The Greater London Authority Elections Rules 2007
- (1M) References in this rule to producing a document are to producing it for inspection.
- (2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ....
- (3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.
- (4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.
- (5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.
- (6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—
- (a) immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,
- (b) place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.
- (7) At an ordinary election, the same copy of—
- (a) the list of proxies,
- (b) the list mentioned in rule 28(3)(d),
- (c) the register of electors,
- (d) any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),
may be used for each Authority election and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, register or notice so as to identify the elections in respect of which a ballot paper was issued.
- (8) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
Votes marked by presiding officer
39
- (1) Subject to paragraph (1A), the presiding officer, on the application of a voter—
- (a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or
- (b) who declares orally that he is unable to read,
must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.
- (1A) Paragraphs (1A) to (1M) of rule 38 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 38(1), but as if—
- (a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and
- (b) in rule 38(1G), the reference to paragraph (1) of rule 38 were to paragraph (1) of this rule.
- (2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.
- (3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act , paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
- (4) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each Authority election, unless the list identifies the election for which the ballot paper was so marked.
Voting by persons with disabilities
40
- (1) If a voter makes an application to the presiding officer to be allowed, on the ground of—
- (a) blindness or other disability, or
- (b) inability to read,
to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.
- (2) Subject to paragraph (2A), if the presiding officer–
- (a) is satisfied that the voter is so incapacitated, and
- (b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—
- (i) is a qualified person within the meaning of these Rules, and
- (ii) has not previously assisted more than one voter with disabilities to vote at the election,
the presiding officer must grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
- (2A) Paragraphs (1A) to (1M) of rule 38 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 38(1), but as if—
- (a) references to delivering a ballot paper to a voter were to granting a voter’s application, and
- (b) in rule 38(1G), the reference to paragraph (1) of rule 38 were to paragraph (1) of this rule.
- (3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person is aged 18 or over.
- (4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.
- (5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
- (6) The declaration made by the companion—
- (a) must be in the appropriate form,
- (b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and
- (c) must forthwith be given to the presiding officer who must attest and retain it.
- (7) No fee or other payment may be charged in respect of the declaration.
- (8) At an ordinary election, the same list of voters with disabilities assisted by companions may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each Authority election, unless the list identifies the election for which the vote was so given.
Tendered ballot papers: circumstances where available
41
- (1) If a person, representing himself to be—
- (a) a particular elector named in the register and not named in the absent voters list, or
- (b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
- (2) Paragraph (4) applies if—
- (a) a person applies for a ballot paper representing himself to be a particular elector named in the register,
- (b) he is also named in the postal voters list, and
- (c) he claims that he did not make an application to vote by post at the election.
- (3) Paragraph (4) also applies if—
- (a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
- (b) he is also named in the proxy postal voters list, and
- (c) he claims that he did not make an application to vote by post as proxy.
- (4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
- (5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
- (a) a particular elector named in the register who is also named in the postal voters list, or
- (b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he has lost or has not received his postal ballot paper.
- (6) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
- (7) Paragraphs (1A) to (1M) of rule 38 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 38(1), but as if, in rule 38(1G) the reference to making a further application under paragraph (1) of rule 38 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.
Tendered ballot papers: general provisions
42
- (1) A tendered ballot paper must—
- (a) be of a colour differing from the other ballot papers,
- (b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number on the register of electors, and set aside in a separate packet.
- (2) The name of the voter and his number on the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
- (3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name must be the number of that elector.
- (4) In the case of an elector who has an anonymous entry, this rule and rule 41 apply subject to the following modifications—
- (a) in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,
- (b) otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears in the register or list (as the case may be).
- (5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 41 apply as if—
- (a) in rule 41(1)(a), (2)(a) and (5)(a), for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”,
- (b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”,
- (c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.
- (6) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that tendered ballot papers were marked in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
Spoilt and replacement ballot papers
43
- (1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
- (2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 38(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.
- (3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 39(1) (the corresponding number list)—
- (a) in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—
- (i) the number of the elector, and
- (ii) the number of the ballot paper which is being replaced; and
- (b) in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.
- (4) At an ordinary election, the voter must only receive a replacement for a spoilt or returned ballot paper.
- (5) If the same corresponding number list is used for more than one Authority election in accordance with rule 38(7)—
- (a) the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and
- (b) any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 38(1), or obtained under paragraph (1) or (2) of this rule—
- (i) must not be delivered to the voter,
- (ii) must be cancelled, and
- (iii) for the purposes of these rules, must be treated as a spoilt ballot paper.
Correction of errors on day of poll
44
- (1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
- (2) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that ballot papers were delivered in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
Adjournment of poll in case of riot
45
- (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith inform the CRO.
- (2) Where the poll is adjourned at any polling station—
- (a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and
- (b) references in these Rules to the close of the poll must be construed accordingly.
- (3) As soon as practicable after being informed of the adjournment of a poll, the CRO must inform the GLRO of that fact and of the cause of its adjournment.
Procedure on close of poll
46
- (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—
- (a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with any key attached,
- (b) the unused and spoilt ballot papers placed together,
- (c) the tendered ballot papers,
- (d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,
- (da) the ballot paper refusal list completed in accordance with rule 42A,
- (e) the list prepared under rule 18, including the part completed in accordance with rule 38(1)(b) (together referred to in these Rules as “the completed corresponding number list”),
- (f) the certificates as to employment on duty on the day of the poll,
- (g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 44, and the declarations made by the companions of voters with disabilities,
and must deliver the packets or cause them to be delivered to the CRO to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery must be approved by the CRO.
- (2) The contents of the packets referred to in paragraph (1)(b), (c) and (f) must not be combined with the contents of the packets made under the corresponding rule that applies at any other Authority election.
- (3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number list or the certificates as to employment on duty on the day of the poll.
- (4) The packets must be accompanied by a statement (“the ballot paper account”) showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads—
- (a) ballot papers issued and not otherwise accounted for,
- (b) unused ballot papers,
- (c) spoilt ballot papers, and
- (d) tendered ballot papers.
- (5) At an ordinary election, the statement referred to in paragraph (4) may be combined with the statements produced in relation to other Authority elections and the combined statement must be arranged in such manner as the GLRO may direct.
Attendance at verification and the counting of votes
47
- (1) As soon as practicable after the close of the poll, the CRO must make arrangements for carrying out, in the presence of the counting agents, the verification and counting of votes at the election and must give to the counting agents notice in writing of the time and place at which he will begin to verify and count the votes.
- (2) No person other than—
- (a) the CRO and his clerks and technical assistants,
- (b) the GLRO,
- (c) the candidates and one other person chosen by each of them,
- (d) the election agents,
- (e) the counting agents,
- (f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
may be present at the verification and counting of the votes, unless permitted by the CRO to attend.
- (3) A person not entitled to attend at the verification and counting of the votes must not be permitted to do so by the CRO unless the CRO—
- (a) is satisfied that the efficient conduct of those proceedings will not be impeded, and
- (b) has either consulted the candidates or thought it impracticable to do so.
- (4) The CRO must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
Use of the electronic counting system
48
- (1) The GLRO may provide the CRO with an electronic counting system consisting of computer hardware, software and other equipment or services, for the purpose of counting the number of ballot papers, to verify the ballot paper accounts and to count the votes cast on them.
- (2) Any verification of ballot paper accounts, count or re-count at the election conducted using the electronic counting system must be conducted in accordance with rule 49.
- (3) If the GLRO has provided the CRO with an electronic counting system for use at the election, the CRO must obtain the prior written consent of the GLRO before he may conduct the verification of ballot paper accounts or count the votes manually.
- (4) If the verification of ballot paper accounts, count or re-count has commenced using the electronic counting system but has not been completed, the CRO may, if he considers it appropriate, discontinue the count and instead count the votes manually.
- (5) Where the count or a re-count has been conducted using the electronic counting system, the CRO may, if he considers it appropriate, conduct any re-count without using that system.
- (6) Where verification or any count or re-count is conducted using the electronic counting system, any of the steps referred to rule 49, in so far as practicable, may be undertaken—
- (a) concurrently with any other of those steps, or
- (b) in a different order.
Verification and the count
49
- (1) The CRO must—
- (a) open the ballot boxes from each polling station together, in the presence of the counting agents appointed for the purposes of the election and any other Authority election with which is its combined,
- (b) cause the electronic counting system to count such of the postal ballot papers as have been duly returned in accordance with paragraphs (2) and (3) and record separately the number counted,
- (c) not mix the contents of any ballot box with the contents of any other ballot box during the conduct of any count or re-count.
- (2) A postal ballot paper must not be taken to be duly returned unless—
- (a) it is returned in the manner set out in paragraph (3) and reaches the CRO or any polling station in the Assembly constituency that includes the electoral area for which the elector is registered as a local government elector, before the close of the poll,
- (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches him or such 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 the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act , the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and
- (e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.
- (3) The manner in which any postal paper or postal voting statement may be returned—
- (a) to the CRO, is by hand or by post,
- (b) to a polling station in the Assembly constituency, is by hand.
- (3A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station mentioned in sub-paragraph (a) of paragraph (2) at or after the close of the poll is treated for the purposes of paragraph (2) 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.
- (4) After completing the proceedings under paragraph (1), the CRO must cause the electronic counting system to process the ballot papers so as to count—
- (a) the number of ballot papers, and
- (b) votes given on the ballot papers.
- (5) The CRO must not cause the electronic counting system to count any tendered ballot paper.
- (6) The CRO must verify each ballot paper account by comparing it with the number of ballot papers processed by the electronic counting system, 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.
- (7) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
- (8) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded.
- (9) At an ordinary election, the hours between 5 in the afternoon and 10 on the following morning may only be excluded with the prior consent of the GLRO.
- (10) During the time so excluded the CRO 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
50
- (1) Any ballot paper—
- (a) which does not bear the official mark,
- (b) on which votes are given for more than one candidate,
- (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,
- (d) which is unmarked, or
- (e) which is void for uncertainty,
is, subject to paragraph (2), void and must not be 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,
must not for such reason be void if an intention that the vote be given for one only of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.
- (3) Where the electronic counting system identifies a ballot paper that has been marked, but which appears for whatever reason to be void, it must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (6).
- (4) If the clerk, having examined the ballot, considers that the vote is void then the CRO must examine it in the manner referred to in paragraph (6).
- (5) After the CRO examines the ballot paper, he must give his decision as to the validity of the vote.
- (6) An examination under paragraph (3) or (4) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.
- (7) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraph (4)—
- (a) either in the manner referred to in paragraph (6), or
- (b) by examining a paper copy,
and where the CRO does so, he must give a decision on that paper in accordance with paragraph (5).
- (8) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.
- (9) A record of the CRO's decision must be retained in the electronic counting system together with, in the case of a decision that the ballot paper is void, his reasons by reference to paragraph (1).
- (10) If a counting agent objects to the CRO's decision the CRO must record on the electronic counting system that the decision was objected to.
- (11) The CRO must draw up a statement showing the number of ballot papers rejected under the several heads of—
- (a) want of an official mark,
- (b) voting for more than one candidate,
- (c) writing or mark by which the voter could be identified,
- (d) unmarked ballot paper, or
- (e) void for uncertainty.
- (12) As soon as practicable after the completion of the statement under paragraph (11) the CRO must inform—
- (a) such candidates, election agents and counting agents as are present at the count, and
- (b) the GLRO,
of its contents.
Decisions on ballot papers
51
The decision of the CRO on any question arising in respect of a ballot paper will be final, but may be subject to review on an election petition.
Re-count
52
- (1) A candidate or his election agent or a counting agent authorised under rule 30(3) may, if present when the counting or any re-count of the votes, is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.
- (2) No step may be taken on the completion of the counting or any re-count of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
- (3) The CRO may determine the extent to which any re-count involves the electronic counting of votes.
- (4) When the returning officer uses the electronic counting system for the re-counting of votes, he must not re-consider any decision made on any ballot paper under rule 50(5).
Equality of votes
53
Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the CRO must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
PART 5 — Final Proceedings In Contested And Uncontested Elections
Declaration of result
54
- (1) In a contested election, when the result of the poll has been ascertained, the CRO must forthwith—
- (a) declare to be elected the candidate to whom the majority of votes has been given,
- (b) give public notice of—
- (i) the name of the person declared to be elected,
- (ii) the person's authorised description, if any, within the meaning of rule 6(5) or (7),
- (iii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
- (2) Subject to paragraph (3), after the CRO complies with paragraph (1), he may give public notice of the information referred to paragraph (1)(b)(iii) so as to set out the number of votes falling under each of the heads in that subparagraph, in respect of each ward.
- (3) Where the sum of ... votes given for all candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (2) in respect of that ward alone, but must amalgamate the figures for that ward with those for any other ward in which more than 500 votes have been given, in the same Assembly constituency.
- (4) In an uncontested election, the CRO must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—
- (a) declare to be elected the candidate remaining validly nominated,
- (b) give public notice of—
- (i) the name of the person declared to be elected, and
- (ii) the person's authorised description, if any, within the meaning of rule 6(5) or (7).
- (5) The CRO must as soon as practicable notify the GLRO and the proper officer of the Authority of the information in the notice given under (1)(b).
Return or forfeiture of candidate's deposit
55
- (1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 8 must be returned to the person making it or his personal representative.
- (2) Subject to paragraphs (3) and (4), the deposit must 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 must be disregarded if, in accordance with rule 4, it would be disregarded in computing any period of time for the purposes of the timetable for the election, and
- (b) the deposit must 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 the poll is countermanded or abandoned by reason of his death, the deposit must 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 counting of the votes by the CRO (including any re-count) is completed, the candidate is found not to have polled more than one-twentieth of the total number of votes polled by all the candidates, the deposit must be forfeited to the Greater London Authority.
PART 6 — Disposal of Documents
Sealing up of ballot papers
56
- (1) On the completion of the counting at a contested election the CRO must seal up in separate packets the counted and rejected ballot papers.
- (2) Where some or all of the votes have been counted using the electronic counting system, the CRO must also seal up in a separate packet a complete electronic record (“the electronic record”) of the information stored in the electronic counting system, held in such device as may be suitable for the purpose of its storage.
- (3) After making the electronic record under paragraph (2), the CRO must arrange for the original records in the electronic counting system to be removed from it and destroyed in a manner that ensures that the secrecy of those records is preserved.
- (4) The CRO must not open the sealed packets of—
- (a) tendered ballot papers,
- (b) certificates as to employment on duty on the day of the poll,
- (ba) the completed ballot paper refusal list,
- (c) the completed corresponding number lists, or
- (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 list of proxies.
Delivery and retention of documents
57
- (1) The CRO must then forward the following documents to the relevant registration officer—
- (a) the packets of ballot papers in his possession,
- (b) the packet containing the electronic record (if any),
- (c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
- (d) 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 44 and the declarations made by the companions of voters with disabilities,
- (da) the packet containing the completed ballot paper refusal list,
- (e) the packets of the completed corresponding number lists,
- (f) the packets of certificates as to employment on duty on the day of the poll, and
- (g) 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 Assembly constituency 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 in the custody of the relevant registration officer, or
- (b) for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers, in the custody of the relevant registration officer,
may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.
- (1A) An order—
- (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or
- (b) for the inspection or production of that list,
may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition.
- (2) An election court may make an order for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer.
- (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 thinks expedient; but in making and carrying into effect an order for the opening of a packet containing the electronic record or a packet of completed corresponding number lists or certificates 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 must not be disclosed until it has been proved—
- (i) that his vote was given, and
- (ii) that the vote has been declared by a competent court to be invalid.
- (4) An appeal lies to the High Court from any order of a county court under this rule.
- (5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
- (6) Where an order is made for the production by the relevant registration officer of any document or electronic record in his custody relating to any specified election—
- (a) the production by him or his agent of the document or electronic record ordered in such manner as may be directed by that order will be conclusive evidence that the document or electronic record relates to the specified election, and
- (b) any endorsement on any packet of ballot papers or so produced will be prima facieevidence that the ballot papers are what they are stated to be by the endorsement.
- (7) The production from proper custody of —
- (a) a ballot paper purporting to have been used at any election, or
- (b) a copy of the electronic record which purports to record that a particular ballot paper was used at any election, and
a completed corresponding number list with a number written beside the number of the ballot paper, will be prima facieevidence that the elector whose vote was given by that ballot paper was the person who, at the time of the election, had affixed to his entry in the register of electors or on the notice issued under section 13B(3B) or (3D) of the 1983 Act, the same number as was written on the completed corresponding number list.
- (8) Unless authorised by this rule, no person may be allowed to inspect any rejected or counted ballot papers in the custody of the relevant registration officer or open any sealed packets of completed corresponding number lists, certificates of employment on the day of the poll or containing the electronic record.
Retention and destruction of documents and records
59
The relevant registration officer must retain or cause to be retained for one year all documents and, where applicable, the electronic record relating to an election forwarded to him in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrate's court or an election court, must cause them to be destroyed.
PART 7 — Death Of Candidate
Countermand or abandonment of poll on death of candidate
60
- (1) If at a contested election proof is given to the CRO's satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, the CRO—
- (a) must countermand notice of the poll or, if polling has begun, direct that the poll be abandoned,
- (b) must inform the GLRO of the countermand or abandonment of the poll and of the name of the candidate who has died.
- (2) Subsection (1) of section 39 (local elections void etc. in England and Wales) of the 1983 Act applies in respect of any vacancy which remains unfilled as if for the reference to the returning officer there were substituted a reference to the CRO.
- (3) Where the poll is abandoned by reason of a candidate's death, no further ballot papers may be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the CRO of ballot boxes and of ballot papers and other documents in his possession as he is required to take on the close of the poll in due course.
- (4) The CRO must dispose of the ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, subject to paragraphs (5) and (6).
- (5) It is not be necessary for any ballot paper account to be prepared or verified.
- (6) The CRO must seal up all the ballot papers, whether the votes on them have been counted or not, and it will not be necessary to seal up counted and rejected ballot papers in separate packets.
- (7) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death, subject to paragraphs (8) and (9).
- (8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
- (9) No order may be made for—
- (a) the production or inspection of any ballot papers, or
- (b) for the opening of a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll,
unless the order is made by a court with reference to a prosecution.
SCHEDULE 2 — THE LONDON MEMBERS ELECTION RULES
PART 1 — General Provisions
Citation
1
This Schedule may be cited as the London Members Election Rules.
Interpretation
2
- (1) In the rules in this Schedule, unless the context indicates otherwise—
- “election” means an election for the return of the London members;
- “individual candidate” means a candidate other than a list candidate at an election for the return of London members;
- “list candidate” means a person included on a party list;
- “local count” means the count of the London votes given for a registered party or, as the case may be, an individual candidate, at an election in an Assembly constituency;
- “London vote” has the same meaning as in Part 1 of the 1999 Act;
- “party list” means a list delivered to the GLRO in accordance with paragraph 5 (party lists and individual candidates) of Part 2 of Schedule 2 to the 1999 Act on behalf of a party registered under Part 2 (registration of political parties) of the 2000 Act.
- (2) Reference to a rule by number alone is a reference to the rule so numbered in this Schedule.
PART 2 — Provisions As To Time
Timetable
3
The proceedings at the election must be conducted in accordance with the following timetable:
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
- (c) a day appointed for public thanksgiving or mourning,
must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor must the CRO be obliged to proceed with the counting of the 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 in England and Wales.
PART 3 — Stages Common To Contested And Uncontested Elections
Notice of election
5
- (1) The GLRO must publish in each Assembly constituency notice of the election stating—
- (a) the place and times at which nomination papers and party lists 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 and party lists may be obtained at that place and those times.
- (2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 10 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 proxy, and
- (b) other applications and notices about postal or proxy voting,
must reach the registration officer for local government electors in order that they may be effective for the election.
Nomination of candidates: individual candidates
6
- (1) Each individual candidate must be nominated by a separate nomination paper that must be—
- (a) in the appropriate form, and
- (b) delivered to the GLRO in accordance with the following provisions of this rule and rule 8.
- (2) The nomination paper of an individual candidate must state the candidate's—
- (a) full names, and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) if desired, a description consisting of the word “independent”,
and the surname must be placed first in the list of names.
Nomination of candidates: list candidates
7
- (1) A registered party which is a qualifying party and is to stand at the election of London members must be nominated by the delivery of a nomination paper which must be—
- (a) in the appropriate form, and
- (b) delivered to the GLRO by the party's registered nominating officer, or a person authorised in writing by him, in accordance with the following provisions of this rule and rule 8.
- (2) The registered party's nomination paper must—
- (a) state the authorised description by which the registered party is to stand for election,
- (b) include a statement, signed by the person issuing the paper, that it is issued either—
- (i) by the party's registered nominating officer, or
- (ii) on behalf of the party's registered nominating officer by a person authorised in writing by him, and
- (c) be accompanied by a party list which sets out the full names ... of each candidate included in that list.
- (3) An authorised description for the purposes of paragraph (2)(a) must be either—
- (a) the name of the party registered under section 28 of the 2000 Act , or
- (b) a description of the party, registered under section 28A of that Act.
- (4) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (2)(b) by or on behalf of a registered party's nominating officer.
- (5) For the purposes of the application of these rules in relation to an election—
- (a) “registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers and party lists at that election,
- (b) a registered party is a qualifying party if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.
Nomination papers: general provisions
8
- (1) The following provisions of this rule have effect in relation to nomination papers delivered under rules 6 and 7.
- (2) If an individual candidate or a candidate included on a party list—
- (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 rule 6(2)(a),
the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).
- (3) Each nomination paper must be delivered to the GLRO at the place specified by him in the notice of election, which must be at one of the offices of the Greater London Authority, and must be received by the GLRO before the last time for the delivery of nomination papers.
- (4) Where a nomination paper is delivered in respect of—
- (a) the same registered party, or
- (b) the same individual candidate,
after an earlier nomination paper has been delivered, that later paper must be deemed to supersede the earlier one.
- (4A) Subject to paragraph (4C), the nomination paper must be accompanied by a form (in this Schedule 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 that they are qualified by more than one of the qualifications mentioned in paragraph (4E), qualifying addresses;
- (b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (4E) that address relates to;
- (c) the attesting person’s—
- (i) full names, and
- (ii) home address in full.
- (4B) 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) where the candidate’s home address is in the United Kingdom, state the name of the relevant area;
- (ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.
- (4C) The nomination paper of a registered party must be accompanied by a home address form for each candidate included on the party list which accompanies that nomination paper.
- (4D) The provisions in paragraph (3) about the delivery of the nomination paper also apply to each home address form.
- (4E) 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 by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;
- (b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;
- (c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;
- (d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.
- (4F) 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(1)(b);
- “relevant area” means—in relation to a home address in England—if the address is within a district for which there is a district council, that district;if the address is within a county in which there are no districts, that county;if the address is within a London borough, that London borough;if the address is within the City of London (including the Inner and Middle Temples), the City of London;if the address is within the Isles of Scilly, the Isles of Scilly;in relation to a home address in Wales—if the address is within a county, that county;if the address is within a county borough, that county borough;in relation to a home address in Scotland, the local government area in which the address is situated;in relation to a home address in Northern Ireland, the local government district in which it is situated.
- (5) In this rule and in the following provisions of these rules, unless the context requires otherwise—
- (a) “nomination paper” includes a reference to—
- (i) the nomination paper of a registered party, and
- (ii) the nomination paper of an individual candidate;
- (b) “nomination paper of a registered party” includes a reference to a party list.
Consent to nomination
9
- (1) A person will not be validly nominated (whether as an individual candidate or a list candidate) unless his consent to nomination—
- (a) is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers;
- (b) is attested by one witness ...; and
- (c) is delivered at the place and within the time for delivery of nomination papers.
- (2) A candidate's consent given under this rule must—
- (a) state the day, month and year of his birth;
- (b) contain a statement that he has read whichever of sub-paragraphs (5) and (6) of paragraph 5 of Schedule 2 to the 1999 Act (persons who many not be candidates) applies in his case; and
- (c) contain a statement that to the best of the candidate's knowledge and belief he is not disqualified from being elected by reason of—
- (i) any disqualification set out in section 21 or 21A (disqualification from being the Mayor or an Assembly member) of the 1999 Act, ...
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iii) an order made under section 34(4) of the Localism Act 2011(offences) or section 30 of the Elections Act 2022 (disqualification orders).
Deposits
10
- (1) A person will not be validly nominated as an individual candidate at the election unless the sum of £5,000 is deposited by him, or on his behalf, with the GLRO at the place and during the time for delivery of nomination papers and party lists.
- (2) A registered party (and anyone on its party list) will not be validly nominated unless the sum of £5,000 is deposited on its behalf with the GLRO at the place and during the time for delivery of nomination papers and party lists.
- (3) 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 GLRO's consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,
but the GLRO 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.
- (4) Where the deposit is made on behalf of an individual candidate, the person making the deposit must at the time he makes it give his name and address to the GLRO, 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
11
- (1) Where, in the case of an individual candidate, a nomination paper (“individual nomination paper”) and the candidate's consent to it and a home address form are delivered, and a deposit is made, in accordance with these Rules, the candidate will be deemed to stand nominated unless and until—
- (a) the GLRO decides that the nomination paper is invalid, or
- (aa) the GLRO decides that the candidate’s home address form—
- (i) does not comply with the requirements of rule 8(4A), or
- (ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b), or
- (b) proof is given to the GLRO's satisfaction of the candidate's death, or
- (c) the candidate withdraws.
- (2) Where the nomination paper of a registered party and the consent of each candidate and a home address form in respect of each candidate included in that party's list are delivered, and a deposit is made, in accordance with these Rules, that party and (subject to paragraph (6)) each candidate on its list must be deemed to stand nominated unless and until the GLRO decides that the nomination paper is invalid.
- (3) As soon as practicable after each nomination paper and each home address form have been delivered, the GLRO must examine them and decide whether the individual candidate, or as the case may be each registered party and each candidate included in that party's list, has been validly nominated.
- (4) The GLRO is entitled to hold an individual nomination paper invalid only on the grounds that the particulars of the candidate on the nomination paper are not as required by law or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.
- (5) The GLRO is entitled to hold the nomination paper of a registered party invalid only on one of the following grounds—
- (a) that the authorised description stated under rule 7(2)(a) breaches rule 7(3);
- (b) that the nomination paper does not contain the statement referred to in rule 7(2)(b);
- (c) that the number of candidates on the list is greater than 25.
- (6) Where, in respect of a candidate included in a party list—
- (a) proof is given to the GLRO's satisfaction of his death;
- (b) he withdraws or his candidature is withdrawn in accordance with rule 15;
- (c) his particulars in that list are not as required by law;
- (d) the consent to nomination of that candidate is not delivered in accordance with rule 9,
- (e) the candidate’s home address form—
- (i) does not comply with the requirements of rule 8(4A), or
- (ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b),
the GLRO must delete the name and address of that candidate from the list.
- (7) Where the GLRO has decided under paragraph (3)—
- (a) that an individual nomination paper is invalid,
- (b) that the nomination paper of a registered party is invalid or that the name and address of a list candidate must be deleted from the list,
he must endorse and sign on the nomination paper to record that decision and the reasons for his decision.
- (8) The GLRO must, as soon as practicable after making such a decision under paragraph (3) that a home address form is valid or invalid, send notice of that decision—
- (a) to the candidate at his home address as given in his nomination paper, and
- (b) in the case of a list candidate, also to the nominating officer.
- (9) Where in the GLRO's opinion the nomination paper of a registered party is invalid on the grounds in paragraphs (5)(a) or (b), then 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 end of the period for the delivery of nomination papers set out in the timetable in rule 3.
- (10) The GLRO's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.
- (11) Subject to paragraph (10), 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 GLRO must prepare and publish a statement showing—
- (a) each registered party which has been and stands nominated, together with that party's list,
- (b) the persons who have been and stand nominated as individual candidates, and
- (c) any other parties or persons who have been nominated, together with the reason why they no longer stand nominated.
- (2) If an individual's nomination paper or person's entry on a party list gives a commonly used surname or forename, or both surname and forename, in accordance with rule 8(2), the statement must show the person's commonly used surname or forename, or both surname and forename (as the case may be) instead of the other surname or forename.
- (3) Paragraph (2) does not apply if the GLRO 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.
- (4) If paragraph (3) applies, the GLRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.
- (5) The statement must show, in the following order—
- (a) the registered parties which have been and stand nominated, set out in alphabetical order according to the authorised descriptions given in the nomination papers,
- (b) the names ... of the list candidates as given in party lists, arranged in the order in which their names appear in those lists,
- (c) the names ... and descriptions (if any) of the persons standing nominated as individual candidates, 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.
- (5A) The statement must also show the following information contained in the home address form—
- (a) where the statement in rule 8(4B)(a) is made requiring the home address of the candidate not to be made public, the information mentioned in rule 8(4B)(b);
- (b) in any other case, the home address of the person nominated.
- (5B) 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) each of the persons in question has made the statement mentioned in rule 8(4B)(a), and
- (c) the information mentioned in rule 8(4B)(b) is the same for each of them,
the GLRO may cause any of their particulars to be shown on the statement with such amendments or additions as the GLRO thinks appropriate in order to reduce the likelihood of confusion.
- (5C) Where it is practicable to do so before the publication of the statement, the GLRO must consult any person whose particulars are to be amended or added to under paragraph (5B).
- (5D) The GLRO must give notice in writing to any person whose particulars are amended or added to under paragraph (5B).
- (5E) Anything done by the GLRO in pursuance of paragraph (5B) must not be questioned in any proceedings other than proceedings on an election petition.
- (5F) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (5B).
- (6) In the case of an individual candidate nominated by more than one nomination paper, the GLRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the GLRO in default of the candidate) may select.
Correction of minor errors
13
- (1) The GLRO may, if he thinks fit, at any time before the publication under rule 12 of the statement of parties and 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 party or candidate,
- (c) errors as to the information mentioned in rule 8(4B)(b).
- (3) Anything done by the GLRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.
- (4) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
Inspection of nomination papers and consent to nomination
14
- (1) During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from—
- (a) a nomination paper, or
- (b) the consents to nomination.
- (2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).
Withdrawal or death of candidate
15
- (1) An individual candidate or a candidate on a party's list may withdraw his candidature by notice of withdrawal—
- (a) signed by him and attested by one witness, whose name and address must be given, and
- (b) delivered to the GLRO at the place for delivery of nomination papers and party lists,
by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.
- (2) The nominating officer of a registered party, or a person authorised in writing by him may withdraw that party's nomination by a notice of withdrawal signed by him and delivered to the returning officer at the place for delivery of nomination papers and party lists.
- (3) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom will 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 will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.
- (4) If before the result of the election is declared, proof is given to the GLRO's satisfaction that an individual candidate who is named (or is to be named) in the ballot papers or a candidate whose name appears on a party list has died, then (in addition to complying with any other requirement of these rules relevant to that event) the GLRO must—
- (a) inform each CRO of the death of the candidate;
- (b) in the case of a person whose name is included in a party list, remove that person's name from that list.
Method of election
16
If, after any withdrawals under rule 15, the number of persons remaining validly nominated exceeds the number of seats available for allocation to London members, then, unless all of those persons are named on the same party list, a poll must be taken in accordance with Part 4 of these Rules.
PART 4 — Contested Elections
Poll to be taken by ballot
17
The votes at the poll must be given by ballot to enable the seats for London members to be allocated to registered parties and individual candidates in accordance with paragraphs 7 and 8 of Part 2 of Schedule 2 to the 1999 Act.
The ballot papers
18
- (1) The ballot of every voter must consist of a ballot paper which must be in the appropriate form.
- (2) Each registered party that remains validly nominated at the election and whose party list includes a person who remains validly nominated as a list candidate, after any withdrawals, and no other, is entitled to have its authorised description inserted in the ballot paper.
- (3) Each person remaining validly nominated as an individual candidate at the election, after any withdrawals, and no other, is entitled to have their name inserted in the ballot paper.
- (4) Every ballot paper—
- (a) must , so far as practicable for the purposes of electronic counting, be printed in accordance with the directions set out in the Forms Schedule,
- (b) must contain the authorised descriptions of the registered parties; and the names and other particulars of the individual candidates as shown in the statement of persons nominated,
- (c) must have a number and other unique identifying mark printed on the back, and
- (d) may, in the case of ballot papers for use at polling stations, be marked with the words “do not fold”.
- (5) If a request is made by or on behalf of a registered party's nominating officer, the ballot paper must contain, against the party's authorised description, the party's registered emblem (or, as the case may be, one of the party's registered emblems).
- (6) The request under paragraph (5) must—
- (a) be made in writing to the GLRO, and
- (b) be received by him during the period for delivery of nomination papers and party lists set out in the timetable in rule 3.
- (7) The order of the authorised descriptions of the registered parties and the names of the individual candidates must be in the same order as in the statement of parties and persons nominated.
- (8) The GLRO must supply the ballot papers for use at the election to the CRO by such date as may be agreed between them.
- (9) The ballot papers supplied under paragraph (8) must be of a different colour from those used at any other Authority election.
The corresponding number list
19
- (1) The CRO 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(1) or provided by him in pursuance of rule 29(1).
- (2) The list must be in the appropriate form or a form to like effect.
- (3) At an ordinary election, the same list may be used for each Authority election with which the election is combined.
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 must intervene between the use of the same official mark at any Authority election.
- (3) The GLRO 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 may, in any legal proceeding to question the election, be required to state for which candidate or party he has voted.
Use of schools and public rooms
22
- (1) The CRO 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.
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