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

• (a) where the election is contested by more than two candidates, count the first preference votes given on them;

• (b) where the election is contested by only two candidates, count the votes given on them

• (6A) The returning officer at a mayoral election in England must then count the votes given on the ballot papers.

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

• (a) it is returned in the manner set out in paragraph (8) and reaches the returning officer or any polling station in the appropriate electoral area before the close of the poll;

• (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (8) 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 an elector or proxy have been prescribed by regulations made under the 1983 Act⁶⁹, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy and

• (e) in England, 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.

• (8) 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;

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

• (8A) 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.

• (9) 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 mayoral election and any relevant election or referendum are being taken together; and

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

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

• (11) While counting and recording the number of ballot papers and counting the votes, the returning officer 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.

• (12) 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 may copy.

• (13) 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.

• (14) 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.

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 paragraphs (2) and (3), 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

• (c) by more than one mark,

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 votes shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears;

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

and (in each 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;

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

• (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;

• (c) paragraph (3) 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;

• (c) in paragraph (2) sub-paragraph (i) were omitted;

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

• (e) in paragraph (2) after sub-paragraph (ii) the words “(in each 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;

• (c) at an election contested by more than two candidates—

• (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 shall—

• (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 shall—

• (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.

• (c) for paragraphs (3) to (6) there were substituted—

(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(3) to (7), 47(10), (11), (13) and (14), 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,

• (c) the total number of votes given for each of those candidates, and

• (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 shall 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 must 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), 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 an election of the kind in question; 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 first calculation under rule 51, 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 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.

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

• (a) tendered ballot papers, or

• (aa) in the case of a mayoral election held in England, 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 Combinations 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 and retention of documents

57

• (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 43 and the declarations made by the companions of voters with disabilities,

• (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, and

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.

• (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 (f) were omitted.

• (3) In this rule and in rules 58, 59 and 60 references to the relevant registration officer are to—

• (a) the registration officer for the local authority in whose area the mayoral election is held;

• (b) if the electoral area of 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 mayoral election is held,

and for these purposes “local authority” does not include the Greater London Authority.

Orders for production of documents

58

• (1) An order—

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

• (b) for the opening of a 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,

• (c) place and mode of inspection,

• (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 (local elections void etc. in England and Wales) of the 1983 Act⁷⁰ apply in respect of any vacancy which remains unfilled.

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

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

• (4) Subject to paragraph (6), at the close of the poll at any 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 mayoral election had not been abandoned.

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

• (8) The returning officer must seal up all those ballot papers used at the mayoral election, 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.

• (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 the mayoral 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 inspection or production 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.

SCHEDULE 4 — Free delivery of election addresses

1

In this Schedule—

• “candidate” means a person who stands nominated as a candidate at the election;

• “election” means an election for the return of an elected mayor;

• “election address” shall be construed in accordance with paragraph 2;

• “elector” in relation to an election, means a person entitled, in accordance with section 9HD(1) or 43(1) of the 2000 Act, to vote at that election;

• “election booklet” shall be construed in accordance with paragraph 5;

• “print” means print by whatever means (and “printer” shall be construed accordingly); and

• “registered political party” means a party which was registered under Part 2 (registration of political parties) of the Political Parties, Elections and Referendums Act 2000⁷¹ at the time by which the notice of election is required to be published.

2

For the purposes of regulation 6 and this Schedule, an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.

3

• (1) An election address must contain matter relating to the election only.

• (2) In particular, an election address must not contain—

• (a) any advertising material (other than material promoting the candidate as a candidate at the election);

• (b) any other material appearing to be included with a view to commercial gain; or

• (c) any material referring to any other candidate.

• (3) An election address may include representations of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.

• (4) Where an election address is prepared on behalf of an authorised party candidate, the address may contain a description registered under section 28A⁷² or, if the description is registered for use by candidates of two or more parties, under section 28B of the Political Parties, Elections and Referendums Act 2000.

• (5) In sub-paragraph (3) “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem or description in question 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 for the election.

• (6) An election address must—

• (a) contain a statement to the effect that it has been prepared by the candidate’s election agent;

• (b) give the name and address of the election agent; and

• (c) give the name and address of the candidate on whose behalf it has been prepared.

• (7) Where a candidate’s home address has been withheld in accordance with rule 6(7) of Schedule 1 or Schedule 3 to these Regulations, the reference to the address of the candidate in sub-paragraph (6)(c) is to be read as a reference to the information mentioned in rule 6(7)(b).

4

• (1) Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).

• (2) An election address must be printed on not more than two sides of A5 paper, but if such an address is printed on two sides of such paper—

• (a) it must, when submitted to the returning officer for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and

• (b) if the total number of candidates from whom election addresses have been accepted by the returning officer by the last time for delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.

• (3) An election address must—

• (a) comply with such requirements as to typographical layout, margins and use of colour as the returning officer may determine; and

• (b) comply with such other requirements as he may determine with a view to facilitating its reproduction as a page or pages of the election booklet.

• (4) An election address must, when submitted to the returning officer for inclusion in the election booklet, be accompanied—

• (a) where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and

• (b) in any case, by such copies of anything contained in the address as the returning officer may reasonably require in connection with the reproduction of the address.

5

• (1) For the purposes of this Schedule, the election booklet is a document prepared by the returning officer which contains the election addresses of all candidates who—

• (a) desire their election addresses to be included in the booklet; and

• (b) have submitted—

• (i) those addresses, and

• (ii) any additional material required under paragraph 4(4),

to the returning officer before the last time for the delivery of nomination papers for the election.

• (2) If—

• (a) it appears to the returning officer that any of the requirements of paragraphs 3 and 4 has not been complied with in relation to an election address, or

• (b) a candidate fails to make the payment required by paragraph 8 in respect of an election address,

the returning officer shall decline to include the address in the election booklet.

6

• (1) The order in which the candidates’ election addresses appear in the election booklet shall be determined by lot drawn by the returning officer as soon as reasonably practicable after the last time for the delivery of nomination papers for the election.

• (2) The election booklet may include, in addition to candidates’ election addresses, a statement by the returning officer—

• (a) explaining the nature and purpose of the election booklet;

• (b) listing in alphabetical order, the names of all the candidates at the election (whether or not their election addresses are included in the booklet); and

• (c) giving the date of the election and such other information about it as the returning officer may determine.

• (3) The election booklet must—

• (a) contain a statement that it has been published by the returning officer; and

• (b) give the name and address of the returning officer and those of the printer of the booklet.

• (4) Subject to sub-paragraphs (1) to (3), the form of the election booklet shall be determined by the returning officer.

• (5) The election agent of each candidate whose election address has been accepted by the returning officer for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the returning officer in order to check, and submit to the returning officer typographical corrections to, the proof of the candidate’s address.

• (6) If the election agent of any such candidate fails to avail himself of that opportunity, the returning officer may—

• (a) make such typographical corrections to the proof as appear to him to be appropriate; and

• (b) proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).

• (7) No person other than—

• (a) the candidate on whose behalf an election address included in the election booklet was prepared, or

• (b) the candidate’s election agent,

shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 7.

7

• (1) Copies of the election booklet shall be delivered by the returning officer, in envelopes addressed to individual electors, at such time and by such means as the returning officer may determine.

• (2) The returning officer may disseminate the contents of the election booklet by such other means as he may determine.

8

• (1) Each candidate by whom an election address is submitted to the returning officer for inclusion in the election booklet shall pay to the returning officer such reasonable sum (which shall be the same for each such candidate) as the returning officer may determine by way of contribution towards the expenses incurred by him in respect of the printing of the election booklet.

• (2) The payment required by sub-paragraph (1) shall be made at such time, and in such manner, as the returning officer may determine.

• (3) A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.

• (4) If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the returning officer in respect of the printing of the election booklet, the returning officer shall

• (a) divide the amount of the excess between those candidates in equal shares, and

• (b) send to each of those candidates a payment in respect of his share.

9

• (1) The amount of any payment made by a candidate under paragraph 8 (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part 2 (the Election campaign) of the 1983 Act (as modified for the purposes of mayoral elections by regulation 3(2) and (4) of, and Table 1 of Schedule 2 to, these Regulations), to be an amount of election expenses incurred by the candidate in relation to the election.

• (2) Nothing in section 75(1) (restriction on third party election expenditure) of the 1983 Act (as modified as mentioned in sub-paragraph (1)) shall be taken to apply, in relation to any candidate, to any expenses incurred by the returning officer in consequence of the relevant provisions.

Signed

Signed by authority of the Secretary of State

Bridget Prentice, — Parliamentary Under Secretary of State — Department for Constitutional Affairs — 26th March 2007

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations re-enact Regulations made in 2002 (“the 2002 Regulations”) to make provision for the conduct of elections of mayors of county, district and London borough councils (in England) and county and county borough councils (in Wales) under the Local Government Act 2000 (c. 2) (“the 2000 Act”).

The principal changes made to the 2002 Regulations are to implement the changes made by the Electoral Administration Act 2006 (c. 22) (“the 2006 Act”) for mayoral elections.

Regulation 3 and Schedules 1 and 2 provide for the conduct of a mayoral election. The changes which reflect the 2006 Act are summarised at the end of this note.

The Mayoral Elections Rules as contained in Schedule 1 are similar to those which apply in relation to the election of councillors at local authority elections. They apply when the mayoral election is not combined with any other poll. However, each candidate’s nomination paper must be subscribed by 30 electors, and a deposit of £500 must be paid. If there are three or more mayoral candidates, the elected mayor will be returned under the supplementary vote system, for which provision is made in section 42(3) of, and Schedule 2 to, the 2000 Act. (The supplementary vote system is also used for the election of the Mayor of London under the Greater London Authority Act 1999 where there are three or more candidates.)

Regulation 3 and Schedule 2 also apply other electoral legislation, with modifications, to facilitate the conduct of mayoral elections. The reference in the 2002 Regulations to the Political Parties, Elections and Referendums Act 2000 (c. 41) was unnecessary and in consequence has been omitted from these Regulations.

Regulation 4 makes provision for the rules for the conduct of mayoral elections to be modified when combined with other polls. The rules for conducting such elections are again set out in full (the Mayoral Elections (Combination of Polls) Rules), in Schedule 3.

Regulation 5 provides for mayoral elections to be questioned using the same procedures (in Part 3 of the Representation of the People Act 1983 (c. 3)) that apply to the questioning of local authority elections.

Regulation 6 and Schedule 4 provide for the free delivery of election addresses. The provisions are generally comparable to those that apply at Greater London Authority elections. Candidates at mayoral elections who wish to have their election addresses included in the election booklet prepared and distributed by the returning officer are required to pay a contribution of such reasonable amount as the returning officer may determine towards the expenses incurred by the returning officer in printing the election booklet.

The provisions of the Mayoral Elections Rules and the Mayoral Elections (Combination of Polls) Rules (collectively, “the Rules”) which reflect changes made by the 2006 Act include the following.

The Rules reflect changes made to nomination procedures. Candidates may use their common names on nomination forms and papers. The rules on the use of authorised descriptions by candidates standing on behalf of registered political parties are amended to reflect amendments made to the Political Parties, Elections and Referendums Act 2000 (c. 41) (in sections 28A and 28B). Returning officers will be able to correct minor errors on nomination papers.

The Rules reflect new security measures introduced by the 2006 Act. Security markings on ballot papers are provided for; so too are unique identifying marks. Counterfoils on ballot papers are replaced by corresponding number lists. Requirements are imposed requiring postal voters and postal proxies to provide both their signature and date of birth when returning postal ballot papers.

The Rules reflect alterations as to the circumstances in which a person may give a tendered vote. New requirements are introduced as to the information and accessibility of information to be provided by returning officers to electors.

The Rules reflect changes made as to the persons who may be admitted to a polling station and the count to observe elections.

Amendments are made to provide for transmission of information to a presiding officer of alterations to the electoral register taking effect on the day of the poll. Amendments consequential upon the introduction of a scheme for the anonymous registration of certain electors are made.

The Rules reflect changes made regarding the retention and inspection of election documents after the poll.

The new forms which are appended to the Rules reflect the changes made by the 2006 Act.

Footnotes

Editorial notes