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The Greater London Authority Elections Rules 2007

Type Statutory-Instrument

Publication 2007-12-17

Last updated 2024-12-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) Where the sum of ...votes given for all registered parties and individual candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (3) 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.

Return or forfeiture of candidate's deposit

58

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

(2) Subject to paragraph (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 will 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 individual candidate or registered party is not shown as standing nominated in the statement of persons nominated, or if proof has been given to the GLRO before the allocation of seats of the death of an individual candidate, then the deposit must be returned as soon as practicable after the publication of the statement or after the individual candidate's death, as the case may be.

(5) Where a poll is taken, if, after the declaration under rule 57, a candidate or registered party is found not to have polled more than one-fortieth of the total number of votes polled by all the candidates and registered parties, the deposit must be forfeited to the Greater London Authority.

PART 6 — Disposal Of Documents

Sealing up of ballot papers

59

(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,

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

Delivery and retention of documents

60

(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 45 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

61

(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,

(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 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 as to employment on the day of the poll or containing the electronic record.

Retention and destruction of documents and records

62

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 — List Candidates And The Filling Of Vacancies

Interpretation of Part 7

63

In this Part—

“dual candidate” means a person—whose name, subject to rule 65, falls to be notified as mentioned in subsection (6) of section 11 (filling a vacancy among the London members) of the 1999 Act, andwho is a candidate (otherwise than at an ordinary election) for election—as the Mayor of London, oras a constituency member,

“nominating officer”, in relation to a registered party and a vacancy in the office of a London member, means the person who holds that office in the party at the time at which the vacancy arises, and

“paragraph (1) notice” has the meaning given by rule 65(1).

Removal from a party list on election as Mayor or as a constituency member

64

(1) Where a person whose name is for the time being included in a party list is elected (otherwise than at an ordinary election)—

(a) as the Mayor of London, or

(b) as a constituency member,

his name must be removed from that list.

(2) For the purposes of this Part, the name of a person to whom paragraph (1) applies must be treated as ceasing to be included in the list from the date on which he is returned as the Mayor or a constituency member, as the case may be (even if his return is void).

(3) Where proof is given to the GLRO's satisfaction that a person whose name is for the time being included in a party list has died, then the GLRO must remove that person's name from that list.

Notification of vacancy

65

(1) As soon as the office of a London member who was returned from a registered party's list becomes vacant, the GLRO must simultaneously give or send to—

(a) the party's nominating officer, and

(b) the person whose name would, in accordance with subsection (6) of section 11 (filling a vacancy among the London members) of the 1999 Act (and on the assumption that he satisfies the conditions in subsection (4) of that section), be so notified,

written notice (“paragraph (1) notice”) of the matters specified in paragraph (2).

(2) The matters specified in this paragraph are–

(a) the vacancy,

(b) that the nominating officer may, by notice in writing delivered to the GLRO not later than one month after the date of the paragraph (1) notice, give the notice referred to in subsection (5)(b) of section 11 of the 1999 Act, and

(c) that the person must, by notice in writing delivered to the GLRO not later than one month after the date of the paragraph (1) notice, indicate whichever of the following apply to him—

(i) that he is willing to serve as a London member (“notice of willingness”),

(ii) that he is not willing to serve as a London member, and

(iii) that he is a dual candidate.

(3) The GLRO must not notify the Chair of the London Assembly as mentioned in section 11(3) of the 1999 Act until—

(a) the period mentioned in paragraph (2)(b) has elapsed, and

(b) he has received a notice of willingness, and

(c) if the person by whom notice of willingness has been given is a dual candidate, the result of the election for which he is a Mayoral or constituency member candidate has been declared.

Unwilling candidate or objection by registered party

66

Where the GLRO receives a notice under rule 65(2)(c)(ii) or section 11(5)(b) of the 1999 Act he must again send a paragraph (1) notice, but with the substitution, for the name of the person to whom the first such notice was sent, of the name of the person who, on the same assumption, would be the next person whose name would be notified in accordance with section 11(6) of that Act; and so on until, in respect of such a person—

(a) no notice is given under section 11(5)(b) of that Act, and

(b) a notice of willingness has been received.

Acceptance of office and further notification

67

(1) As soon as practicable after the GLRO has identified the person who is to fill the vacancy, he must invite him to attend at his office to sign the declaration of acceptance of office.

(2) In a case to which section 11(3) of the 1999 Act applies, as soon as practicable after the declaration of acceptance of office has been signed, the GLRO must notify the Chair of the London Assembly as mentioned in that subsection.

PART 8 — Returns And Declarations As to Election Expenses

Declarations as to election expenses

68

(1) Subject to paragraph (2), the form of the declaration required by section 82(1) of the 1983 Act (agent's declaration as to election expenses), in the circumstances mentioned in subsection (2A)(a) of that section, is that set out in part 1 of Form 20 of the Forms Schedule.

(2) In a case to which section 82(5A) of the 1983 Act applies, the declaration referred to in paragraph (1) must be modified as specified in part 2 of Form 20.

(3) Subject to paragraph (4), the form of the declaration required by section 82(2) of the 1983 Act (candidate's declaration as to election expenses), in the circumstances mentioned in subsection (2A)(b) of that section must be that set out in part 1 of the Form 21 of the Forms Schedule.

(4) In a case to which section 82(5A) of the 1983 Act applies, the declaration referred to in paragraph (3) must be modified as specified in part 2 of Form 21.

SCHEDULE 3 — THE MAYORAL ELECTION RULES

PART 1 — General Provisions

Citation

1

This Schedule may be cited as the Mayoral Election Rules.

Interpretation

2

(1) In the rules in this Schedule, unless the context indicates otherwise—

“candidate” means a candidate to be the Mayor;

“election” means an election for the return of the Mayor;

(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

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 are to be delivered, and

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

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

(2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 9 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

6

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

(a) in the appropriate form, and

(b) delivered to the place fixed for the purpose by the GLRO, which must be at one of the offices of the Greater London Authority, before the last time for the delivery of nomination papers.

(2) A nomination paper must state the candidate's—

(a) full names, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(3) If a candidate—

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

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

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(4) The description (if any) can only be—

(a) one authorised as mentioned in paragraph (5) or (7), or

(b) the word “Independent”.

(5) A nomination paper may not include a description of a candidate that is likely to lead electors to associate the candidate with a registered party unless—

(a) the party is a qualifying party in relation to Greater London, and

(b) the description is authorised by a certificate—

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

(ii) received by the GLRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.

(6) In paragraph (5) an authorised description may 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.

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

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

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

(8) For the purposes of paragraph (7), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act .

(9) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) or (7) on behalf of a registered party's nominating officer.

(9A) 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 (9D), qualifying addresses;

(b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (9D) that address relates to;

(i) full names, and

(ii) home address in full.

(9B) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires the 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.

(9C) The provisions in paragraph (1)(b) about the delivery of the nomination paper also apply to the home address form.

(9D) 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 the addresses, at which the candidate has so resided.

(9E) 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 8(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.

(10) 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 at that election,

(b) a registered party is a qualifying party in relation to Greater London 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.

(11) For the purposes of paragraph (10)(a), any day falling within rule 4(1) must be disregarded.

Subscription of nomination papers

7

(1) The nomination paper of a candidate must be subscribed by at least 66 persons each of whom is entitled to vote at the election; and in relation to each London borough and the City, at least two of the subscribers must be electors who are ordinarily resident in the borough or, as the case may be, the City.

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

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

(3A) A person must not subscribe more than one nomination paper at the same election.

(3B) Paragraph (3A) does not prevent a person subscribing a further nomination paper where the previously nominated candidate has either died or withdrawn.

(4) The GLRO—

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

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

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

(5) In this rule—

“elector” means a person named as a local government elector in the register being used at the election in that Assembly constituency, and includes a person shown in the register as below voting age if it appears from the register that he will be of voting age on the day fixed for the poll, but does not include a person who has an anonymous entry in the register.

“electoral number” means—a person's number in that register, orpending publication of the register, his number (if any) in the electors list for that register.

8

(1) A person will not be validly nominated 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

(2) A candidate's consent given under this rule must—

(a) state the day, month and year of his birth; and

(b) 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

9

(1) A person will not be validly nominated as a candidate unless the sum of £10,000 is deposited by him, or on his behalf, with the GLRO at the place and during the time for delivery of nomination papers.

(2) The deposit may be made either—

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

(b) by means of a banker's draft, or

(c) with the 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.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the 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

10

(1) Where a nomination paper and the candidate's consent to it and a home address form are delivered, and the deposit is made, in accordance with these Rules, the candidate must 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 home address form—

(i) does not comply with the requirements of rule 6(9A), or

(ii) if the form contains a statement under rule 6(9B)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(9B)(b), or

(b) proof is given to the GLRO's satisfaction of the candidate's death, or

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

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

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

(d) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(2A) If, contrary to rule 7(3A), a person subscribes more than one nomination paper the GLRO, in determining whether a paper is subscribed as so required under paragraph (2)(b)—

(a) must only take the person’s signature into account in respect of the first nomination paper delivered under rule 6(1)(b) on which the person’s signature appears,

(b) must, where the person’s signature appears on a nomination paper delivered subsequently, find that the paper is not subscribed as so required if the signature appears within the first 330 signatures on the paper, regardless of whether the paper contains more than 330 signatures.

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

(4) If in the GLRO's opinion a nomination paper breaks rule 6(5) or (7), 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.

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

(6) The GLRO must, as soon as practicable after making such a decision in accordance with paragraph (3) or (4) that a nomination paper is valid or invalid, send notice of it to the candidate at his home address as given in his home address form.

(7) The GLRO's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

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

Publication of statement of persons nominated

11

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

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

(2A) The statement must also show the following information contained in the home address form—

(a) where the statement mentioned in rule 6(9B)(a) is made requiring the candidate’s home address not to be made public, the information mentioned in rule 6(9B)(b);

(b) in any other case, the home address of the person nominated.

(3) If a person's nomination paper gives a commonly used surname or forename, or both surname and forename in accordance with rule 6(3), 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.

(4) Paragraph (3) 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.

(5) If paragraph (4) 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.

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

(6A) 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 in rule 6(9B)(a), and

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.

(6B) 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 (6A).

(6C) The GLRO must give notice in writing to any person whose particulars are amended or added to under paragraph (6A).

(6D) Anything done by the GLRO in pursuance of paragraph (6A) must not be questioned in any proceedings other than proceedings on an election petition.

(6E) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (6A).

(7) In the case of a person 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

12

(1) The GLRO may, if he thinks fit, at any time before the publication under rule 11 of the statement of persons nominated, correct minor errors in a nomination paper or home address form.

(2) Errors which may be corrected include—

(a) errors as to a person's electoral number,

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

(3) Anything done by 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.

13

(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, nomination papers and consents to nomination.

(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

Withdrawal of candidature

14

(1) A candidate 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,

by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.

(2) 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.

Method of election

15

If, after any withdrawals under rule 14—

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

(b) two or more candidates remain validly nominated, a poll must be taken in accordance with Part 4;

PART 4 — Contested Elections

Poll to be taken by ballot

16

The votes at the poll must be given by ballot.

The ballot papers

17

(1) The ballot of every person entitled to a mayoral vote at the election must consist of a ballot paper which must be in the appropriate form.

(2) Each person remaining validly nominated at the election, after any withdrawals, and no other, is entitled to have their name inserted in the ballot paper at that election.

(3) 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 names and other particulars of the candidates as shown in the statement of persons nominated,

(d) may, in the case of ballot papers for use at polling stations, be marked with the words “do not fold”.

(4) If a candidate who is the subject of a party's authorisation under rule 6(5) so requests, the ballot paper must contain, against the candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).

(4A) If a candidate who is the subject of an authorisation by two or more parties under rule 6(7) so requests, the ballot paper must contain, against the candidate’s particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.

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

(a) be made in writing to the GLRO, and

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

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

(7) The GLRO must supply the ballot papers for use at the election to the CRO by such date as may be agreed between them.

(8) The ballot papers supplied under paragraph (7) must be of a different colour from those used at any other Authority election with which the election is taken.

The corresponding number list

18

(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 23(1) or provided by him in pursuance of rule 28(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

19

(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

20

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

Use of schools and public rooms

21

(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.

(2) In relation to an election to fill a vacancy in the office of the Mayor, the CRO must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as is mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.

Notice of poll

22

(1) The GLRO must, in accordance with the timetable in rule 3, publish notice of the poll stating—

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

(b) particulars of each candidate remaining validly nominated,

and rule 11(6) applies in relation to the order in which names and particulars appear on the notice of the poll as it applies in relation to the statement of persons nominated.

(2) The CRO must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station, and

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

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

(3) At an ordinary election, the notice of poll must include the heading “GREATER LONDON AUTHORITY ELECTION”.

Postal ballot papers

23

(1) The CRO must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement, together with such envelopes for their return as may be prescribed in such regulations.

(2) The postal voting statement must be in the appropriate form or a form to like effect.

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

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

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

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

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

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

(6) Where the proceedings on the issue and receipt of postal ballot papers at the election are taken together with any other Authority election the appropriate form of postal voting statement under paragraph (2) may be the joint postal voting statement which must be in the appropriate form or form to like effect.

Provision of polling stations

24

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

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

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

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

(5) The CRO must ensure that each polling station contains an area in which voters can produce proof of identity in private.

Appointment of presiding officers and clerks

25

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

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

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Part to do at a polling station except—

(a) order the arrest, exclusion or removal of any person from the polling station,

(b) refuse to deliver a ballot paper under rule 36(3) or rule 38(1E) (including that rule as applied by rule 39, 40 or 41), or

Issue of official poll cards

26

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

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

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

(a) that the election is a mayoral election,

(b) the elector's name, qualifying address and number on the register,

(d) such other information as the CRO thinks appropriate,

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

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

(5) At an ordinary election, the CRO must issue a combined poll card in the appropriate form.

(6) In this rule “elector” means—

(a) an elector with an entry on the register to be used at the election on the last day for the publication of the notice of the election, and

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

Information for voters

27

(1) At an ordinary election, the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.

(2) The information for voters given in the election booklet may include information about—

(a) the office of the Mayor and the London Assembly,

(b) the system of voting at each Authority election,

subject to paragraph (3), may include any other information given in exercise of the GLRO's duty under section 69 (encouraging electoral participation) of the 2006 Act.

(3) The information for voters must not contain–

(a) any advertising material,

(b) any material referring to a candidate or a registered party other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election,

(c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Equipment of polling stations

28

(1) The CRO must provide each presiding officer with—

(a) such ballot papers as may be necessary, and

(b) such ballot boxes as may be necessary having taken account of any direction made by the GLRO in accordance with paragraph (9).

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

(3) The CRO must provide each polling station with—

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

(b) copies of the register of electors for such part of it as contains the entries relating to the electors allotted to the station,

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

(d) a list consisting of that part of the list prepared under rule 18 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

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

(4A) The CRO must also provide each polling station with a ballot paper refusal list, in the appropriate form or a form to like effect, on which entries are to be made as mentioned in rule 42A (refusal to deliver ballot paper).

(5) The CRO must also provide each polling station with such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 38 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(a) blindness or partial sight, or

(b) another disability.

(5A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5) of this rule as it applies for the purposes of that rule, but as if—

(a) the reference in that paragraph to the returning officer were a reference to the CRO, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5) of this rule.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The enlarged sample copies of the ballot paper that the GLRO is required to provide, or cause to be displayed at every polling station (in accordance with section 199B(5) and (7) of the 1983 Act) must—

(a) be provided to the CRO who will deliver them to the polling stations, and

(b) be printed on paper of the same colour as the ballot paper at the election.

(8) The CRO must also provide each polling station with notices for the guidance of voters, which must be exhibited—

(a) outside the polling station,

(b) inside the polling station—

(i) in the communal areas, and

(ii) in every voting compartment.

(8A) A large notice must be displayed inside each polling station containing—

(a) details of the documents the voter needs to produce when applying for a ballot paper, namely—

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

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

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

(9) If the GLRO thinks fit he may, not later than the date of the notice of election, direct the CRO that joint ballot boxes must be used for the ballot papers at the election and any or all Authority elections with which the election is taken.

Notices for the guidance of voters

29

(1) The GLRO must prepare and provide each CRO with the notices to be exhibited under rule 28(8).

(2) The GLRO may provide each CRO with versions of the notices in such other form as he thinks appropriate, in accordance with section 199B (translations etc of certain documents) of the 1983 Act.

(3) Notices for the guidance of voters exhibited under rule 28(8) or paragraph (2) must be in the appropriate form, but may include such alternative information relating to Authority elections as—

(a) meets with the requirements of the Notices Schedule, and

(b) the GLRO may decide.

(4) Notices provided under paragraph (2) may, if the CRO agrees, be exhibited at any polling station—

(a) outside the polling station,

(b) inside the polling station—

(i) in the communal areas,

(ii) in every voting compartment.

Appointment of polling and counting agents

30

(1) Before the commencement of the poll, each candidate may appoint—

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

(b) counting agents to attend at the mayoral count.

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

(3) For each local count, one (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.

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

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

(6) The CRO may limit the number of counting agents, but in doing so must ensure that—

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

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

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

(8) Notice in writing of the appointment of polling and counting agents, stating the names and addresses of the persons appointed, must be given by the candidate to the CRO and must be so given not later than the fifth day (computed in accordance with rule 4) before the day of the poll.

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

(10) Any appointment authorised by this rule may be made and the notice of appointment given to the CRO by the candidate's election agent, instead of by the candidate.

(11) In the following provisions of this Part references to polling agents and counting agents must be taken as reference to agents—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted numbers.

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

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

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

(15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

31

(1) The CRO must make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy of the provisions of subsections (1), (3) and (6) of section 66 (requirement of secrecy) of the Representation of the People Act 1983 , and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy of the provisions of subsections (2) and (6) of that section.

(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).

Return of postal ballot papers

32

(1) Where—

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

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

the CRO must mark the list in the manner prescribed by regulations made under the 1983 Act .

(2) Rule 49(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Admission to polling station

33

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

(a) voters,

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

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 49(3)(b);

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

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

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

(g) the constables on duty, and

(h) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same candidate.

(4) A constable or person employed by the CRO must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form and signed by an officer of the police of or above the rank of inspector or by the CRO, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.

Keeping of order in station

34

(1) It is the presiding officer's duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station—

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the CRO to remove him,

and the person so removed must not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

35

Immediately before the commencement of the poll, the presiding officer must—

(a) show each ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the boxes are empty,

(b) lock up such of the boxes as have locks,

(i) on each lock, and

(ii) on each ballot box which has no lock,

in such a manner as to prevent its being opened without breaking the seal,

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

(e) keep each box locked and sealed or, as the case may be, sealed.

Questions to be put to voters

36

(1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a) may be put by the presiding officer to a person who is mentioned in the first column, and

(b) must be put if (where applicable) the person has answered the previous question in the manner indicated, and the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put.

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

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register must be taken as references to reading from the notice issued under those subsections.

(2A) Where a clerk—

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

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

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

(3) Where the presiding officer—

(a) gives a person the required information,

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

the officer must refuse to deliver a ballot paper to the person (and see rule 42A (procedure where ballot paper is refused under this paragraph)).

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

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

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

(3B) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

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

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

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

(b) giving false information may be an offence.

Challenge of voter

37

A person must not be prevented from voting because—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

38

(1) Subject to rule 36(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

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

(b) the number of the elector must be marked on the list mentioned in rule 28(3)(d) beside the number of the ballot paper to be issued to him,

(c) a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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