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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Type Statutory-Instrument

Publication 2007-03-26

Last updated 2024-12-04

State In force

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(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.

Rejected ballot papers

48

(1) Any ballot paper—

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

(b) on which more than one first preference vote is given, 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 as to the first preference vote,

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

(2) 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

shall not for such reason be deemed to be void if—

(i) at an election at which more than two candidates remain validly nominated, an intention that a vote shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears; or

(ii) at any other election, an intention that a vote shall be for one only of the candidates clearly appears,

and (in either case) the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

(3) A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) shall be valid as respects that vote, and counted accordingly.

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

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

(a) want of official mark;

(b) voting for more than one candidate as to the first preference vote;

(d) unmarked or void for uncertainty as to the first preference vote.

(6) In the case of an election where only two candidates remain validly nominated, this rule is to apply as if—

(a) in paragraph (1)(b), for “first preference vote” there were substituted “vote”;

(b) in paragraphs (1)(d), (5)(b) and (d), the words “as to the first preference vote” were omitted;

(7) This rule applies to a mayoral election in England as if—

(a) in paragraph (1)(b) “first preference” were omitted;

(b) in paragraph (1)(d) “as to the first preference vote” were omitted;

(d) in paragraph (2)(ii) “at any other election,” were omitted;

(e) in paragraph (2) after sub-paragraph (ii) the words “(in either case)” were omitted;

(f) paragraph (3) were omitted;

(g) in paragraph (5)(b) and (d) “as to the first preference vote” in both places were omitted;

(h) paragraph (6) were omitted.

Decisions on ballot papers

49

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.

Re-count

50

(1) A candidate or his election agent may, if present when the counting or any re-count of the votes or, as the case may be, the first preference votes at a mayoral election in Wales, 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, or as the case may be, the first preference votes at a mayoral election in Wales, until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Procedure at conclusion of first count

51

(1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer must draw up a statement showing—

(a) the total number of ballot papers used;

(b) the total number of rejected ballot papers;

(i) the number of first preference votes given for each candidate; and

(ii) the total number of first preference votes given; and

(d) at an election contested by only two candidates, the number of votes given for each candidate.

(2) As soon as practicable after completion of the statement, the returning officer must—

(a) inform such of the candidates and their election agents as are then present of the contents of the statements prepared in accordance with rule 48(5) and paragraph (1) of this rule; and

(b) give public notice of the contents of those statements.

(3) Where an election is contested by more than two candidates, the returning officer must—

(a) if paragraph 2 of Schedule 2 to the 2000 Act applies (candidate with overall majority of first preference votes), make the declaration required by rule 54(1); or

(b) if paragraph 3 of that Schedule applies, count the second preference votes at the time and place notified in writing to the counting agents.

(4) Where—

(a) an election is contested by only two candidates; and

(b) the total number of votes for each of them is unequal,

the person to be returned as the elected mayor is the candidate to whom the majority of the votes is given.

(5) Where—

(a) an election is contested by only two candidates; and

(b) the total number of votes given for each of them is equal,

the returning officer shall decide by lot which of them is to be returned as the elected mayor.

(6) In a case to which paragraph (4) or (5) applies, the declaration of the person to be returned as the elected mayor shall be made in accordance with rule 54.

(7) This rule applies to a mayoral election in England as if—

(a) in the heading “first” were omitted;

(b) for paragraph (1) there were substituted—

(1) As soon as practicable after the conclusion of the count (including any re-count), the returning officer must draw up a statement showing— (a) the total number of ballot papers used, (b) the total number of rejected ballot papers, and (c) the number of votes given for each candidate.

(3) Where the total number of votes cast for each candidate is unequal, the person to be returned as the elected mayor is the candidate to whom the majority of the votes is given. (4) 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 returned as the elected mayor, 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. (5) The declaration of the person to be returned as the elected mayor shall be made in accordance with rule 54.

PART 5 — Mayoral elections in Wales — Further provision: more than two candidates

The count of second preference votes

52

(1) The returning officer must count the number of second preference votes for each of the candidates remaining in the contest given by voters who did not give their first preference vote to any of those candidates.

(2) A ballot paper which is not otherwise void and on which not more than one second preference vote is marked shall be valid as respects that vote and shall be counted accordingly if, but only if, a valid first preference vote has also been marked.

(3) Rules 46(2) to (5), 47(6), (7), (9) and (10), 48 (except paragraph (3)) and 50 (except the words “the votes, or as the case may be,” in both paragraphs where they appear) shall apply in relation to the count of second preference votes as they apply in relation to the count of first preference votes as if references to first preference votes were references to second preference votes.

(4) The returning officer shall not be required to re-examine any decision taken under rule 49.

The calculation of total votes and resolution of equality —mayoral elections in Wales

53

(1) The returning officer must comply with paragraph 3(6) of Schedule 2 to the 2000 Act.

(2) The returning officer must then draw up a statement showing—

(a) the total number of first preference votes given for each candidate,

(b) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes,

(d) the number of ballot papers that were—

(i) valid as respects a first preference vote given for a candidate who did not remain in the contest after the count of the first preference votes; and

(ii) rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.

(3) As soon as practicable after completion of the statement, the returning officer must provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the statement, and shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(4) If, after the second preference votes have been counted, the total number of votes given for two or more candidates remaining in the contest is equal, the person to be returned as the elected mayor is the person whom the returning officer decides, in accordance with paragraph 3(8) of Schedule 2 to the 2000 Act, is to be returned as the elected mayor.

PART 6 — Final proceedings in contested and uncontested elections

Declaration of result

54

(1) The returning officer must declare the elected mayor to be the candidate who, in accordance with section 9HC(2) or (3) or section 42(2) or (3) of the 2000 Act or, as the case may be, Schedule 2 to that Act, is to be returned as the elected mayor at that election.

(2) The returning officer must give public notice of—

(a) the name of the successful candidate,

(b) the total number of votes or, at a mayoral election in Wales, first preference votes, given for each candidate,

(c) the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers (rule 48(5)), and

(d) at a mayoral election in Wales if second preference votes were counted—

(i) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes, and

(ii) the number of ballot papers rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.

(3) 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 remaining validly nominated;

(b) give public notice of the name of the person declared to be elected.

(4) The returning officer must inform the proper officer of the local authority concerned of the result of the election.

Return or forfeiture of candidate’s deposit

55

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 of these Rules shall be returned to the person making it or his personal representative.

(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day shall be disregarded if it would be disregarded under rule 4 in computing any period of time for the purpose of the timetable for a mayoral 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 the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the returning officer before the conclusion of the first count, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where a poll is taken, if, after the conclusion of the first count, the candidate is found not to have polled more than one-twentieth of the total number of votes or, at a mayoral election in Wales, first preference votes votes polled by all the candidates, the deposit shall be forfeited to the local authority of the electoral areas concerned.

PART 7 — Disposal of documents

Sealing up of ballot papers

56

(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,

(aa) in the case of a mayoral election held in England, the completed ballot paper refusal list,

(b) the completed corresponding number lists,

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

Delivery and retention of documents

57

The returning officer must then forward to the relevant registration officer of the local authority concerned 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 43 and the declarations made by the companions of voters with disabilities,

(ca) in the case of a mayoral election held in England, 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,

(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,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the electoral area for which the election was held.

Orders for production of documents

58

(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 for 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 relating to a mayoral election held in England.

(2) An order for the opening of a sealed packet of 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,

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of completed corresponding number lists or of 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.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) 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.

(8) 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 sub-paragraph (b) of this paragraph.

(9) 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 completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

59

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 8 — Death of candidate

Countermand or abandonment of poll on death of a candidate

60

(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[^f00030] apply in respect of any vacancy which remains unfilled.

(2) Subject to paragraph (4), where the poll is abandoned by reason of a candidate’s death no further ballot papers shall be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he is required to take on the close of the poll in due course.

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

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

(5) The returning officer must seal up all the ballot papers, whether the votes on them have been counted or not, and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(6) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate’s death subject to paragraphs (7) and (8).

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

(8) No order is to be made for—

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

unless the order is made by a court with reference to a prosecution.

SCHEDULE 2 — Modifications of Acts and Statutory Instrument

Table 1	Table 1
The Representation of the People Act 1983	The Representation of the People Act 1983
(1)Provision	(2)Modification
Section 31 (polling districts and stations at local government elections)[^f00031]	In subsection (1)—after “county councillors” insert “or elected mayors of county councils,” andafter “district councillors”, insert “or elected mayors of London borough or district councils”.In subsection (1A), after “county borough councillors”, insert “or elected mayors of county or county borough councils,”.
Section 35 (returning officers: local elections in England and Wales)[^f00032]	In subsection (1)—after “councillors of the county”, insert “and elected mayors of the county council”; andafter “councillors of the district”, insert “and elected mayors of the district council”.
	In subsection (1A), in paragraph (a), after “councillors of the county or county borough”, insert “and elected mayors of the county or county borough council”.
	In subsection (3), after “London borough councillors”, insert “or the election of an elected mayor of a London borough council”.

Section 36 (local elections in England)	In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”.In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”.In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”.In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.
Section 39 (local elections void etc in England and Wales)	In subsection (2), after “other reason”, insert “a mayoral election or”.In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”.In subsection (6), in paragraph (a)—in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, andomit “, or, as the case may be, the district council, or Welsh county or county borough council,”.
Section 40 (timing as to local elections in England and Wales)[^f00035]	In subsection (1), after “the 1999 Act”, insert “or regulations under section 9HE or 44 of the 2000 Act”.
	In subsection (2), after “the 1999 Act” insert “and (in the case of a mayoral election) regulations under section 9HE or 44 of the 2000 Act”.
	In subsection (3)—after “section 36 above”, insert “or regulations under section 9HE or 44 of the 2000 Act”; andafter “such rules” (in both places) and “those rules”, insert “or regulations (as the case may be)”.
. . .	. .

Section 47 (loan of equipment for local elections)[^f00037]	In subsection (2)—omit paragraph (b); andfor “those Acts”, substitute “that Act or Part 1A or Part II of the 2000 Act”.
Section 48 (validity of local elections and legal costs)	In subsection (1), after “section 42 above”, insert “or regulations under section 9HE or 44 of the 2000 Act”.
Section 50 (effect of misdescription)	In paragraph (c)—after “this Part of this Act”, insert “(as applied for the purposes of mayoral elections), and regulations under section 9HE or 44 of the 2000 Act”; andomit “and the parliamentary elections rules,”.
Section 52 (discharge of registration duties)[^f00038]	In subsections (1) and (4), after “this Act”, insert “(including any such functions in relation to mayoral elections)”.
Section 54 (payment of expenses of registration)[^f00039]	In subsection (1) after “this Act”, at the first place where these words appear, insert “(including any such functions in relation to mayoral elections)”.
Section 59A (reports on voter identification requirements in Great Britain)	After subsection (5) insert—5AWhere this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the mayoral election corresponding requirements on applications made under the provisions of rules made under section 9HE of the Local Government Act 2000 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.5BSubsection (5A) applies in respect of an election of a local authority mayor where—athe day of poll for that election is the same day as the poll for the ordinary elections of councillors described in subsection (4),bthe election relates to a local government area to which the duty in subsection (4) otherwise applies, andcthe timing of that election is determined in accordance with regulations 3, 4 or 7 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (timing of elections of mayors other than elections resulting from casual vacancies).5CIn subsection (5A), “mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to mayoral elections in England by virtue of rules made under section 9HE of the Local Government Act 2000..In subsection (6), after paragraph (b) insert—cin the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules made under section 9HE of the Local Government Act 2000 corresponding to rule 40B of the parliamentary elections rules.
Section 61 (other voting offences)[^f00040]	In subsection (2), in paragraph (a)—in sub-paragraph (ii), after “councillors” insert “or a mayoral election”; andin sub-paragraph (iii), after “ordinary election”, insert “or mayoral election”.In subsection (3) in paragraph (a) (ii) after “councillors”, insert “or at a mayoral election”.In subsection (6A)[^f00041], for “rule 40 (1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40 (4) or (6) of the Mayoral Elections Rules”.
Section 67 (appointment of election agent)[^f00042]	In subsection (2)—after “this Act”, where it first appears, insert “or, in the case of a mayoral election, such of the provisions of this Act as are applied by regulations under section 9HE or 44 of the 2000 Act,”; andafter “this Act”, in the second place, insert “or, in the case of a mayoral election, any applicable provision of this Act,”.
Section 76 (limitation of election expenses)[^f00043]	For subsection (2) substitute—2That maximum amount is—afor mayoral elections in England, £3,040 together with an additional 8p for every entry in the register of electors to be used at the election;bfor mayoral elections in Wales, £2,362 together with an additional 5.9p for every entry in the register of electors to be used at the election..
Section 85 (penalty for “sitting or voting” where no return and declarations transmitted)[^f00044]	Omit subsection (2).
Section 85A (disqualification where no return and declarations transmitted after election of Mayor of London)[^f00045]	In subsection (1)—for “an election of the Mayor of London” substitute “a mayoral election”; andfor “Mayor of London”, in the second place, substitute “elected mayor”.
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission).	In subsection (1) after paragraph (b) insert “or, (c) a mayoral election”.
Section 94 (imitation of poll cards)[^f00046]	In subsection (2)—after “section 36” insert “above, or regulations made under section 44 of the 2000 Act”; andafter “the rules”, insert “or, as the case may be, the regulations”.
Section 96 (schools and rooms for local election meetings)[^f00047]	In subsection (1), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.
Section 97 (disturbances at election meetings)[^f00048]	In subsection (2), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.
Section 99 (officials not to act for candidates)	In subsection (1), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.
Section 118A (meaning of candidate)[^f00049]	In subsection (3), after “local government Act”, insert “or at an election for a mayor under the 2000 Act”.
Section 199B (translation of certain documents)[^f00050]	In subsection (6), insert after paragraph (b)— ba “In the case of a mayoral election in Wales in the case of an election for a mayor under the 2000 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only” if there are only two candidates, or the words “Vote once (x) in column 1 for your first choice, and Vote once (x) in column 2 for your second choice” if there are more than two candidates;”..
Section 203 (local government provisions as to England and Wales)[^f00051]	In subsection (1)—after the definition of “the 1999 Act”, insert, ““the 2000 Act” means the Local Government Act 2000;”in the definition of “local government election”, at the end of paragraph (b), insert “or (c) any mayoral election;” andafter the definition of “London member”, insert—“mayoral election” means the election of an elected mayor under Part 1A or Part II of the 2000 Act..
	In subsection (1A), at the end, insert “or a mayoral election”.
	In subsection (2), in paragraph (b), after “Authority elections”, insert “or mayoral elections”.
Table 2	Table 2
The Representation of the People Act 1985[^f00052]	The Representation of the People Act 1985[^f00052]

Section 15 (combination of polls at parliamentary ... and local elections)	In subsection (1), at the end of paragraph (b), insert— or,da mayoral election and an election of one or more of the descriptions specified in paragraph (b),.
	Omit subsection (5).
Table 3	Table 3
The Representation of the People Act 2000[^f00054]	The Representation of the People Act 2000[^f00054]
Section 10 (pilot schemes for local elections in England and Wales)	In subsection (2), for “Representation of the People Acts” substitute “Local Government Act 2000”.
	In subsection (7), in paragraph (a) for “Representation of the People Acts” substitute “Local Government Act 2000”.
Section 11 (revision of procedures in the light of pilot schemes)	In subsection (6) for “Rules made under section 36 of the 1983 Act (local election in England and Wales)” substitute “Regulations made under section 9HE or 44 (power to make provision about elections) of the Local Government Act 2000”.
Schedule 4 (absent voting in Great Britain)	In paragraph 1, in sub-paragraph (1)—in the definition of “the appropriate rules”, at the end of paragraph (b), insert “and (c) in the case of a mayoral election, the Mayoral Elections Rules, within the meaning of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007”;in the definition of “local government election”, at the end insert “and includes a mayoral election”; andafter that definition, insert the following definition—“mayoral election” means an election under regulations under section 9HE or 44 of the Local Government Act 2000;.
	In paragraph 2, in sub-paragraph (6A)[^f00055] for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.
	In paragraph 7, in sub-paragraph (10)[^f00056] for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.
Table 4	Table 4
The Representation of The People (England and Wales) Regulations 2001[^f00057]	The Representation of The People (England and Wales) Regulations 2001[^f00057]
Regulation 3 (interpretation)	At the end of paragraph (2)(b) insert—, orcthe corresponding rule in the regulations made under section 44 of the 2000 Act in the case of a mayoral election..At the end of paragraph (4), insert—5A reference in these Regulations to a local government election shall, except in paragraph (2)(b) above, include a mayoral election under Part 1A or Part 2 of the 2000 Act.
Regulation 50 (interpretation of Part 4)	At the end of the definition of “Schedule 4” insert “as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.”
Regulation 64 (interpretation of Part 5)	At the appropriate place, insert—“candidates” includes a candidate at a mayoral election under Part 1A or Part 2 of the 2000 Act;”.
Regulation 65 (combination of polls)	In paragraph (1), after sub-paragraph (b) insert— , orcsubsection (3), (3AB) or (3AC), as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007,.
Regulation 82A (postal voting documents handed in to the returning officer)	In paragraph (1), in sub-paragraph (b), after paragraph (i) insert—“(ia) rule 47(5)(a) of the Mayoral Elections rules.”.
Table 5	Table 5
The Electoral Administration Act 2006	The Electoral Administration Act 2006

Section 32 (photographs on ballot papers: piloting)	In subsection (10)—in paragraph (a) in the definition of “local government election” at the end insert “and includes a mayoral election under regulations made under section 44 of the Local Government Act 2000”;for paragraph (b) substitute—ba reference to the area of a local authority means a county, county borough, London borough or district..
Section 44 (access to other election documents: supplementary)	In paragraph (12), at the end insert “subject to modifications made by regulations made under section 44 of the 2000 Act.”.
Section 69 (encouraging electoral participation)	In paragraph (9) at the end, insert—gmayoral elections under regulations made under section 44 of the 2000 Act..

SCHEDULE 3 — Mayoral Election (Combination of Polls) Rules

PART 1 — General provisions

Citation

1

These Rules may be cited as the Mayoral Elections (Combination of Polls) Rules.

Interpretation

2

(1) In these Rules, unless the context indicates otherwise—

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

“the Appendix” means the Appendix to these Rules;

“Assembly constituency” shall have the meaning as in section 2(4) and (5) of the Greater London Authority Act 1999[^f00058];

“candidate” means a candidate to be an elected mayor;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls)(England and Wales) Regulations 2004[^f00059];

“counting observer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“counting officer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums)(Petitions and Directions)(England) Regulations 2000[^f00061];

“polling observer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“returning officer”, in relation to an election means—the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales)[^f00062] of the 1983 Act; andany person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a);

“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022”;

“voting area” shall have the same meaning as in regulation 2 of the Referendums Regulations.

(2) In the case of a referendum, a reference to—

(a) a “candidate” shall be construed as a reference to a petition organiser;

(b) an “election agent” or a “counting agent” shall be construed as a reference to a counting observer;

(d) a “returning officer” shall be construed as a reference to a counting officer.

(3) Subject to paragraph (4), other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

(4) Where such expressions are used in relation to a mayoral election, they have the meaning as defined in regulation 2 or modified by regulation 3.

PART 2 — Provisions as to time

Timetable

3

The proceedings at the election shall be conducted in accordance with the following Timetable:

Proceedings	Time
Publication of notice of election	Not later than the twenty-fifth day before the day of election.
Delivery of nomination papers	Not later than 4 in the afternoon on the nineteenth day before the day of election.
Publication of statement as to persons nominated	Not later than 4 in the afternoon on the eighteenth day before the day of election.
Delivery of notices of withdrawal of candidature	Not later than 4 in the afternoon on the nineteenth day before the day of election.
Notice of poll	Not later than the sixth day before the day of election.
Polling	Between the hours of 7 in the morning and 10 at night on the day of election.

Computation of time

4

(1) In computing any period of time for the purposes of the Timetable—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of votes on such a day.

(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00063] in England and Wales.

PART 3 — Stages common to contested and uncontested elections

Notice of election

5

(1) The returning officer shall publish notice of the election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination of candidates

6

(1) Each candidate must be nominated by a separate nomination paper.

(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the county, county borough, district or London borough in which the electoral area wholly or mainly lies.

(3) A nomination paper must state the candidate’s—

(a) full names, and

(b) home address, in full, and

and the surname must be placed first in the list of names.

(4) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).

(5) The description, if any, which may not comprise more than six words, must consist of either—

(a) that authorised as mentioned in paragraph rule 7(1) or (3); or

(b) the word “Independent”.

(6) The nomination paper must be accompanied by a form (in these Rules referred to as the “home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (9), qualifying addresses;

(b) the attesting person’s—

(i) full names, and

(ii) home address in full.

Provision in paragraph (2) about delivery of the nomination paper applies also to the home address form.

(7) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) if that address is in the United Kingdom, state the relevant area;

(ii) if that address is outside the United Kingdom, state the country within which it is situated.

(8) The home address form must also state, in relation to each qualifying address, which of the qualifications mentioned in paragraph (9) that address relates to.

(9) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected as mayor by virtue of being registered as a local government elector at a particular address, that address;

(b) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of owning or occupying land or other premises in a particular area, a description and the address of that land or those premises;

(c) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of their principal or only place of work being in a particular area, the address in full of that place of work;

(d) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of residing in a particular area, the address, or addresses, in full at which the candidate has so resided.

(10) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(c);

“relevant area”—in relation to a home address which is in England, means—if it is within a district for which there is a district council, that district;if it is within a county in which there are no districts with councils, that county;if it is within a London borough, that London borough;if it is within the City of London (including the Inner and Middle Temples), the City of London;if it is in the Isles of Scilly, the Isles of Scilly;in relation to a home address which is in Wales, means—if it is within a county, that county;if it is within a county borough, that county borough;in relation to a home address in Scotland, means the local government area in which it is situated;in relation to a home address in Northern Ireland, means the local government district in which it is situated.

Nomination papers: name of registered political party

7

(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(2) In paragraph (1) an authorised description may be either—

(a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000[^f00064], or

(b) a description of the party registered under section 28A[^f00065] of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000[^f00066].

(5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party’s nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a) “registered political party” means a party which was registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election;

(b) a registered political party is a qualifying party in relation to an electoral area if the electoral area is in England or Wales and the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.

Subscription of nomination paper

8

(1) The nomination paper must be subscribed by two electors as proposer and seconder, and by twenty-eight other electors as assenting to the nomination.

(2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.

(3) The nomination paper must give the electoral number of each person subscribing it.

(4) The returning officer—

(a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b) must at any elector’s request prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the returning officer.

(5) In this rule “elector”—

(a) means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and

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

(6) But, in this rule, “elector” does not include a person who has an anonymous entry in the register.

9

A person shall not be validly nominated unless his consent to nomination—

(a) is given in writing, on or within one month before the last day for the delivery of nomination papers,

(b) is in the appropriate form in the Appendix or a form to the like effect and includes—

(i) for a nomination in England, a copy of sections 80 , 81 and 81A of the Local Government Act 1972 , section 78A of the Local Government Act 2000 , section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022; or

(ii) for a nomination in Wales, a copy of sections 80 and 81 of the Local Government Act 1972 and sections 78A and 79 of the Local Government Act 2000.

(d) is delivered at the place and within the time for the delivery of nomination papers.

Deposits

10

(1) A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf, with the returning officer at the place and within the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act).

Decisions as to validity of nomination papers and home address forms

11

(1) Where a nomination paper and the candidate’s consent to nomination and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid, or

(aa) the returning officer decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 6(6) or (8), or

(ii) if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

(b) proof is given to the returning officer’s satisfaction of the candidate’s death, or

(2) The returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of the persons subscribing the paper are not as required by law; ...

(b) that the paper is not subscribed as so required.

(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3) Subject to paragraph (4), the returning officer must, as soon as practicable after each nomination paper has nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(4) If in the returning officer’s opinion a nomination paper breaks rule 7(1) or (3), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6) The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his nomination paper home address form.

(7) The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated

12

(1) The returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and home address forms.

(3) If a person’s nomination paper gives a commonly used surname or forename in accordance with rule 6(4), the statement must show the person’s commonly used surname or forename (as the case may be) instead of the other surname or forename.

(4) Paragraph (3) does not apply if the returning officer thinks—

(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(6A) In relation to a nominated person whose home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—

(a) the statement mentioned in rule 6(7)(a), and

(b) the information mentioned in rule 6(7)(b),

the reference in paragraph (2) to the person’s address are to be read as a reference to the information mentioned in rule 6(7)(b).

(7) In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

(8) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) paragraph (6A) applies in relation to each of the persons in question, and

the returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate to reduce the likelihood of confusions.

(9) Where it is practicable to do so before the publication of the statement, the returning officer must consult any person whose particulars are to be amended or added to under paragraph (8).

(10) The returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (8).

(11) Anything done by a returning officer in pursuance of paragraph (8) must not be questioned in proceedings other than proceedings on an election petition.

(12) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (8).

13

During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.

Correction of minor errors

14

(1) A returning officer may, if he thinks fit, at any time before the publication under rule 12 of the statement of persons nominated, correct minor errors in a nomination paper or home address form.

(2) Errors which may be corrected include—

(a) errors as to a person’s electoral number;

(b) obvious errors of spelling in relation to the details of a candidate.

(3) Anything done by a returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.

(4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Withdrawal of candidature

15

(1) A candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness; and

(b) delivered to the returning officer at the place for delivery of nomination papers.

(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election proposer and accompanied by a written declaration also so signed of the candidate’s absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if—

(a) it and the accompanying declaration are signed by all the proposers except any who is, and is stated in that declaration to be, outside the United Kingdom; or

(b) it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the proposer giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom

Method of election

16

If, after any withdrawals under rule 15—

(a) more than two candidates remain validly nominated, a poll shall be taken in accordance with Part 4 or, in the case of a mayoral election in Wales, Parts 4 and 5 of these Rules,

(b) only two candidates remain validly nominated, a poll shall be taken in accordance with Part 4;

PART 4 — Contested elections

Poll to be taken by ballot

17

The votes at the poll shall be given by ballot.

The ballot papers

18

(1) The ballot of every person entitled to a vote at the election shall consist of a ballot paper.

(2) The persons remaining validly nominated for election to the office of mayor, after any withdrawals, and no others, shall be entitled to have their names inserted in the ballot paper at that election.

(3) Every ballot must be in the appropriate form, and must be printed in accordance with the appropriate directions, set out in the Appendix, and—

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

(b) must be capable of being folded up;

(d) must be of a different colour from that of any ballot papers used at any relevant election or referendum.

(4) If a candidate who is the subject of a party’s authorisation under rule 7(1) so requests, the ballot paper must contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(4A) If a candidate who is the subject of an authorisation by two or more parties under rule 7(3) so requests, the ballot paper must contain, against the candidate’s particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.

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

(a) be made in writing to the returning officer, and

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

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

The corresponding number list

19

(1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24 or provided by him in pursuance of rule 28.

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

The official mark

20

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

(2) The official mark must be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at an election (of whatever description) for the same county, county borough, district or London borough, as the case may be.

(3) The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

21

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

Use of schools and public rooms

22

(1) The returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

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

(2) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.

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

Notice of poll

23

(1) The returning officer must publish notice of the poll stating—

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

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

(2) Where a candidate is nominated by more than one nomination paper, the nomination paper referred to in paragraph (1)(c) must be that from which the names and other particulars of the candidate shown in the statement of persons nominated are taken.

(3) The returning officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station; and

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

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

(4) The notice published under paragraph (3) above shall—

(a) state that the poll at the mayoral election is to be taken together with the poll at a relevant election or referendum;

(b) specify the parliamentary constituency[^f00067], ... Assembly constituency, voting area or, as the case may be, the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the relevant election is held, and

Postal ballot papers

24

(1) The returning officer must, in accordance with regulations made under the 1983 Act[^f00068], issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

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

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

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

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

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

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

Provision of polling stations

25

(1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral area must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral area.

(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

(5) In the case of a mayoral election held in England, the returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

Appointment of presiding officers and polling clerks

26

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

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

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station and in respect of a presiding officer for a mayoral election in England only—

(a) refuse to deliver a ballot paper under rule 35(3A) or rule 37(1F) (including that rule as applied by rules 38, 39 or 40), or

(b) resolve doubts over identity as mentioned in rule 37(1G) (including that rule as applied by rule 38, 39 or 40).

Issue of official poll cards

27

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

(2) An elector’s official poll card must be sent or delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

(a) the name of the local authority to which the election relates;

(b) that the election is a mayoral election;

(d) the date and hours of the poll and the situation of the elector’s polling station; and

(e) such other information as the returning officer thinks appropriate,

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

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

(5) Paragraph (5) of rule 8 shall apply for the interpretation of this rule.

(6) If the returning officer and the returning officer for each relevant election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election or referendum.

Equipment of polling stations

28

(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.

(2) The same ballot box may be used for the poll at the mayoral election and the poll at every relevant election or referendum, if the returning officer thinks fit.

(3) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(4) The returning officer must provide each polling station with—

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

(b) copies of the register of electors for the electoral area or such part of it as contains the names of the electors allotted to the station;

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

(d) a list consisting of that part of the list prepared under rule 19 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(5) The reference in paragraph (4)(b) to the copies of the register of electors includes a reference to copies of any notices issued by section 13B(3B) or (3D) of the 1983 Act[^f00069] in respect of alterations to the register.

(6) The returning officer must also provide each polling station with—

(a) at least one large version of each ballot paper which must be printed on the same colour paper as the corresponding ballot paper and must be displayed inside the polling station for the assistance of voters who are partially sighted; ...

(b) for a mayoral election in Wales, a device of such description as is set out in paragraph (11) below for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 39(1)).

(c) for a mayoral election in England, such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 37 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.

(6A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (6)(c) of this rule as it applies for the purposes of that rule but as if the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (6)(c) of this rule.

(6B) In the case of a mayoral election held in England—

(a) the returning officer must also provide each polling station with a ballot paper refusal list, in the appropriate form in the Appendix or a form to the like effect, on which entries are to be made as mentioned in rule 41A (refusal to deliver ballot paper: mayoral elections in England);

(b) a large notice must be displayed inside each polling station containing—

(i) relevant identification details, and

(ii) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the voter claims to be.

(6C) In paragraph (6B)(b)(i), “relevant identification details” means details of the documents the voter needs to produce when applying for a ballot paper, namely—

(a) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(b) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.

(7) Where notwithstanding paragraph (2) above separate ballot boxes are to be used, each ballot box must be clearly marked with—

(a) the election or referendum to which it relates, as shown on the ballot papers for that election or referendum;

(b) the words “Place the [specify colour of ballot papers in question] ballot papers in here”.

(8) A notice in the appropriate form in the Appendix giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(9) The returning officer may also provide copies of the notice mentioned in paragraph (8) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(10) In every compartment of every polling station there must be exhibited the notice:

“PARLIAMENTARY ELECTION
Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice....
[Specify name of council] COUNCIL ELECTION([Specify colour] ballot paper)[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices.][Vote ONLY ONCE by putting a cross [X] in the box next to your choice.]ELECTION OF THE MAYOR OF LONDON #Vote for ONLY ONE candidate by putting a cross [X] in the box next to your choice. ELECTION OF THE LONDON ASSEMBLY#On the constituency members ballot paper ([specify colour]) vote for ONE candidate only.#On the London members ballot paper ([specify colour]) vote for ONE party or individual candidate only.LOCAL MAYORAL ELECTION IN WALES([Specify colour] ballot paper)[Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.][Vote by putting a cross [X] in the box
In column 1 next to your FIRST CHOICE candidate
In column 2 next to your SECOND CHOICE candidate
Your first and second choices should be different.]
LOCAL MAYORAL ELECTION IN ENGLAND([Specify colour] ballot paper)[Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.]
[Specify other] ELECTION/REFERENDUM([Specify colour*] ballot paper)[Specify voting instructions in accordance with the legislation governing the election or referendum]
PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the elections and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [appropriate] ballot box.]Complete or omit as necessary.#Alternatively, insert such information as the GLRO may decide*.”

(11) The device referred to in paragraph (6)(b) must—

(a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;

(b) hold the ballot paper firmly in place during use; and

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

(ii) identify the registered party or individual candidate to which each such space refers; and

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

Appointment of polling and counting agents

29

(1) Subject to paragraphs (3), (4) and (5), before the commencement of the poll each candidate may appoint—

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

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

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

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

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

(5) The returning officer may limit the number of counting agents, but in doing so must ensure that—

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

(b) the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(6) For the purposes of the calculations required by paragraph (5), a counting agent appointed for more than one candidate is a separate agent for each of the candidates for whom he has been appointed.

(7) Notice in writing of the appointment, stating the names and addresses of the persons appointed, must be given by the candidate to the returning officer and must be so given not later than the fifth day (disregarding any day referred to rule 4(1)) before the day of the poll.

(8) Notices of the appointment of polling agents and counting agents which are required by paragraphs (7) and (9) to be given to the returning officer must be given to that returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations[^f00071].

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

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

(11) In the following provisions of these Rules references to polling agents 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 numbers.

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

(13) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(14) A candidate’s election agent may do or assist in doing anything which the candidate’s polling or counting agent is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate’s election agent instead of his polling agent or counting agent.

(15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agent, the non-attendance of any agent or agents 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

30

(1) The returning officer must 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 voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66[^f00072] of the 1983 Act; 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 subsections (2) and (6) of that section.

(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

Return of postal ballot papers

31

(1) Where—

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

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

the returning officer must mark the list in the manner prescribed by regulations made under the 1983 Act[^f00073].

(2) Rule 47(7) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Admission to polling station

32

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

(a) voters;

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

(ba) in England, persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(8)(b);

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

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

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