 57(3) from each constituency returning officer for an Assembly constituency in the Assembly electoral region.

• (2) At a contested regional election the regional returning officer shall give notice in writing to the election agents and to each constituency returning officer for an Assembly constituency in the Assembly electoral region for which the election is held of the place at which he will begin to ascertain the results of the poll (together with such other information as he considers appropriate).

• (3) No person other than—

• (a) the regional returning officer and his clerks,

• (b) the candidates,

• (c) the election agents, or

• (d) the constituency returning officer for any Assembly constituency in the Assembly electoral region for which the election is held,

may be present at the ascertainment of the results, unless permitted by the regional returning officer to attend.

• (4) A person not entitled to attend at the proceedings shall not be permitted to do so by the regional returning officer unless he—

• (a) is satisfied that the efficient ascertainment of the results will not be impeded, and

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

• (5) The regional returning officer shall give the election agents and candidates 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.

• (6) The regional returning officer shall provisionally ascertain the results of the poll and notify that provisional ascertainment to such of the following persons who are present, namely—

• (a) an individual candidate or his election agent, and

• (b) the election agent for a group of party list candidates or (in his absence) one of those candidates.

• (7) Where notification under sub-paragraph (6) has been given to any person, having been given a reasonable opportunity to do so, he may require the regional returning officer to provisionally ascertain those results again but the regional returning officer may refuse to do so if in his opinion the request is unreasonable.

• (8) Where the regional returning officer has provisionally ascertained the results again under sub-paragraph (7), sub-paragraphs (6) and (7) and this sub-paragraph shall apply to the further provisional ascertainment.

• (9) If in ascertaining the results of the poll the regional returning officer draws lots in the circumstances referred to in section 7(9) of the 1998 Act, he shall proceed as if the individual candidate or registered political party on whom the lot falls had received an additional vote.

• (10) Subject to sub-paragraphs (6) to (8), the regional returning officer shall be treated as having ascertained the results of the poll following a provisional ascertainment—

• (a) if there is no further provisional ascertainment, after the first one, or

• (b) if there is more than one provisional ascertainment, after the final one.

Declaration of results at a regional election

59

• (1) After the regional returning officer has ascertained the results of the poll, he shall forthwith—

• (a) announce the individual candidates or the registered political parties to whom seats have been allocated (together with the names of the party list candidates who are to fill such seats),

• (b) declare those individual or party list candidates to have been elected,

• (c) return the names of those persons to the Assembly (and, in respect of any party list candidate, the name of the registered political party for which he was such a candidate) in accordance with sub-paragraph (4), and

• (d) give public notice—

• (i) of the name of any individual candidate elected,

• (ii) of the name of any party list candidate elected (and the name of the registered political party for which he was such a candidate),

• (iii) of the total number of votes given for each individual candidate or registered political party together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, and

• (iv) in respect of the number of votes referred to in paragraph (iii), a breakdown of the number of votes given for each such candidate or party in each Assembly constituency in the Assembly electoral region.

• (2) At an ordinary election sub-paragraph (1)(a) to (c) and (d)(i) and (ii) shall also apply at an uncontested regional election after completion of the requirements imposed by paragraph 21(4).

• (3) At an uncontested regional election other than at an ordinary election, the statement of persons nominated, in addition to showing the persons standing nominated and the registered political parties which have submitted a party list shall also—

• (a) set out the individual candidates or the registered political parties to whom seats have been allocated (together with the names of the party list candidates who are to fill such seats), and

• (b) declare those individual or party list candidates to have been elected,

and the regional returning officer shall forthwith return the names of those persons to the Assembly (and, in respect of any party list candidate, the name of the registered political party for which he was such a candidate) in accordance with sub-paragraph (4).

• (4) For the purposes of sub-paragraphs (1)(c) and (3) the regional returning officer shall return those names required to be returned, by—

• (a) completing a certificate in the form set out in English and Welsh in the Appendix, and

• (b) delivering it, or causing it to be delivered, to the Assembly,

and a candidate shall be treated as having been returned as an Assembly member when his name is returned in accordance with this sub-paragraph.

• (5) But in relation to the first ordinary election of the Assembly the references in sub-paragraphs (1)(c), (3) and (4)(b) to the Assembly shall be construed as references to the Secretary of State.

Return or forfeiture of deposit

60

• (1) The deposit made at an Assembly election under paragraph 10 shall either be—

• (a) returned to the person making it or his personal representatives, in the case of a candidate at a constituency election or an individual candidate at a regional election,

• (b) returned to the registered nominating officer of a registered political party which has submitted a party list, in the case of regional election, or

• (c) forfeited to the Secretary of State.

• (2) Except in the cases mentioned below in this paragraph, the deposit shall be returned not later than the next day after that on which the result or results of the election are declared.

• (3) For the purposes of sub-paragraph (2)—

• (a) a day shall be disregarded if it would be disregarded under paragraph 2 in computing any period of time for the purposes of the timetable for the election, and

• (b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

• (4) If—

• (a) a candidate at a constituency election, or

• (b) an individual candidate or each and every candidate included on a party list at a regional election,

is not shown as standing nominated in the statement of persons nominated, or if notice of poll is countermanded or the poll is abandoned by reason of a candidate’s death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death.

• (5) Subject to sub-paragraph (4), the deposit shall be forfeited if a poll is taken and after the counting of the votes (including any re-count)—

• (a) a candidate in the case of a constituency election, or

• (b) an individual candidate or a registered political party in the case of a regional election,

is found not to have polled more than one-twentieth of the total number of votes polled by all the candidates or, as the case may be, all the individual candidates and registered political parties.

• (6) Notwithstanding anything in sub-paragraphs (2) to (5), if at an Assembly election a person is shown as standing nominated as—

• (a) a candidate at a constituency election, or

• (b) an individual or party list candidate at a regional election,

and by virtue of such nomination he is in breach of section 5(5) or (6) of the 1998 Act—

• (i) his deposit, or

• (ii) the deposit paid in respect of the group of party list candidates of which he is such a candidate,

shall be forfeited.

PART V — disposal of documents

Sealing up of ballot papers

61

• (1) On the completion of the counting at a contested Assembly election the constituency returning officer shall seal up in separate packets the counted and rejected ballot papers.

• (2) At an ordinary election packets sealed up under sub-paragraph (1) shall not contain ballot papers relating to different elections.

• (3) The constituency returning officer shall not open the sealed packets—

• (a) of tendered ballot papers,

• (b) of counterfoils,

• (c) of certificates as to employment on duty on the day of the poll, or

• (d) of marked copies of the register of electors and lists of proxies.

Delivery of documents to the Assembly

62

• (1) Where a constituency returning officer has conducted a count at an ordinary election for both a constituency and a regional election, he shall then forward to the Assembly the following documents—

• (a) the packets of ballot papers in his possession relating to the constituency election,

• (b) the packets of ballot papers in his possession relating to the regional election,

• (c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts relating to the constituency election,

• (d) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts relating to the regional election,

• (e) the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters relating to those elections,

• (f) the packets of counterfoils relating to the constituency election,

• (g) the packets of counterfoils relating to the regional election,

• (h) the packets of the certificates as to employment on duty on the day of the poll relating to those elections, and

• (i) the packets containing marked copies of registers and of lists of proxies relating to those elections,

endorsing on each packet—

• (i) a description of its contents,

• (ii) the date of the election or elections to which they relate,

• (iii) where the packet relates to the constituency election, the name of the Assembly constituency for which the election was held,

• (iv) where the packet relates to a regional election, the name of the Assembly electoral region for which the election was held and the name of the Assembly constituency in which the electoral region votes were given, and

• (v) where the packet relates to both elections, the name of the Assembly constituency and electoral region for which the elections were held.

• (2) Where a constituency returning officer has conducted a count at an Assembly election and sub-paragraph (1) does not apply, he shall then forward to the Assembly the following documents—

• (a) the packets of ballot papers in his possession,

• (b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

• (c) the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,

• (d) the packets of counterfoils,

• (e) the packets of the certificates as to employment on duty on the day of the poll, and

• (f) the packets containing marked copies of registers and of lists of proxies,

endorsing on each packet—

• (i) a description of its contents,

• (ii) the date of the election to which they relate,

• (iii) the name of the Assembly constituency or electoral region for which the election was held, and

• (iv) in the case of a regional election, the name of the Assembly constituency in which the electoral region votes were given.

• (3) The constituency returning officer may forward the documents either by delivering them himself or by his agent to the Assembly or by sending them by post.

• (4) If the constituency returning officer sends them by post—

• (a) he shall deliver the documents to the postmaster (or his deputy) of the principal post office of the Assembly constituency for which he is the returning officer,

• (b) the postmaster or his deputy shall—

• (i) give a receipt in respect of those documents to the constituency returning officer, and

• (ii) send the documents by the first post to the Assembly,

• (c) he shall send a letter to the Assembly by the same post, specifying the number and description of the documents so sent, and

• (d) a copy of the receipt given him by the postmaster or deputy postmaster shall be signed by him and retained by the postmaster or deputy postmaster.

• (5) On receipt of the documents by the Assembly a receipt shall be given to the person delivering them, and the receipt of those documents shall be registered in books kept for the purpose by the Assembly specifying the date and time of receipt.

• (6) Any receipt to be given for the documents shall show the date and time of their receipt.

Order for production of documents

63

• (1) An order—

• (a) for the inspection or production of any rejected ballot papers in the custody of the Assembly, or

• (b) for the opening of a sealed packet of counterfoils, a sealed packet of 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 Assembly,

may be made—

• (i) by the Assembly, or

• (ii) if 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, by the High Court or a county court.

• (2) An order for the opening of a sealed packet referred to in sub-paragraph (1)(b) or for the inspection of any counted ballot papers in the Assembly’s custody may be made by an election court.

• (3) An order under this paragraph may be made subject to such conditions as to—

• (a) persons,

• (b) time,

• (c) place and mode of inspection, or

• (d) production or opening,

as the Assembly or court making the order may think expedient; but in making and carrying into effect an order for the opening of a sealed packet referred to in sub-paragraph (1)(b) or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall 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 paragraph.

• (5) Any power given under this paragraph to the High Court or 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 Assembly of any document in its possession relating to any specified election—

• (a) the production by the Assembly of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election, and

• (b) any endorsement on any packet of ballot papers so produced shall 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 ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall 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 name in the register of electors the same number as the number written on the counterfoil.

• (8) Save as by this paragraph provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Assembly or to open any sealed packets referred to in sub-paragraph (1)(b).

Retention and public inspection of documents

64

• (1) The Assembly shall retain for a year all documents relating to an election forwarded to it in pursuance of this Schedule by a constituency returning officer and then, unless otherwise directed by order of the High Court, may cause them to be destroyed.

• (2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and subject to such conditions as may be sanctioned by the Assembly.

• (3) The Assembly shall, on request, supply copies of or extracts from the documents open to public inspection on payment of such fees and subject to such conditions as it may sanction.

PART VI — death of candidate

Countermand or abandonment of poll etc. on death of candidate

65

• (1) If at a contested constituency election proof is given to the constituency returning officer’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, then the constituency returning officer shall—

• (a) countermand notice of the poll, or

• (b) if polling has begun, direct that the poll be abandoned, and

• (c) in the case of an ordinary election, forthwith notify the regional returning officer for the Assembly electoral region in which the Assembly constituency is situated of the action that he has taken,

and all proceedings with reference to the election shall be commenced afresh in all respects as if publication of notice of election had been given 28 days after the day on which proof was given to the returning officer of the death.

• (2) Where sub-paragraph (1) applies, no fresh nominations shall be necessary in the case of a person shown in the statement of persons nominated as standing nominated.

• (3) Where at an ordinary election there is a contested regional election and the poll at a constituency election for an Assembly constituency in the Assembly electoral region is postponed in accordance with sub-paragraph (1), paragraph 58(1)(b) shall be satisfied when the regional returning officer has received the notification required by paragraph 57(3) in respect of each of the other Assembly constituencies in the Assembly electoral region (other than in respect of an Assembly constituency to which this sub-paragraph also applies).

• (4) Where sub-paragraph (3) applies, the subsequent election of a candidate for the Assembly constituency shall have no effect upon the validity of the election and return of any candidate at the regional election.

• (5) If at a contested regional election proof is given to the regional returning officer’s satisfaction before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper (whether as an individual or party list candidate) has died and as a result of that death the election becomes uncontested, then the regional returning officer shall—

• (a) countermand notice of the poll, or

• (b) if polling has begun, direct that the poll be abandoned, and

• (c) in either case, forthwith notify each constituency returning officer in the Assembly electoral region of the action that he has taken.