The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

Q. No.	Persons applying for ballot paper	Question
1	A person applying as an elector	(za) What is your name?(zb) What is your address?(a)—Are you the person registered in the register of local government electors for this election as follows ?read the whole entry from the register R—Have you already voted at this election for this parish (adding, in the case of an election for several wards, in this or any other ward)otherwise than as proxy for some other person? [R]
2	A person applying as proxy	(za) What is your name?(zb) What is your address?(a)—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.? R—Have you already voted at this election for this parish (adding in the case of an election for several wards,in this or any other ward)as proxy on behalf of C.D.? R Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” R If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” R If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)	(za) What is your name?(zb) What is your address?(a)—Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? R—Have you already voted as proxy on behalf of the elector whose number on the register of electors is (read out the number)? R Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” R If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” R If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
. . .	. . .	. . .
5	A person applying as an elector in relation to whom there is an entry in the postal voters list	(za) What is your name?(zb) What is your address?(a)—Did you apply to vote by post?(b)—Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	(za) What is your name?(zb) What is your address?(a)—Did you apply to vote by post as proxy?(b)—Why have you not voted by post as proxy?

• (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) and (b) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

• (2A) Where a clerk—

• (a) gives a person the required information (see paragraph (5)),

• (b) puts a question specified in paragraph (1) to the person, and

• (c) decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (3) Where the presiding officer—

• (a) gives a person the required information,

• (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

• (c) decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person (and see rule 39A (procedure where ballot paper is refused under this paragraph)).

• (3A) For the purposes of the rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

• (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors;

• (b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

• (3B) 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 to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

• (4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote).

• (5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

• (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

• (b) giving false information may be an offence.

Challenge of voter

34

A person must not be prevented from voting by reason only that—

• (a) a candidate or his 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

35

• (1) Subject to rule 33(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the number of the elector must be marked on the list mentioned in rule 26(4)(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 received but without showing the particular ballot paper which has been received;

• (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.

• (1A) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

• (1B) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

• (1C) Paragraph (1D) applies in relation to a voter where—

• (a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

• (b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document.

• (1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

• (1E) The presiding officer must refuse to deliver a ballot paper to a voter where—

• (a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

• (b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

• (1F) Paragraph (1E)(a) does not apply where—

• (a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

• (b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

• (1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

• (1H) In this rule, a “forged document” means a false document made to resemble a specified document.

• (1I) In this rule, a “specified document”—

• (a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of the parliamentary election rules;

• (b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

• (i) was issued by the registration officer for the local authority in whose area the election is held, and

• (ii) contains the number—

• (aa) allocated to the voter as stated in the copy of the register of electors, or

• (bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

• (1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

• (1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

• (1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

• (1M) References in this rule to producing a document are to producing it for inspection.

• (2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ....

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 fold it up so as to conceal his vote, 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 so folded up into the ballot box in the presiding officer's presence.

• (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) The same copy of the register of electors or, where paragraph (3) applies, the same copy of the notice issued under section 13(3B) or (3D) of the 1983 Act, which is used under paragraph (1) for the parish ... election may be used for each relevant election or referendum—

• (a) and one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been issued in respect of each election or referendum;

• (b) but where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the register or, as the case may be, on that notice or in that list so as to identify each election or referendum in respect of which a ballot paper was issued.

• (7) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purposes of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

Votes marked by presiding officer

36

• (1) Subject to paragraph (1A), 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.

• (1A) Paragraphs (1A) to (1M) of rule 35 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 35(1), but as if—

• (a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

• (b) in rule 35(1G), the reference to paragraph (1) of rule 35 were to paragraph (1) of this rule.

• (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 shall 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, 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) The same list may be used for the parish ... election and each relevant election or referendum 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 or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

37

• (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) Subject to paragraph (2A), 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.

• (2A) Paragraphs (1A) to (1M) of rule 35 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 35(1), but as if—

• (a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

• (b) in rule 35(1G), the reference to paragraph (1) of rule 35 were to paragraph (1) of this rule.

• (3) For the purposes of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.

• (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”).

Tendered ballot papers: circumstances where available

38

• (1) If a person, 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 rule and rule 39, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

• (2) Paragraph (4) applies if—

• (a) a person applies for a ballot paper representing himself to be a particular elector named on the register,

• (b) he is also named in the postal voters list, and

• (c) he claims that he did not make an application to vote by post at the election.

• (3) Paragraph (4) also applies if—

• (a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

• (b) he is also named in the proxy postal voters list, and

• (c) he claims that he did not make an application to vote by post as proxy.

• (4) The person shall, 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 39, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

• (5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

• (a) a particular elector named on the register who is also named in the postal voters list, or

• (b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and he claims that he has lost or has not received his postal ballot paper.

• (6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 39, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

• (7) Paragraphs (1A) to (1M) of rule 35 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 35(1), but as if, in rule 35(1G) the reference to making a further application under paragraph (1) of rule 35 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

Tendered ballot papers: general provisions

39

• (1) A tendered ballot paper must—

• (a) be of a colour differing from the other ballot papers;

• (b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

• (2) The name of the voter and his number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

• (3) The same list may be used for the parish ... election and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

• (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) In the case of an elector who has an anonymous entry, this rule and rule 38 apply subject to the following modifications—

• (a) in paragraphs (1)(b) and (2) of this rule, the references to the name of the voter shall be ignored;

• (b) otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears on the register or list (as the case may be).

• (6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 38 shall apply as if—

• (a) in rule 38(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;

• (b) in paragraph (1)(b) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;

• (c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

Spoilt ballot papers

40

A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of poll

41

• (1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

• (2) The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.

Adjournment of poll in case of riot

42

• (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

• (2) Where the poll is adjourned at any polling station—

• (a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

• (b) references in these Rules to the close of the poll shall be construed accordingly.

Procedure on close of poll

43

• (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents appointed for the purposes of the parish ... election and those appointed for the purposes of each relevant election or referendum, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

• (a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached,

• (b) the unused and spoilt ballot papers placed together,

• (c) the tendered ballot papers,

• (d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,

• (da) the ballot paper refusal list completed in accordance with rule 39A,

• (e) the lists prepared under rule 17 including the parts which were completed in accordance with rule 35(1)(b) and (d) (together referred to in these Rules as “the completed corresponding number lists”),

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

• (g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 41 (correction of errors on day of poll), and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer's approval.

• (2) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election or referendum; nor shall the statement prepared under paragraph (5) be so combined.

• (3) References to the returning officer in paragraph (1) are references to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

• (4) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

• (5) The packets must be accompanied by a statement (in these Rules 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.

CHAPTER 4 — Counting of Votes

Attendance at counting of votes

44

• (1) Where the returning officer at the parish ... election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

• (a) make arrangements for—

• (i) discharging the functions under rule 45(1) in the presence of the counting agents appointed for the purposes of the parish ... election and those appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll, and

• (ii) thereafter counting the votes at that election in the presence of the agents appointed for the purpose of that election; and

• (b) give to the counting agents appointed for the purposes of the parish ... election and those appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he will begin to discharge the functions under rule 45(1).

• (2) Where the returning officer at the parish ... election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

• (a) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions; and

• (b) give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.

• (3) No person other than—

• (a) the returning officer and his clerks,

• (b) the candidates and one other person chosen by each of them,

• (c) the election agents (if appointed),

• (d) the counting agents,

• (e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes under paragraphs (4) to (12) of rule 45, unless permitted by the returning officer to attend.

• (4) No person other than a person entitled to be present at the counting of the votes at the parish ... election under paragraphs (4) to (12) of rule 45 or at a relevant election or referendum may be present at the proceedings under rule 45(1), unless permitted by the returning officer to attend.

• (5) A person not entitled to attend at the proceedings under rule 45(1) or the counting of the votes shall not be permitted to do so by the returning officer unless he—

• (a) is satisfied that the efficient separation of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded; and

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

• (6) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

• (7) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

45

• (1) Where the returning officer at the parish ... election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

• (a) in the presence of the counting agents appointed for the purposes of the poll at the parish ... election and each relevant election or referendum open each ballot box and record separately the number of ballot papers used in each election;

• (b) in the presence of the counting agents appointed for the purposes of the poll at the parish ... election and the election agents appointed for the purposes of the poll at each relevant election or referendum, verify each ballot paper account;

• (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the poll at the parish ... election and each relevant election or referendum;

• (d) separate the ballot papers relating to the parish ... election from the ballot papers relating to each relevant election or referendum;

• (e) make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;

• (f) deliver or cause to be delivered to the returning officer for the relevant election or referendum to which the ballot papers relate—

• (i) those containers, together with a list of them and of the contents of each; and

• (ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and

• (g) at the same time deliver or cause to be delivered to that officer packets that so relate containing—

• (i) the unused and spoilt ballot papers,

• (ii) the tendered ballot papers, and

• (iii) the certificates as to employment on duty on the day of the poll.

• (2) Where separate ballot boxes are used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.

• (3) After completion of the proceedings under paragraph (1), the returning officer must mix together all of the ballot papers used at the parish ... election and count the votes given on them.

• (4) Where the returning officer at the parish ... election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

• (a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 44(2)(b), in the presence of the counting agents open each container;

• (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001 or under that regulation as applied by regulations made under section 9HE, 9MG, 44 or 45, whether or not in addition to 105 of the Local Government Act 2000 , count such of the postal ballot papers as have been duly returned and record the number counted; and

• (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,

and paragraph (10) shall not apply to these proceedings.

• (5) A postal ballot paper must not be taken to be duly returned unless—

• (a) it is returned in the manner set out in paragraph (6) and reaches the returning officer or any polling station in the appropriate electoral area (as defined in paragraph (7)) before the close of the poll;

• (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches him or such a polling station before that time;

• (c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be); ...

• (d) in a case where steps for verifying the date of birth and signature of the voter have been prescribed by regulations made under the 1983 Act , the returning officer (having taken such steps) verifies the date of birth and signature of the voter; and

• (e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

• (6) The manner in which any postal ballot paper or postal voting statement may be returned—

• (a) to the returning officer, is by hand or by post; and

• (b) to a polling station, is by hand.

• (6A) A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

• (7) The appropriate electoral area in respect of any voter shall be—

• (a) the area which is common to the parliamentary constituency , electoral area, ... local authority area or voting area (as the case may be) in which the polls at the parish ... election and any relevant election or referendum are being taken together; and

• (b) in respect of which polls the postal voter has been issued with a ballot paper.

• (8) The returning officer must not count any tendered ballot papers.

• (9) The returning officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

• (10) The returning officer must 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 must draw up a statement as to the result of the verification, which any election agent (if appointed) may copy.

• (11) The returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

• (12) During the time so excluded the returning officer must—

• (a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

• (b) otherwise take proper precautions for the security of the papers and documents.

Re-count

46

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

Rejected ballot papers

47

• (1) Any ballot paper—

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

• (b) on which votes are given for more candidates than the voter is entitled to vote for, or

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

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

shall, subject to paragraphs (2) and (3), be void and not counted.

• (2) Where the voter is entitled to vote for more than one candidate, a ballot paper shall not be deemed to be void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.

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

• (a) elsewhere than in the proper place, or

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

• (c) by more than one mark,

shall not for such reason be deemed to be void (either wholly or as respects that vote) if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

• (4) The returning officer must—

• (a) endorse the word “rejected” on any ballot paper which under this rule is not to be counted; and

• (b) in the case of a ballot paper on which any vote is counted under paragraph (2), endorse the words “rejected in part” on the ballot paper and indicate which vote or votes have been counted,

and must add to the endorsement the words “rejection objected to” if any objection is made by a counting agent to his decision.

• (5) The returning officer must draw up a statement showing the number of ballot papers rejected, including those rejected in part, under the several heads of—

• (a) want of official mark;

• (b) voting for more candidates than the voter is entitled to;

• (c) writing or mark by which the voter could be identified;

• (d) unmarked or void for uncertainty,

and the statement must record the number of ballot papers rejected in part.

Decisions on ballot papers

48

The decision of the returning officer 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

49

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 returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

PART 4 — Final Proceedings in Contested and Uncontested Elections

Declaration of result

50

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

• (a) declare to be elected the candidate or candidates to whom more votes have been given than to the other candidates, up to the number of councillors to be elected;

• (b) give notice of the name of each candidate to whom sub-paragraph (a) applies to—

• (i) the proper officer of the parish ... council, and

• (ii) the proper officer of the council of the district in which the parish is situate ...; and

• (c) give public notice of the name of each candidate elected and of the total number of votes given for each candidate (whether elected or not) together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

• (2) In an uncontested election, the returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

• (a) declare to be elected the person or persons remaining validly nominated;

• (b) give notice of the name of each person to whom sub-paragraph (a) applies to—

• (i) the proper officer of the parish ... council, and

• (ii) the proper officer of the council of the district in which the parish is situate ...; and

• (c) give public notice of the name of each such person.

PART 5 — Disposal of Documents

Sealing up of ballot papers

51

• (1) On the completion of the counting at a contested election the returning officer must seal up in separate packets the counted and rejected ballot papers, including ballot papers rejected in part.

• (2) The returning officer must not open the sealed packets of—

• (a) tendered ballot papers, or

• (aa) the completed ballot paper refusal list, or

• (b) certificates as to employment on duty on the day of the poll.

• (3) Where the returning officer discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, he must also not open the sealed packets of—

• (a) the completed corresponding number lists, or

• (b) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery of documents to relevant registration officer

52

• (1) The returning officer must then forward to the relevant registration officer 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 voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 41 and the declarations made by the companions of voters with disabilities,

• (ca) the packet containing the completed ballot paper refusal list,

• (d) the packets of the completed corresponding number lists,

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

• (f) 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.

• (2) At an election where the returning officer does not discharge the functions referred to in regulation 5 of the Combination of Polls Regulations, paragraph (1) shall have effect as if sub-paragraphs (c), (d) and (e) were omitted.

• (3) In this rule and in rules 53, 54 and 55 references to the relevant registration officer are to—

• (a) the registration officer of the local authority in whose area the election is held and in which the parish ... is situate;

• (b) if the electoral area for the relevant election or referendum comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered;

• (c) if the returning officer discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the registration officer of the local authority in whose area the parish ... election is held and in which the parish ... is situate.

Orders for production of documents

53

• (1) An order—

• (a) for the inspection or production of any rejected ballot papers, including ballot papers rejected in part, in the custody of the relevant registration officer, or

• (b) for the opening of a sealed packet of the 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 his custody,

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.

• (1A) An order—

• (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

• (b) for the inspection or production of that list,

may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition.

• (2) An order for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.

• (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 may think expedient; but in making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll 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 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 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 possession relating to any specified election—

• (a) the production by him or his agent 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) a ballot paper purporting to have been used at any election, and

• (b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in subparagraph (b) of this paragraph.

• (8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

54

The relevant registration officer must retain for one year all documents relating to an election forwarded to him in pursuance of these Rules by a returning officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.

PART 6 — Death of Candidate

Countermand or abandonment of poll on death of a candidate

55

• (1) If at a contested election proof is given to the 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 returning officer must countermand notice of the poll or, if polling has begun, direct that the poll be abandoned, and the provisions of subsections (1) and (5) of section 39 of the 1983 Act apply in respect of any vacancy which remains unfilled.

• (2) Neither the countermand of the poll at the parish ... election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.

• (3) Where the poll at the parish ... election is abandoned by reason of a candidate's death, no further ballot papers shall be issued.

• (4) At the close of the poll at each relevant election or referendum the presiding officer must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parish ... election had not been abandoned.

• (5) The returning officer must dispose of ballot papers used at the parish ... election (at which a candidate has died) as he is required to do on the completion in due course of the counting of the votes, subject to paragraphs (6) and (7).

• (6) It is not necessary for any ballot paper account at that election to be prepared or verified.

• (7) Having separated the ballot papers relating to each relevant election or referendum, the returning officer must take no step or further step for the counting of the ballot papers used at the parish ... election (at which a candidate has died) or of the votes cast at that parish ... election.

• (8) The returning officer must seal up all the ballot papers used at the parish ... election (whether the votes on them have been counted or not) and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

• (9) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents by the relevant registration officer relating to a poll at a parish ... election apply to any such documents relating to a poll abandoned by reason of a candidate's death subject to paragraphs (10) and (11).

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

• (11) No order is to be made for—

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

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

PART 7 — Appendix of Forms

• Note–The forms contained in this Appendix may be adapted so far as circumstances require.—

• Form of Nomination Paper

• Form of Candidate's Consent to Nomination

• Form of Front of Ballot Paper

• Form of Back of Ballot Paper

• Directions as to Printing the Ballot Paper

• Corresponding Number List M1

• Corresponding Number List M2

• Form of Postal Voting Statement (for use where there is a joint issue and receipt of postal voting papers)

• Form of Postal Voting Statement (for use when a parish ... poll is combined with another poll but the postal ballot papers are not combined)

• Official Poll Card (to be sent to an elector voting in person)

• Official Postal Poll Card (to be sent to an elector voting by post)

• Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

• Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

• Ballot Paper Refusal List

• Form of directions for the guidance of the voters in voting

• Form of Certificate of Employment

• Form of declaration to be made by the companion of a voter with disabilities

SCHEDULE 4

Signed

Signed by authority of the Secretary of State,

Bridget Prentice — Parliamentary Under Secretary of State — 2006-12-12

Explanatory note

(This note is not part of the Rules)

Footnotes

1

• (1) These Rules may be cited as The Local Elections (Parishes and Communities) (England and Wales) Rules 2006.

• (2) These Rules come into force on 2 January 2007 except for the purposes of an election if the last date for the publication of the notice of election for that election was, or will be, prior to 27 March 2007.

• (3) These Rules do not extend to Scotland or Northern Ireland.

• (4) Subject to paragraph (2), the Rules specified in Schedule 1 to these Rules are revoked.

2

• (1) In these Rules,

• “1983 Act” means the Representation of the People Act 1983;

• “anonymous elector’s document” has the same meaning as in regulation 3(1) of the Voter Identification Regulations 2022;

• “the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;

• “combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;