The Greater London Authority Elections Rules 2007
- (3) Where separate ballot boxes are used for the ballots at the election and each relevant election and referendum, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.
- (4) Where the same ballot boxes are used for the election and other Authority elections, but not for other relevant elections or referendums—
- (a) the CRO must not mix the ballot papers for Authority elections from any ballot box or container with the contents of any other ballot box or container (including a postal ballot box) during the conduct of verification (where this occurs under paragraph (1)), the count or any re-count;
- (b) the ballot boxes from each polling station for the Authority elections shall be opened together and the ballot papers counted (but not necessarily the votes on them) and verified together.
- (5) A postal ballot paper must not be taken to be duly returned unless—
- (a) it is returned in the manner set out in paragraph (6) and reaches the CRO or any polling station in the appropriate area (as defined in paragraph (7)) before the close of the poll,
- (b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches him or such 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.
- (6) 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 appropriate area, is by hand.
- (6A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station in the appropriate area at or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
- (7) For the purposes of paragraphs (5), (6) and (6A), “polling station in the appropriate area” means a polling station—
- (a) in the area which is common to the Assembly constituency, and parliamentary constituency ..., electoral area or voting area, as the case may be, in which the polls at the Authority election and a relevant election or referendum are being taken together, and
- (b) in respect of which polls the voter has been issued with a postal ballot paper.
- (8) After the completing the proceedings in paragraph (1) or (2), the CRO must cause the electronic counting system to process the ballot papers for the election so as to count—
- (a) the number of ballot papers, and
- (b) votes given on the ballot papers.
- (9) The CRO must not cause the electronic counting system to count any tendered ballot paper.
- (10) Subject to paragraph (11), the CRO must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.
- (11) The CRO may verify each ballot paper account for the election 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).
- (12) 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.
- (13) 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.
- (14) 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.
- (15) 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, in his discretion, decide 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, or
- (aa) the completed ballot paper refusal list, or
- (b) certificates as to employment on duty on the day of the poll.
- (5) Where the CRO discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, he must also not open the sealed packets of—
- (a) the completed corresponding number lists,
- (b) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.
Delivery and retention of documents
57
- (1) The 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.
- (2) At an election where the returning officer does not discharge the functions referred to in regulation 5 of the Combination of Polls Regulations, paragraph (1) must have effect as if sub paragraphs (d), (e) and (f) were omitted.
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 or election petition.
- (10) The countermand of the notice of poll or abandonment of the poll at the election, will not effect the poll at each relevant election or referendum.
SCHEDULE 6 — 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—
- “Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
- “counting observer” has the same meaning as in regulation 2 of the Referendum Regulations;
- “counting officer” has the same meaning as in regulation 9 of the Referendum Regulations;
- “election” means an election for the return of the London members;
- “electoral area” where the Authority election is held together with a referendum, includes a voting area where the referendum is held;
- ...
- “individual candidate” means a candidate other than a list candidate at an election for the return of London members of the London Assembly;
- “list candidate” means a person included on a party list;
- “local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;
- “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 ;
- “petition organiser” has the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 ;
- “polling observer” has the same meaning as in regulation 2 of the Referendum Regulations;
- “referendum” means a referendum conducted under the Referendum Regulations;
- “Referendum Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ;
- “relevant election or referendum” means one or more of the following—a Parliamentary election,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a local government election (including another Authority election where more than one is taken together),a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 ;
- “voting area” has the same meaning as in regulation 2 of the Referendum Regulations.
- (2) In the case of a referendum, a reference to a—
- (a) “candidate” shall be construed as a reference to a counting observer,
- (b) “election agent” shall be construed as a reference to a counting observer,
- (c) “polling agent” shall be construed as a reference to polling observer,
- (d) “returning officer” shall be construed as a reference to a counting officer.
- (3) 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 that 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 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 and party lists.
- (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, or
- (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, arranged 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 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 which 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 their 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 relevant election or referendum with which the election is taken.
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.
- (2) The CRO must make good any damage done to, and defray an expense incurred by the persons having control over, any such room as mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.
Notice of poll
23
- (1) The 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) the number of seats for London members available for allocation at that election,
- (c) the authorised description of each registered party whose party list includes persons who remain validly nominated as list candidates, and
- (d) the name and description (if any) of each individual candidate remaining validly nominated,
and rule 12(5) applies in relation to the order in which that information appears 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) The notice published under paragraph (2) shall—
- (a) state that the poll at the election is to be taken together with the poll at a relevant election or referendum as the case may be,
- (b) specify the parliamentary constituency ..., relevant London borough, or voting area; and in the case of an election to fill a casual vacancy, the electoral area for which the relevant election or referendum is held, and
- (c) where the polls are to be taken together in part of the Borough only, specify that part.
- (4) The notice of poll must include the heading “GREATER LONDON AUTHORITY ELECTION”.
Postal ballot papers
24
- (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,
- (c) graphical representations 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 a relevant election or referendum 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
25
- (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
26
- (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 37(3) or rule 39(1E) (including that rule as applied by rule 40, 41 or 42), or
- (c) resolve doubts over identity as mentioned in rule 39(1F) (including that paragraph as applied by rule 40, 41 or 42).
Issue of official poll cards
27
- (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 of London members of the London Assembly at an ordinary election,
- (b) the elector's name, qualifying address and number on the register,
- (c) the date and hours of the poll and the situation of the elector's polling station, and
- (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) If the CRO and the returning officer for each relevant election or referendum agree, the poll card issued under this rule may be combined with the official poll card for the relevant election or referendum, with necessary adaptations.
- (7) 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
28
- (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,
- (c) how to vote in a manner that will ensure a vote is regarded as validly cast, and
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
29
- (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 or 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 notice of the death of any person of whose death he has been informed as mentioned in rule 15(4),
- (e) a list consisting of that part of the list prepared under rule 19 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.
- (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 43A (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 39 (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 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 relevant elections or referendums with which the election is taken.
- (10) Where separate ballot boxes are to be used for the election and every relevant election or referendum, each ballot box shall be clearly marked with—
- (a) the election or referendum to which it relates, as shown on the ballot papers for that election or referendum, and
- (b) the words “Place the [specify colour of ballot papers in question] ballot paper here”.
- (11) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, references in this rule to the CRO should be read as references to the returning officer who does discharge those functions.
Notices for the guidance of voters
30
- (1) The GLRO must prepare and provide each CRO with the notices to be exhibited under rule 29(8).
- (2) The GLRO may also 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 29(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.
- (5) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, references in this rule to the CRO should be read as references to the returning officer who does discharge those functions.
Appointment of polling and counting agents
31
- (1) Before the commencement of the poll—
- (a) each individual candidate, and
- (b) the election agent of each list candidate,
may appoint—
- (i) polling agents to attend at polling stations for the purpose of detecting personation, and
- (ii) counting agents to attend at the local count.
- (2) The same person may be appointed as a polling agent or counting agent by, or in the case of list candidates on behalf of, more than one candidate.
- (3) For each local count, one (but no more than one) counting agent of each registered party standing nominated or individual candidate, as the case may be, 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) a counting agent appointed for more than one list candidate must be deemed to be appointed for all the candidates on that list,
- (b) a counting agent appointed for more than one candidate (other than a list 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 these Rules references to polling agents and counting agents must be taken as references to agents—
- (a) whose appointments have been duly made and notified, and
- (b) where the number of agents is restricted, who are within the permitted numbers.
- (12) Any notice required to be given to a counting agent by the 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.
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