The Local Elections (Principal Areas) (Wales) Rules 2021

Type Welsh-Statutory-Instrument
Publication 2021-12-15
Last updated 2025-07-18
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
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  • (b) is also satisfied by the companion’s written declaration that the companion has attained the age of 16 and has not previously assisted more than one voter with disabilities to vote at the election.
  • (7) Where the application is granted—
  • (a) anything that is required to be done by these rules to the voter in connection with the giving of the vote may be done instead to the companion, and
  • (b) the voter may do anything that needs to be done in connection with the giving of the vote with the assistance of the companion.

Voting with the assistance of a companion: supplemental provision

45
  • (1) Where a vote is given with the assistance of a companion in accordance with rule 44, the presiding officer must then enter the following details in a list maintained by the presiding officer (“the list of voters with disabilities assisted by companions”)—
  • (a) the name and number of the voter, as shown in the copies of the registration records, and
  • (b) the name and address of the companion.
  • (2) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of voters with disabilities assisted by companions is the elector’s number.
  • (3) Where the voter has an anonymous entry, only the voter’s number in the copies of the registration records may be entered in the list of voters with disabilities assisted by companions.
  • (4) No fee or other payment may be charged in respect of a declaration made by a companion under rule 44(4).
  • (5) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Tendered ballot papers: circumstances where available

46
  • (1) This rule sets out circumstances where a person who applies for a vote (“the applicant”) is entitled to vote on satisfactorily answering the questions permitted by law to be asked at the poll but where the procedure for giving the vote is modified in the following two ways—
  • (a) the person must use a ballot paper that is of a different colour to other ballot papers, and
  • (b) the person must give the ballot paper to the presiding officer (instead of putting it in the ballot box).

Circumstances where vote already given in person2The first set of circumstances is where—athe applicant represents themself to be a particular elector named in the copies of the registration records and not named in the postal voters list or list of proxies, andbanother person has already voted in person either as that elector or as that elector’s proxy.3The second set of circumstances is where—athe applicant represents themself to be a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy, andbanother person has already voted in person either as that elector or as that elector’s proxy.

Circumstances where applicant on postal voters list claims not to have applied for postal vote4The third set of circumstances is where—athe applicant represents themself to be a particular elector named in the copies of the registration records,bthe applicant is also named in the postal voters list, andcthe applicant claims not to have made an application to vote by post at the election.5The fourth set of circumstances is where—athe applicant represents themself to be a particular person named as a proxy in the list of proxies,bthat person is also named in the proxy postal voters list, andcthe applicant claims not to have made an application to vote by post as proxy at the election.

Circumstances where applicant claims to have lost postal ballot paper etc.6The fifth set of circumstances is where—aafter the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular elector named in the copies of the registration records who is also named in the postal voters list, andbthe applicant claims to have lost or not to have received that person’s postal ballot paper.7The sixth set of circumstances is where—aafter the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular person named as a proxy in the list of proxies who is also named in the proxy postal voters list, andbthe applicant claims to have lost or not to have received that person’s postal ballot paper.8A ballot paper that is given to the presiding officer in accordance with this rule is referred to in these rules as a “tendered ballot paper”.9Where an elector has an anonymous entry, the references in this rule to a person named in the copies of the registration records or a list are to be read as a references to a person who has a number in the copies or list.10In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Duties of presiding officer in relation to tendered ballot papers

47
  • (1) This rule sets out the duties of the presiding officer in relation to tendered ballot papers.
  • (2) The presiding officer must endorse the following information on the ballot paper—
  • (a) the name of the voter, and
  • (b) the voter’s number in the copies of the registration records or, if the voter is voting as proxy for an elector, the number of the elector.
  • (3) The presiding officer must put the ballot paper in a separate packet.
  • (4) The following information must be entered on a list (the “tendered votes list”)—
  • (a) the name of the voter, and
  • (b) the voter’s number in the copies of the registration records or, if the voter is voting as proxy for an elector, the number of the elector.
  • (5) Where an elector has an anonymous entry, the presiding officer must not include the name of the voter on the ballot paper or in the tendered votes list.
  • (6) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Spoilt ballot papers

48
  • (1) This rule applies where a voter has inadvertently dealt with their ballot paper in such a manner that it cannot conveniently be used as a ballot paper.
  • (2) The voter may obtain another ballot paper by—
  • (a) giving the ballot paper that was inadvertently dealt with (the “spoilt ballot paper”) to the presiding officer, and
  • (b) proving to the presiding officer’s satisfaction that it was dealt with inadvertently.
  • (3) Where the voter is given another ballot paper, the spoilt ballot paper must be cancelled immediately.

Correction of errors on day of poll

49

The presiding officer must keep a list of persons to whom ballot papers are given in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riot

50
  • (1) This rule applies where proceedings at any polling station are interrupted or obstructed by riot or open violence.
  • (2) The presiding officer must—
  • (a) adjourn the proceedings until the following day, and
  • (b) immediately inform the returning officer.
  • (3) Where the poll is adjourned at a polling station—
  • (a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and
  • (b) references in these rules to the close of the poll are to be read as references to the end of the hours of polling on the day to which it is adjourned.

Procedure on close of poll

51
  • (1) This rule sets out the steps that must be taken by the presiding officer as soon as practicable after every voter has cast their vote.
  • (2) In the presence of any polling agents who are in the polling station, the presiding officer must seal each ballot box (with the key if any attached) in use at the polling station so as to prevent the introduction of additional ballot papers, using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal.
  • (3) ... The presiding officer must place each of the following in separate packets, sealed using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal—
  • (a) the unused and spoilt ballot papers (together);
  • (b) the tendered ballot papers;
  • (c) the marked copies of the registration records and list of proxies (together);
  • (d) the polling station’s corresponding number list, as marked (see rule 42(2)(c)) (referred to in the following provisions of these rules as “the completed corresponding number list”);
  • (e) any certificates surrendered under rule 37(4) or (5) (surrender of certificates issued to constables or staff of returning officers);
  • (f) the following lists and declarations (together)—
  • (i) the list of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);
  • (ii) the declarations made by the companions of voters with disabilities (see rule 44);
  • (iii) the list of voters with disabilities assisted by companions (see rule 45);
  • (iv) the tendered votes list (see rule 47);
  • (v) the list maintained under rule 49 (correction of errors on day of poll).
  • (3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents who are there.
  • (3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—
  • (a) in the polling station, in the presence of any polling agents who are there, or
  • (b) if the presiding officer has informed the polling agents and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any polling agents who are there.
  • (4) The presiding officer must deliver the sealed ballot boxes and packets to the returning officer or cause them to be delivered in accordance with arrangements approved by the returning officer.
  • (5) The packets must be accompanied by a statement (“a ballot paper account”) prepared by the presiding officer showing—
  • (a) the number of ballot papers given to the presiding officer, and
  • (b) how the ballot papers are accounted for under the following headings—
  • (i) the number of ballot papers issued and not otherwise accounted for;
  • (ii) the number of ballot papers unused;
  • (iii) the number of spoilt ballot papers;
  • (iv) the number of tendered ballot papers.
  • (6) In this rule, “the marked copies of the registration records” means the copies of the registration records (as defined by rule 40(7)), as marked in accordance with these rules.

PART 4 — Counting of Votes: Elections Using the Simple Majority System

Arrangements for the counting of votes

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  • (1) The returning officer must make arrangements for the votes to be counted in the presence of the counting agents as soon as practicable after the close of the poll.
  • (2) The returning officer must give the counting agents a notice stating the time and place at which the returning officer will begin to count the votes.

Attendance at the counting of votes

53
  • (1) The following persons are entitled to be present at the counting of votes—
  • (a) the returning officer and members of the returning officer’s staff;
  • (b) each candidate and a guest of each candidate;
  • (c) the election agents;
  • (d) the counting agents;
  • (e) any person who is entitled to attend by virtue of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (representatives of the Electoral Commission and accredited observers);
  • (f) the constables on duty.
  • (2) The returning officer may permit any other person to attend at the counting of votes.
  • (3) Permission may not be given under paragraph (2) unless the returning officer—
  • (a) is satisfied that the person’s attendance will not impede the efficient counting of votes, and
  • (b) has either consulted the election agents about whether to give permission or decided that it is not practicable to consult them.
  • (4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information about them, as the returning officer is able to give consistently with the orderly conduct of the proceedings and the discharge of the returning officer’s duties.
  • (5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.
  • (6) The returning officer must make arrangements to ensure that every person attending at the counting of votes (other than the constables on duty) has been given a notice setting out the provisions of section 66(2) and (6) of the 1983 Act (notification of requirement of secrecy).
  • (7) In this rule, a reference to a constable includes a reference to a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers).

The count: steps

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  • (1) The returning officer must take the following steps.
  • (2) The returning officer must, in the presence of the counting agents, open each ballot box, take out the ballot papers, count them and record the number of ballot papers.
  • (3) The returning officer must not count any tendered ballot paper.
  • (4) The returning officer must, in the presence of the election agents, verify each ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and tendered votes list).
  • (5) The returning officer must prepare a statement as to the result of the verification and give a copy of the statement to any election agent who requests it.
  • (6) The returning officer must also—
  • (a) count the postal ballot papers that have been properly returned (see paragraph (7)), and
  • (b) record the number counted.
  • (7) A postal ballot paper is to be treated as properly returned if the ballot paper and the accompanying postal voting statement properly completed are—
  • (a) handed in at a polling station in the electoral ward before the close of the poll,
  • (b) given by hand to the returning officer before the close of the poll, or
  • (c) received by the returning officer by post before the close of the poll.
  • (8) A postal voting statement is properly completed if—
  • (a) it is signed by the elector or (as the case may be) the proxy, unless the registration officer has dispensed with the requirement for a signature,
  • (b) it states the date of birth of the elector or (as the case may be) the proxy, and
  • (c) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations under the 1983 Act, the returning officer has taken those steps and verified the date of birth and (except in a case where the requirement for a signature has been dispensed with) the signature.
  • (9) Where, at the close of the poll, a person is in the polling station, or in a queue outside the polling station, for the purpose of handing in a postal ballot paper and postal voting statement—
  • (a) the person must be permitted to hand the ballot paper and statement in at the polling station, and
  • (b) where handed in, they are to be treated as having been handed in before the close of the poll for the purposes of this rule.
  • (10) The returning officer must not count the votes given on any ballot paper until—
  • (a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and
  • (b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
  • (11) While counting and recording the number of ballot papers and counting the votes, the returning officer must—
  • (a) keep the ballot papers with their faces upwards, and
  • (b) take such other precautions as are appropriate for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

The count: general

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  • (1) The result of the poll must be ascertained by counting the votes given to each candidate.
  • (2) The candidate or candidates to whom more votes have been given than to the other candidates, up to the number of councillors to be elected, must be declared to have been elected.
  • (3) Subject to paragraph (4), the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.
  • (4) The returning officer may exclude any hours between 7 p.m. and 9 a.m. on the following morning.
  • (5) During any time that is excluded, the returning officer must—
  • (a) place the ballot papers and other documents relating to the election under the returning officer’s seal and the seals of any counting agents who wish to affix their seals, and
  • (b) otherwise take proper precautions for the security of the ballot papers and other documents.

The count: rejected ballot papers

56
  • (1) Subject to paragraphs (2) and (4), the following ballot papers are void and must not be counted—
  • (a) a ballot paper that does not bear the official mark;
  • (b) a ballot paper on which votes are given for more candidates than the voter is entitled to vote for;
  • (c) a ballot paper 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) a ballot paper that is unmarked or void for uncertainty.
  • (2) Where the voter is entitled to vote for more than one candidate, a ballot paper is not to be treated as void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.
  • (3) Paragraph (4) applies to a ballot paper on which a vote is marked—
  • (a) elsewhere than in the proper place,
  • (b) otherwise than by means of a cross, or
  • (c) by more than one mark.
  • (4) The ballot paper is not, by reason only of how the vote is marked, to be treated as void (either wholly or as respects that vote) if—
  • (a) it is clear from the ballot paper that the voter intended to vote for one or other of the candidates,
  • (b) the way the ballot paper is marked does not itself identify the voter, and
  • (c) the returning officer is satisfied that the voter cannot be identified from the ballot paper.
  • (5) The returning officer must—
  • (a) endorse the word “rejected” on any ballot paper which, in accordance with this rule, is not to be counted;
  • (b) endorse the word “rejected in part” on any ballot paper on which a vote is counted in accordance with paragraph (2) and indicate which vote or votes have been counted.
  • (6) If a counting agent objects to the returning officer’s decision, the returning officer must add the words “rejection objected to” to the endorsement.
  • (7) The returning officer must prepare a statement showing the number of ballot papers rejected and the number rejected in part.
  • (8) The statement must set out the number rejected or rejected in part under each of the headings in sub-paragraphs (a) to (d) of paragraph (1).

Re-count

57
  • (1) A candidate or the candidate’s election agent may, if present when the count is completed, request that the returning officer re-count the votes.
  • (2) The returning officer must comply with the request unless the returning officer’s opinion is that the request is unreasonable.
  • (3) No step may be taken on the completion of the count until the candidates and election agents who are present have been given a reasonable opportunity to request that the votes are re-counted.
  • (4) Where a re-count takes place, this rule also applies in relation to the re-count (so that, for example, the candidate or the candidate’s election agent may, if present when the re-count is completed, request that the returning officer re-count the votes).

Equality of votes

58
  • (1) This rule applies where, after the counting of the votes (including any re-count), there is an equality of votes between any candidates and the addition of a vote would entitle any of those candidates to be elected.
  • (2) The returning officer must immediately decide between the candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.

Decision on ballot papers

59

The decision of the returning officer on any question arising in respect of a ballot paper is final, but may be reviewed on an election petition.

Declaration of result

60
  • (1) When the count has been completed, the returning officer must declare to be elected the candidate or candidates to whom more votes have been given than to other candidates, up to the number of councillors to be elected.
  • (2) The returning officer must give a notice stating the names and addresses of the candidates elected to the proper officer of the council for which the election was held.
  • (3) The returning officer must also publish notice of—
  • (a) the names of the candidates elected,
  • (b) the total number of votes given for each candidate (whether elected or not), and
  • (c) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (see rule 56).

PART 5 — Disposal of Documents

Sealing up of ballot papers at contested elections

61
  • (1) This rule applies on the completion of the counting of votes at a contested election.
  • (2) The returning officer must seal up in separate packets—
  • (a) the counted ballot papers, and
  • (b) the rejected ballot papers (including the ballot papers rejected in part).
  • (3) The returning officer must not open any packets sealed under rule 51(3) that contain—
  • (a) tendered ballot papers,
  • (b) completed corresponding number lists,
  • (c) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5), or
  • (d) marked copies of the registration records and list of proxies.

Delivery of documents to registration officer at contested elections

62
  • (1) This rule applies where the returning officer has sealed up the counted and rejected ballot papers under rule 61(2).
  • (2) The returning officer must forward the following documents to the registration officer of the county or county borough council in whose area the election is held—
  • (a) the packets of ballot papers in the returning officer’s possession;
  • (b) the ballot paper accounts prepared under rule 51(5);
  • (c) the statements of rejected ballot papers prepared under rule 56(7) or rule 60E(6);
  • (d) the statements as to the result of the verification of the ballot paper accounts prepared under rule 54(5) or rule 60C(5);
  • (e) the following lists and declarations—
  • (i) the lists of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);
  • (ii) the declarations made by the companions of voters with disabilities (see rule 44);
  • (iii) the lists of voters with disabilities assisted by companions (see rule 45);
  • (iv) the tendered votes lists (see rule 47);
  • (v) the lists maintained under rule 49 (correction of errors on the day of the poll);
  • (f) the packets containing completed corresponding number lists;
  • (g) the packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);
  • (h) the packets containing copies of registration records and lists of proxies;
  • (i) the packets containing the postal voters list and the proxy postal voters list.

Production etc. of documents

63
  • (1) This rule applies in relation to the following documents when in the custody of the registration officer (having been forwarded under rule 62)—
  • (a) rejected and counted ballot papers;
  • (b) sealed packets containing completed corresponding number lists;
  • (c) sealed packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).
  • (2) A county court may make any of the following orders, if satisfied by evidence on oath that the order is required either 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—
  • (a) an order for the inspection or production of any of the rejected ballot papers (including any ballot papers rejected in part);
  • (b) an order for the inspection of any of the counted ballot papers;
  • (c) an order for the opening of any of the sealed packets containing—
  • (i) completed corresponding number lists, or
  • (ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);
  • (d) where an order for the opening of any of the sealed packets is made under sub-paragraph (c), an order for the inspection or production of the whole or part of its contents.
  • (3) An election court may make—
  • (a) an order for the inspection of any of the counted ballot papers;
  • (b) an order for the opening of any of the sealed packets containing—
  • (i) completed corresponding number lists, or
  • (ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);
  • (c) where an order for the opening of any of the sealed packets is made under sub-paragraph (b), an order for the inspection or production of the whole or part of its contents.
  • (4) An order under this rule may be made subject to such of the following conditions as the court thinks appropriate—
  • (a) conditions as to persons;
  • (b) conditions as to time;
  • (c) conditions as to the place and method of inspection;
  • (d) conditions as to production or opening.
  • (5) A court, in making an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet, must impose such conditions under paragraph (4) as the court considers appropriate to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—
  • (a) that the elector has given their vote, and
  • (b) that the vote has been declared by a competent court to be invalid.
  • (6) Any person giving effect to an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet must take care to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—
  • (a) that the elector has given their vote, and
  • (b) that the vote has been declared by a competent court to be invalid.
  • (7) An appeal lies to the High Court from an order of a county court under this rule.
  • (8) The powers of a county court under this rule may be exercised by any judge of the court otherwise than in open court.
  • (9) Except as provided by this rule, no person may—
  • (a) inspect any of the rejected or counted ballot papers;
  • (b) open any of the sealed packets containing—
  • (i) completed corresponding number lists, or
  • (ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

Orders for the production etc. of documents: supplemental provision

64
  • (1) Paragraphs (2) and (3) apply where an order is made under rule 63 for the production by a registration officer of a document in the registration officer’s custody relating to an election specified in the order.
  • (2) The production by the registration officer or the registration officer’s agent of the document in the manner directed by the order is conclusive evidence that the document relates to the specified election.
  • (3) If a packet of ballot papers with an endorsement on the packet is produced by the registration officer or the registration officer’s agent to comply with the order, the endorsement is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
  • (4) Paragraph (5) applies where, to comply with an order under rule 63, a registration officer or a registration officer’s agent has produced—
  • (a) a ballot paper purporting to have been used at an election, and
  • (b) a completed corresponding number list in use at the election, with a number marked in writing beside the number of that ballot paper on the list.
  • (5) The production of the ballot paper and the list are prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry at the time of the election in the register of electors, or on a notice issued under section 13B(3B) or (3D) of the 1983 Act, contained the same number as the number written on the ballot paper.

Retention and destruction of documents forwarded to registration officer

65
  • (1) The registration officer must retain all documents forwarded under rule 62 for a period of one year beginning with the day on which they were received by the registration officer.
  • (2) At the end of that period of one year, the registration officer must cause the documents to be destroyed unless otherwise directed by an order of a county court, a Crown Court, a magistrates’ court or an election court.

Destruction of home address forms by returning officer

66
  • (1) The returning officer must destroy each candidate’s home address form—
  • (a) on the next day following the 35th day after the returning officer has returned the names of the councillors elected, unless an election petition questioning the election or the return of candidates is presented before that day;
  • (b) if an election petition questioning the election or return of councillors is presented before that day, as soon as practicable following the conclusion of proceedings on the petition (including, where there is an appeal, the proceedings on the appeal).
  • (2) For the purpose of deciding the day on which candidates’ home address forms must be destroyed, any day that is an excluded day must be disregarded.

PART 6 — Death of Candidate

Countermand or abandonment of poll on death of a candidate

67
  • (1) This rule applies where, at a contested election, the returning officer is satisfied before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died.
  • (2) The returning officer must countermand notice of the poll or, if polling has begun, the returning officer must direct that the poll be abandoned and no further ballot papers may be issued.
  • (3) Where the poll is abandoned, the presiding officer at any polling station in use at the election must take the steps (so far as not already taken) that the presiding officer would be required to take under rule 51 on the close of the poll, except that it is not necessary for the presiding officer to prepare a ballot paper account.
  • (4) The returning officer must deal with ballot papers and other documents that are in the returning officer’s possession when the poll is abandoned, or that are subsequently delivered to the returning officer to comply with paragraph (3), in the same way that the returning officer would be required to deal with ballot papers and other documents under rules 61 and 62 on the completion of the counting of votes, except that—
  • (a) the returning officer must seal up all the ballot papers (whether the votes on them have been counted or not), and
  • (b) it is not necessary to seal up counted and rejected ballot papers in separate packets.
  • (5) The provisions of rules 63 to 65 apply to ballot papers and other documents relating to a poll that is abandoned by reason of a candidate’s death, except that—
  • (a) ballot papers on which the votes were neither counted nor rejected are to be treated as counted ballot papers, and
  • (b) an order may be made under rule 63(2) or (3) only for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers.
  • (6) For what happens after notice of a poll is countermanded or a poll is abandoned, see section 39 of the 1983 Act18.

APPENDICES — Note: The forms contained in these Appendices may be adapted so far as circumstances require.

SCHEDULE 2 — Rules for conduct of an election of councillors for a principal area where poll is taken together with poll at a relevant election

PART 1 — Provisions as to Time

Timetable

1
  • (1) The proceedings at the election must be conducted in accordance with the following timetable.
Proceedings Time
Publication of notice of election Not later than the twenty-fifth day before the day of election
Delivery of nomination papers Not later than 4 p.m. on the nineteenth day before the day of election
Delivery of notices of withdrawals of candidature Not later than 4 p.m. on the nineteenth day before the day f election
Publication of statement as to persons nominated Not later than 4 p.m. on the eighteenth day before the day of election
Notice of uncontested electionNotice of poll in contested election Not later than the sixth day before the day of election
Polling Between the hours of 7 a.m. and 10 p.m. on the day of election
  • (2) Paragraph (3) applies where—
  • (a) a nomination paper is sent electronically or submitted online in accordance with arrangements set out in the notice of election (see rule 3), or
  • (b) a notice of withdrawal of candidature under rule 12 is sent electronically.
  • (3) For the purpose of determining whether the paper or notice has been delivered in accordance with the timetable in paragraph (1), the paper or notice is to be treated as having been delivered at the time when its delivery is recorded on the computer system in use by the returning officer for receiving the paper or notice.
  • (4) In this rule, “the day of election” means the day specified in the notice of election as the day on which a poll would take place in the event of a contest.

Computation of time

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  • (1) An excluded day is to be disregarded in calculating any period set out in the second column of the timetable in rule 1.
  • (2) No proceedings under these rules up to the close of the poll may take place on an excluded day.
  • (3) The returning officer is not required to proceed with the counting of votes on an excluded day.

PART 2 — Notice of Election, Nomination and Method of Election

Notice of Election

Notice of election

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  • (1) The returning officer must publish notice of the election.
  • (2) The notice must state—
  • (a) the number of councillors to be returned for each electoral ward in the principal area,
  • (b) the date of the poll in the event of a contest,
  • (c) the place where, and the times at which, forms of nomination paper may be obtained and information about how and when forms of nomination paper may be obtained online,
  • (d) the latest time for the delivery of nomination papers, and
  • (e) the place where nomination papers may be delivered and the times at which they may be delivered to that place.
  • (3) The notice must also state the date by which applications to vote by post or by proxy, and other applications and notices about postal or proxy voting, must reach the registration officer in order to be effective for the election.
  • (4) The place specified in the notice as the place where forms of nomination paper may be obtained, and where they may be delivered, must be at the offices of the council for the principal area.
  • (5) The returning officer must also include in the notice an electronic delivery statement.
  • (6) An electronic delivery statement is a statement that nomination papers may be delivered—
  • (a) by being sent electronically to an email address in accordance with arrangements set out in the statement,
  • (b) by submission online in accordance with arrangements set out in the statement, or
  • (c) either by being sent electronically as mentioned in sub-paragraph (a) or by submission online as mentioned in sub-paragraph (b).

Nomination

Duty of returning officer to supply forms of nomination etc.

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  • (1) At the place and times for obtaining forms of nomination paper set out in the notice of election, the returning officer must—
  • (a) supply any person with as many forms of nomination paper as the person may require, and
  • (b) on request, prepare a nomination paper for signature.
  • (2) The returning officer must also make arrangements to ensure that forms of nomination paper may be obtained online in accordance with the information given in the notice of election.
  • (3) It is not, however, necessary for a nomination to be made on a form supplied by the returning officer or obtained online.

Nomination of candidates

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  • (1) A candidate must nominate themself using a nomination paper in the form in Appendix 1 or a form to the like effect.
  • (2) The nomination paper may be delivered either—
  • (a) at the place specified by the returning officer in the notice of election, or
  • (b) in accordance with the arrangements set out in the electronic delivery statement.
  • (3) The nomination paper must—
  • (a) state the candidate’s full names, with the surnames placed first,
  • (b) if the candidate wishes, include a description that complies with rule 6,
  • (c) include a statement of party membership that complies with rule 8, and
  • (d) include the declarations set out in the form in Appendix 1, signed by the candidate.
  • (4) If a candidate commonly uses forenames or surnames that are different in any respect from the forenames or surnames stated in accordance with paragraph (3)(a) (including where the difference is that the commonly used forenames or surnames are in a different order, include only some of the names or include additional names), the nomination paper may also state the commonly used forenames or surnames.
  • (5) The nomination paper must be signed by the candidate in the presence of a witness who must attest the signature.
  • (6) The nomination paper must be accompanied by a form (a “home address form”) that complies with rule 9.

Nomination papers: descriptions

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  • (1) This rule sets out requirements about the descriptions that may be included in a nomination paper as mentioned in rule 5(3)(b).
  • (2) The description may be either—
  • (a) a description that is likely to lead electors to associate the candidate with a registered political party or with two or more registered political parties and is permitted under paragraph (3) or (as the case may be) paragraph (4), or
  • (b) the word “Independent” or the word “Annibynnol”, or both those words.
  • (3) A description that is likely to lead electors to associate the candidate with a registered political party is permitted where—
  • (a) the party is a qualifying party,
  • (b) the description is either—
  • (i) the party’s registered name or, if the party has registered a name in English and a name in Welsh, either or both of those names, or
  • (ii) a registered description of the party or, in the case of a description that has been registered in both English and Welsh, either or both of those descriptions, and
  • (c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of the party and received by the returning officer before the last time for the delivery of nomination papers.
  • (4) A description that is likely to lead electors to associate the candidate with two or more registered political parties is permitted where—
  • (a) the parties are each qualifying parties,
  • (b) the description consists of the registered name of each of the parties shown in either or both of the versions described in paragraph (5), and
  • (c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of each of the parties and received by the returning officer before the last time for the delivery of nomination papers.
  • (5) The versions referred to in paragraph (4)(b) are—
  • (a) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in English (“the English version”);
  • (b) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in Welsh (“the Welsh version”).
  • (6) Where any of the parties has registered a name in English and a name in Welsh—
  • (a) the party’s registered name in English (and not the party’s registered name in Welsh) may be used in the English version, and
  • (b) the party’s registered name in Welsh (and not the party’s registered name in English) may be used in the Welsh version.
  • (7) See also rule 7 (which sets out when and how the word “Wales”, “Welsh”, “Cymru” or “Cymreig” may be added to descriptions permitted under paragraph (3) or (4)).
  • (8) A person is guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (3)(c) or (4)(c) on behalf of a registered political party’s nominating officer.
  • (9) In this rule—
  • (a) references to a registered name of a registered political party are to a name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000;
  • (b) references to a registered description of a registered political party are to a description of the party registered under section 28A of that Act.
  • (10) For the purposes of the application of this rule in relation to an election—
  • (a) “registered political party” means a party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day that is two days before the last day for the delivery of nomination papers at the election (disregarding any excluded day);
  • (b) a registered political party is a qualifying party if, on that day, the party is registered in respect of Wales in the Great Britain register maintained under Part 2 of that Act.

Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”

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  • (1) This rule sets out when and how a candidate may make additions in a nomination paper to a description that the candidate is permitted to use under rule 6(3) or (4).
  • (2) Paragraph (3) applies where—
  • (a) a registered name is or forms part of a description that a candidate is permitted to use under rule 6(3), and
  • (b) the registered name includes none of the words “Wales”, “Welsh”, “Cymru” and “Cymreig”.
  • (3) The candidate may do one of the following—
  • (a) add the word “Wales” before the name;
  • (b) add the word “Welsh” before the name;
  • (c) add the word “Cymru” after the name;
  • (d) add the word “Cymreig” after the name.
  • (4) Paragraphs (5) and (6) apply where—
  • (a) a registered name forms part of a description that a candidate is permitted to use under rule 6(4), and
  • (b) the registered name includes none of the words “Wales”, “Welsh”, “Cymru” and “Cymreig”.
  • (5) If the registered name is in the English version of the description (whether or not it is also in the Welsh version), the candidate may add either the word “Wales” or the word “Welsh” before the name in that version.
  • (6) If the registered name is in the Welsh version of the description (whether or not it is also in the English version), the candidate may add either the word “Cymru” or the word “Cymreig” after the name in that version.
  • (7) Paragraph (8) applies where—
  • (a) a registered description is or forms part of a description that a candidate is permitted to use under rule 6(3), and
  • (b) the registered description includes none of the words “Wales”, “Welsh”, “Cymru” and “Cymreig”.
  • (8) The candidate may do one of the following—
  • (a) add the word “Wales” at the beginning of the registered description;
  • (b) add the word “Welsh” at the beginning of the registered description;
  • (c) add the word “Cymru” at the end of the registered description;
  • (d) add the word “Cymreig” at the end of the registered description.
  • (9) For the purposes of paragraphs (3)(a) and (b) and (5), where the word “the” (or any word in another language that has the same function as the word “the”) appears at the beginning of a registered name, it must be ignored.
  • (10) Where a candidate adds anything to a description in a nomination paper in accordance with this rule, references in the following provisions of this Schedule to the description are references to the description with the addition.

Nomination papers: statements of party membership

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  • (1) This rule sets out the requirements for statements of party membership that must be included in nomination papers as mentioned in rule 5(3)(c).
  • (2) The statement must state whether the candidate has been a member of any registered political party at any time during the relevant period.
  • (3) If the candidate has been a member of one or more registered political parties at any time during the relevant period, the statement must also include the following information in relation to the party or (as the case may be) each of the parties of which the candidate has been a member—
  • (a) the party’s registered name or, where the party has two registered names, the party’s registered names, and
  • (b) the dates during the relevant period when the candidate has been a member of the party.
  • (4) Paragraph (3) does not apply where—
  • (a) the nomination paper includes a description that is likely to lead electors to associate the candidate with a registered political party or with two or more registered political parties and is permitted under rule 6(3) or (as the case may be) rule 6(4), and
  • (b) the candidate has not at any time during the relevant period been a member of a registered political party other than the party or parties to which that description relates.
  • (5) A candidate who knowingly fails to include in the nomination paper a statement of party membership that complies with the requirements of this rule is guilty of a corrupt practice.
  • (6) In this rule—
  • (a) “registered political party” means a party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 at any time during the relevant period when the candidate is a member;
  • (b) references to a registered name of a registered political party are to a name of the party registered under section 28 of that Act;
  • (c) “the relevant period” means the period of 12 months ending with the day on which the notice of election is published.

Home address forms

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  • (1) This rule sets out the requirements for home address forms that must accompany nomination papers under rule 5(6).
  • (2) A home address form must state—
  • (a) the candidate’s full names,
  • (b) the candidate’s home address in full,
  • (c) the candidate’s qualifying address or addresses, and
  • (d) the qualification to which each qualifying address relates.
  • (3) The candidate’s qualifying address or addresses, and the qualification to which each qualifying address relates, depend on which one or more of options (a) to (d) on the nomination paper have been selected by the candidate, as set out in the following table.
Option selected on nomination paper Candidate’s qualifying address Qualification to which candidate’s qualifying address relates
Option (a) The address in full in respect of which the candidate is registered as a local government elector The qualification described in option (a) (registration as a local government elector for the area of the county or county borough council)
Option (b) A description and the address of the land or premises that the candidate has occupied as owner or tenant (or, if the candidate is relying on more than one occupation to meet the qualification, the descriptions and addresses) The qualification described in option (b) (occupation as owner or tenant of land or other premises in the area of the county or county borough council)
Option (c) The address of the candidate’s place of work (or, if the candidate is relying on more than one place of work to meet the qualification, the addresses) The qualification described in option (c) (principal or only place of work in the area of the county or county borough council)
Option (d) The address or addresses in full where the candidate has resided The qualification described in option (d) (residence in the area of the county or county borough council)
  • (4) If the candidate’s nomination paper includes commonly used forenames or surnames, the home address form must also state the commonly used names.
  • (5) The home address form must also state—
  • (a) the full names of the person who witnesses the candidate’s signature on the nomination paper, and
  • (b) that person’s home address in full.
  • (6) The home address form may contain a statement made and signed by the candidate that the candidate’s home address must not be made public.
  • (7) If the home address form contains such a statement, it must—
  • (a) where the candidate’s home address is in the United Kingdom, state the name of the relevant area (see paragraph (8));
  • (b) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.
  • (8) In this rule, “relevant area” means—
  • (a) where the candidate’s home address is in Wales—
  • (i) if the address is within a county, that county;
  • (ii) if the address is within a county borough, that county borough;
  • (b) where the candidate’s home address is in England—
  • (i) if the address is within a district for which there is a district council, that district;
  • (ii) if the address is within a county in which there are no districts with councils, that county;
  • (iii) if the address is within a London borough, that London borough;
  • (iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London;
  • (v) if the address is within the Isles of Scilly, the Isles of Scilly;
  • (c) where the candidate’s home address is in Scotland, the local government area in which the address is situated;
  • (d) where the candidate’s home address is in Northern Ireland, the local government district in which it is situated.

Decisions as to validity of nomination papers

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  • (1) This rule applies where a nomination paper and the accompanying home address form are delivered in accordance with these rules.
  • (2) The candidate stands nominated unless and until one of the following events occurs—
  • (a) the returning officer decides that the nomination paper is invalid;
  • (b) the returning officer is satisfied that the candidate has died;
  • (c) the candidate withdraws.
  • (3) The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—
  • (a) that the particulars of the candidate are not as required by law;
  • (aa) that the nomination paper does not include the declarations required by rule 5(3)(d), signed by the candidate;
  • (b) that the candidate’s home address form does not comply with rule 9(2) to (6);
  • (c) where the candidate’s home address form contains a statement that the home address must not be made public, that the form does not comply with rule 9(7);
  • (d) that the nomination paper is not signed by the candidate, or that the candidate’s signature has not been attested, as required by rule 5(5).
  • (4) Subject to paragraph (5), the returning officer must, as soon as reasonably practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.
  • (5) If in the opinion of the returning officer a description in a nomination paper has been included in breach of rule 6(3) or (4) or 7, the returning officer must give a decision that the candidate’s particulars are not as required by law—
  • (a) as soon as reasonably practicable after the delivery of the nomination paper, and
  • (b) in any event, before the end of the period of 24 hours beginning with the close of the period for delivery of nomination papers.
  • (6) Where the returning officer decides that a nomination paper is invalid, the returning officer must endorse on the paper the fact of the decision and the reasons for it and sign the endorsement.
  • (7) The returning officer must give a notice to each candidate stating the returning officer’s decision as to whether the candidate’s nomination paper is valid or invalid.
  • (8) The returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceedings.
  • (9) Except as provided by paragraph (8), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Nomination in more than one electoral ward

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  • (1) A candidate who is validly nominated for more than one electoral ward of the same principal area must withdraw from candidature in all those electoral wards except one.
  • (2) A candidate who does not withdraw as required by paragraph (1) is to be treated as having withdrawn from candidature in all the electoral wards in which the candidate was validly nominated.

Withdrawal of candidates

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  • (1) A candidate may withdraw from candidature by giving a notice of withdrawal to the returning officer.
  • (2) The notice of withdrawal must be signed by the candidate in the presence of a witness who must attest the candidate’s signature.

Publication of statement of persons nominated

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  • (1) The returning officer must prepare and publish a statement (a “statement of persons nominated”) showing—
  • (a) the persons who have been and stand nominated, and
  • (b) any other persons who have been nominated but no longer stand nominated, with the reason why they no longer stand nominated.
  • (2) The statement must show—
  • (a) the names and descriptions (if any) of the persons nominated, as given in their nomination papers,
  • (b) their home address information (see paragraph (3)), and
  • (c) the information contained in their statements of party membership, as given in their nomination papers.
  • (3) In these rules, references to the home address information of a person nominated are to the following information as given in the home address form accompanying the nomination paper—
  • (a) where the home address form contains a statement that the home address must not be made public, the information given in accordance with rule 9(7);
  • (b) where the home address form does not contain such a statement, the address of the person nominated.
  • (4) 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 surnames, the statement must show those persons arranged alphabetically in the order of their other names.
  • (5) Rule 14 (use of commonly used names) and rule 15 (names that are the same or similar) make further provision about the content of the statement of persons nominated.

Use of commonly used names in statement of persons nominated

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  • (1) This rule applies where a person’s nomination paper gives commonly used forenames or surnames in accordance with rule 5(4).
  • (2) The statement of persons nominated must show the person’s commonly used forenames or surnames (instead of the forenames or surnames stated in the nomination paper in accordance with rule 5(3)(a)) unless the returning officer decides—
  • (a) that the use of the person’s commonly used forenames or surnames may be likely to mislead or confuse electors, or
  • (b) that the commonly used forenames or surnames are obscene or offensive.
  • (3) Where paragraph (2)(a) or (b) applies—
  • (a) the statement of persons nominated must show the person’s other forenames or surnames as stated in the nomination paper in accordance with rule 5(3)(a) (instead of the commonly used forenames or surnames), and
  • (b) the returning officer must give a notice to the candidate stating the reasons for refusing to allow the use of the commonly used forenames or surnames.

Names that are the same or similar

15
  • (1) This rule applies where, in preparing a statement of persons nominated, the returning officer decides that—
  • (a) two or more of the names that would be shown on the statement are the same or so similar as to be likely to cause confusion,
  • (b) each of the persons concerned has made a statement that they require their home address not to be made public (see rule 9(6)), and
  • (c) the information given in accordance with rule 9(7) is the same for each of them.
  • (2) The returning officer may arrange for any of their particulars to be shown on the statement of persons nominated with such amendments or additions as the returning officer thinks appropriate to reduce the likelihood of confusion.
  • (3) In deciding whether to make amendments or additions under this rule, the returning officer must have regard to any guidance given by the Electoral Commission for the purposes of this rule.
  • (4) Where it is practicable to do so before the publication of the statement, the returning officer must consult any persons whose particulars are to be amended or added to under this rule.
  • (5) The returning officer must give a notice to any person whose particulars are amended or added to under this rule, setting out the amendments or additions.
  • (6) Anything done by a returning officer under this rule may not be questioned in any proceedings other than proceedings on an election petition.

Correction of minor errors in nomination papers or home address forms

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  • (1) A returning officer may, at any time before the publication 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;
  • (c) errors as to the information given in accordance with rule 9(7) (information that must be included where the candidate has stated that the home address must not be made public).
  • (3) Anything done by a returning officer in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.
  • (4) In deciding whether to correct minor errors under this rule, a returning officer must have regard to any guidance given by the Electoral Commission for the purposes of this rule.

Inspection of nomination papers

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  • (1) During the time for inspection, any person may inspect nomination papers that have been delivered.
  • (2) In paragraph (1), “the time for inspection” means ordinary office hours on any day after the last day for the delivery of nomination papers and before the day of the poll, other than an excluded day.
  • (3) A person inspecting nomination papers may take a copy of, or make extracts from, the papers.

Inspection of home address forms

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  • (1) During the time for inspection, the home address form of a candidate standing nominated may be inspected by any of the following who wish to inspect it—
  • (a) another candidate standing nominated in the same electoral ward;
  • (b) the election agent of another candidate standing nominated in that ward;
  • (c) in the case of another candidate standing nominated in that ward who is acting as their own election agent, another person selected by that candidate.
  • (2) In paragraph (1), “the time for inspection” means ordinary office hours on any day after the last day for the delivery of nomination papers and before the day of the poll, other than an excluded day.
  • (3) A candidate or other person carrying out an inspection under this rule must not take a copy of, or make extracts from, a home address form.
  • (4) The returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule or for some other purpose authorised by law.

Adjournment of nomination proceedings in the case of riot

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  • (1) This rule applies if proceedings for, or in connection with, nomination are interrupted or obstructed on any day by riot or open violence.
  • (2) The proceedings must be abandoned for that day.
  • (3) If the day on which the proceedings are abandoned is the last day for the delivery of nomination papers, the proceedings must be resumed on the next day.
  • (4) Where paragraph (3) requires proceedings to be resumed on the next day, the deadlines specified in the second column of the timetable in rule 1 for the delivery of nomination papers, the delivery of notices of withdrawals of candidature and the publication of the statement as to persons nominated are each extended by one day.
  • (5) Where proceedings are abandoned under this rule—
  • (a) nothing may be done after the proceedings are resumed if the time for doing it had passed when the proceedings were abandoned, and
  • (b) nothing done before the proceedings were abandoned is invalidated by reason of the abandonment.

Method of Election

Decision as to whether election is contested and declaration of result if uncontested

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  • (1) The returning officer must determine whether the number of persons remaining validly nominated for the electoral ward after any withdrawals under rule 12 exceeds the number of councillors to be elected.
  • (2) If the number of persons remaining validly nominated does not exceed the number of councillors to be elected, the returning officer must declare the person or persons standing validly nominated to be elected.
  • (3) The returning officer must also—
  • (a) give a notice stating the names and addresses of those declared to be elected to the proper officer of the council for the principal area, and
  • (b) publish their names.
  • (4) If the number of persons remaining validly nominated exceeds the number of councillors to be elected, a poll must be taken in accordance with Part 3.

PART 3 — The Poll at Contested Elections

General Provisions

Poll to be taken by ballot

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  • (1) The votes at the poll must be given by ballot.
  • (2) The result must be ascertained—
  • (a) where the voting system that applies at the election is the simple majority system, in accordance with Part 4;
  • (b) where the voting system that applies at the election is the single transferable vote system, in accordance with Part 4A.

The ballot papers

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  • (1) The ballot of every voter must consist of a ballot paper.
  • (2) The only persons entitled to have their names inserted on the ballot paper are those remaining validly nominated for the electoral ward after any withdrawals under rule 12.
  • (3) Where the voting system that applies at the election is the simple majority system, A ballot paper must be—
  • (a) in the form in Appendix 2, and
  • (b) printed in accordance with the directions in that Appendix.
  • (3A) Where the voting system that applies at the election is the single transferable vote system, a ballot paper must be—
  • (a) in the form in Appendix 2A, and
  • (b) printed in accordance with the directions in that Appendix.
  • (4) The ballot paper must—
  • (a) contain the names and descriptions (if any) of the candidates and their home address information, as shown in the statement of persons nominated,
  • (b) be capable of being folded up,
  • (c) have a number and other unique identifying mark printed on the back, and
  • (d) be of a different colour to that of any ballot papers used at a relevant election.
  • (5) At the request of a candidate who is authorised under rule 6(3)(c) to use a description likely to lead electors to associate the candidate with a registered political party, the ballot paper must contain, against the candidate’s particulars, one registered emblem of the party.
  • (6) At the request of a candidate who is authorised under rule 6(4)(c) to use a description likely to lead electors to associate the candidate with two or more registered political parties, the ballot paper must contain, against the candidate’s particulars, one registered emblem of one of the parties.
  • (7) The candidate’s request under paragraph (5) or (6) must be—
  • (a) made in writing to the returning officer, and
  • (b) received by the returning officer before the last time for the delivery of nomination papers as set out in the timetable in rule 1.
  • (8) The order of the names in the ballot paper must be the same as in the statement of persons nominated.

Corresponding number list

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  • (1) The returning officer must prepare a list (“the corresponding number list”) in accordance with this rule.
  • (2) The corresponding number list must be in two parts.
  • (3) Part 1 must contain the numbers and unique identifying marks of all ballot papers to be issued in pursuance of rule 28(1) (postal ballot papers).
  • (4) Part 2 must contain the numbers (but not the unique identifying marks) of all ballot papers to be provided in pursuance of rule 32(1) (provision of ballot boxes and ballot papers at polling stations).
  • (5) The corresponding number list must be in the form set out in Appendix 3 or a form to the like effect.
  • (6) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

The official mark

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  • (1) Each ballot paper must contain an appropriate security marking (“the official mark”).
  • (2) The official mark must be kept secret.
  • (3) An interval of not less than five years must intervene between the use of the same official mark at elections for the same county or county borough.
  • (4) The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

25

A person who has voted at the election may not be required to state for whom they voted in any legal proceedings to question the election.

Use of schools and public rooms

26
  • (1) The returning officer may use any of the following rooms 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 county or county borough council;
  • (b) a room in a school in respect of which grants are made out of money provided by Senedd Cymru to the person or body responsible for the management of the school;
  • (c) any other room if the expense of maintaining the room is payable wholly or mainly out of public funds.
  • (2) Where a room described in paragraph (1) is used for the purpose of taking the poll or counting the votes, the returning officer must—
  • (a) make good any damage to the room resulting from its use for that purpose, and
  • (b) defray any expense incurred by the person or body having control over the room by reason of its use for that purpose.

Action to be taken before the poll

Notice of poll

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  • (1) The returning officer must publish notice of the poll stating—
  • (a) the day and hours fixed for the poll,
  • (b) the number of councillors to be elected for the electoral ward, and
  • (c) the names and descriptions (if any) of each candidate remaining validly nominated and their home address information.
  • (2) The candidates’ particulars, and the order of the candidates’ names, must be the same as in the statement of persons nominated.
  • (3) The returning officer must, before or at the same time as publishing notice of the poll, also publish notice of—
  • (a) the situation of each polling station, and
  • (b) the description of voters entitled to vote there.
  • (4) The notice published under paragraph (3) must—
  • (a) state that the poll at the principal area election is to be taken together with the poll at one or more relevant elections,
  • (b) specify the constituency or, as appropriate, other area to which each relevant election relates, and
  • (c) where any of the polls are to be taken together only in part of the county or county borough, specify that part.
  • (5) The returning officer must, as soon as practicable after publishing notice under paragraph (3), give a copy of it to each of the election agents.
  • (6) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under paragraphs (3) to (5) are to be discharged by the co-ordinating returning officer).

Postal ballot papers

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  • (1) The returning officer must, in accordance with regulations under the 1983 Act, issue to those entitled to vote by post—
  • (a) a ballot paper,
  • (b) a postal voting statement in the form set out in the applicable Appendix or a form to the like effect, and
  • (c) such envelopes for the return of the ballot paper and postal voting statement as may be prescribed by regulations under the 1983 Act.
  • (1A) In paragraph (1)(b), “the applicable Appendix” means—
  • (a) where the voting system that applies at the election is the simple majority system, Appendix 4;
  • (b) where the voting system that applies at the election is the single transferable vote system, Appendix 4A.
  • (2) The returning officer must also issue to those entitled to vote by post such information as the returning officer considers appropriate about how to obtain—
  • (a) translations into languages other than English and Welsh 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, and
  • (d) the directions or guidance in any other form (including any audible form).
  • (3) The postal voting statement must include provision—
  • (a) for the form to be signed by the elector or, where the elector is voting by proxy, the proxy, unless the registration officer has dispensed with the requirement for a signature, and
  • (b) for stating the date of birth of the elector or, where the elector is voting by proxy, the proxy.

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