Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Senedd Cymru (Representation of the People) Order 2025

Type Welsh-Statutory-Instrument

Publication 2025-07-09

Last updated 2026-02-05

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 1

Reform history JSON API

(3) But if the statement of parties and persons standing nominated shows the number of candidates, whether as individual candidates or party list candidates, is the same as, or fewer than, the number of seats for the constituency, those candidates must be declared to be elected in accordance with Part 4 of these rules.

(4) Paragraph (2) or (3) also applies where notice of poll at a constituency election is countermanded or the poll abandoned under rule 72(1) (election becomes uncontested through death of a candidate).

PART 3 — Contested elections

General provisions

Poll to be taken by ballot

25

(1) The votes at the poll must be given by ballot.

(2) The result must be ascertained after counting the votes given to each individual candidate or registered political party in each constituency.

(3) The candidates who, in accordance with sections 8 and 9 of the 2006 Act¹¹⁵ are returned as Senedd members, must be declared to have been elected.

The ballot papers

26

(1) The ballot of every voter must consist of a ballot paper.

(2) Only the following, and no others, are entitled to have their names and descriptions inserted into a ballot paper—

(a) the registered political parties which have submitted a party list and are shown in the statement of parties and persons nominated, together with the party list candidates appearing on the party list of each such party and as standing nominated, and

(b) the persons shown in that statement standing nominated as individual candidates.

(3) A ballot paper must be—

(a) in form 12 set out in Welsh and English in Schedule 10, and

(b) printed in accordance with the directions in form 13 in that Schedule.

(4) The ballot paper must—

(a) contain the names of the individual candidates shown in the statement of parties and persons nominated, but must not contain a candidate’s home address information,

(b) contain the names or descriptions of the registered political parties shown in the statement of parties and persons nominated, together with the names of the candidates included on those parties’ lists,

(c) where a registered political party has elected to use the word “Wales”, “Welsh”, “Cymru” or “Cymreig” in the registered party name as set out in rules 6(4) and 7(2) and (3), display that word or those words on the ballot paper,

(d) be capable of being folded up, and

(e) have a number and other unique identifying mark printed on the back.

(5) The order of—

(a) the names or descriptions of the registered political parties, and

(b) the individual candidates,

in the ballot paper must be the same as in the statement of parties and persons nominated.

(6) If a certificate received by the returning officer under rule 7(1) requests that a registered political party’s emblem, or one of the party’s registered emblems, be shown on the ballot paper, the ballot paper must also contain that emblem to the right of the party’s name.

Corresponding number list

27

(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 32(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 37(1) (provision of ballot boxes and ballot papers at polling stations).

(5) The corresponding number list must be in form 14 set out in Welsh and English in Schedule 10, or a form to the like effect.

The official mark

28

(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 seven years must intervene between the use of the same official mark at an election for the same Senedd constituency.

(4) The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

29

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

30

(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 the Senedd to the person or body responsible for the management of the school;

(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.

(3) The use of a room in an unoccupied building for that purpose does not render a person liable to pay any council tax or non-domestic rates.

Action to be taken before the poll

Notice of poll

31

(1) The statement of parties and persons nominated required by rule 17 must include a notice of poll stating the day and hours fixed for the poll.

(2) 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.

(3) The notice required in accordance with paragraph (2) may be combined with the statement of parties and persons nominated required by rule 17.

(4) The returning officer must, as soon as practicable after publishing notice under paragraph (2), give a copy of it to each of the election agents appointed in accordance with article 39.

Postal ballot papers

32

(1) The returning officer must, in accordance with Schedule 2, issue to those entitled to vote by post—

(a) a ballot paper, and

(b) a postal voting statement,

in the forms set out in Schedule 10, together with such envelopes for the return of the ballot paper and postal voting statement as may be prescribed by Schedule 2.

(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 Welsh and English of any directions to or guidance for voters sent with the ballot paper,

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

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

(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.

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

Return of postal ballot papers

33

(1) Where a postal vote has been returned in respect of a person who is entered on the postal voters list, the returning officer must mark the appropriate list in the manner prescribed in Schedule 2.

(2) Where a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list, the returning officer must mark the appropriate list in the manner prescribed in Schedule 2.

(3) Rule 58(7) does not apply for the purpose of deciding whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Provision of polling stations

34

(1) The returning officer must—

(a) provide a sufficient number of polling stations, and

(b) subject to paragraph (3), allot the electors to the polling stations.

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

(3) The polling station allotted to electors from any polling district must be in the polling place for that district.

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

Appointment of presiding officers and clerks

35

(1) The returning officer must appoint and pay—

(a) a presiding officer to attend at each polling station, and

(b) such number of clerks as may be necessary for the purposes of the poll or the count or otherwise for the purposes of the election.

(2) The returning officer must not knowingly appoint, as a presiding officer or clerk—

(a) an individual candidate,

(b) a party list candidate, or

(c) a person who has been employed by or on behalf of an individual candidate or a registered political party in connection with the election.

(3) The returning officer may preside at a polling station.

(4) Where the returning officer presides at a polling station, these rules apply to the returning officer so presiding with the necessary modifications as to things done by the returning officer in relation to the presiding officer or by the presiding officer in relation to the returning officer.

(5) A presiding officer may authorise the clerks to do anything, including asking questions, that the presiding officer is required or authorised by these rules to do, except ordering the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

36

(1) The returning officer must, as soon as practicable after publishing notice of the election, send or deliver—

(a) an official poll card to electors not voting by post,

(b) an official postal poll card to electors voting by post and not by proxy,

(d) an official proxy postal poll card to a person voting as proxy for an elector by post.

(2) An official poll card or an official postal poll card must be sent or delivered to the elector’s qualifying address.

(3) An official proxy poll card or an official proxy postal poll card must be sent or delivered to the proxy’s address, as shown in the list of proxies.

(4) Subject to paragraph (5), each poll card must be in the appropriate form set out in Welsh and English in Schedule 10 or a form to the like effect and must set out—

(a) the name of the Senedd constituency to which the members are to be elected,

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

(d) such other information, not relating to any candidate or registered political party, as the returning officer considers appropriate.

(5) Paragraph (4)(c) does not apply to poll cards issued to postal voters and postal proxy voters (forms 17 and 18 in Schedule 10).

(6) Different information may be provided under paragraph (4)(d) to different electors or descriptions of elector.

(7) In the case of an elector with an anonymous entry, the poll card must—

(a) contain such information as is specified in the appropriate form in Schedule 10 instead of the information set out in paragraph (4)(b), and

(b) be sent or delivered in an envelope or other form of covering so as not to disclose that the elector has an anonymous entry.

(8) In this rule “elector”—

(a) means a person who is registered in the register for the Senedd constituency on the last day for the publication of notice of the election, and

(b) includes a person then shown in the register or, in the case of a person with an anonymous entry in the register, in the record of anonymous entries, as below voting age, but only if it appears from the register, or the record of anonymous entries, that the person will be of voting age on the day fixed for the poll.

Equipment of polling station

37

(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as the returning officer considers necessary.

(2) Each ballot box must be constructed so that 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, without the seal being broken.

(3) The returning officer must provide the presiding officer at each polling station with—

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

(b) copies of the relevant register of electors,

(c) copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act¹¹⁶ so far as relating to the relevant register of electors (notices in respect of alterations to the register),

(d) copies of the parts of any lists of persons entitled to vote by post or by proxy that correspond to the relevant register of electors, and

(e) a list (“the polling station’s corresponding number list”) consisting of that part of Part 2 of the corresponding number list prepared under rule 27 that contains the numbers, but not the other unique identifying marks, corresponding to those on the ballot papers provided to the presiding officer under paragraph (1).

(4) The documents provided in accordance with paragraph (3)(b), (d) and (e) may be provided in paper form or electronic form.

(5) In paragraph (3), “the relevant register of electors” means the register of electors for the constituency or such part of it as contains the entries relating to the electors allotted to the polling station.

(6) The returning officer must cause to be displayed at each polling station an enlarged sample copy of the ballot paper which complies with article 138(4) and (6).

(7) The returning officer must also provide each polling station with—

(a) an enlarged hand-held sample copy of the ballot paper which complies with article 138(6), for the assistance of voters who are partially-sighted, and

(b) 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 48, including in relation to voting secretly.

(8) In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 46 because of—

(a) severe sight impairment or partial sight, or

(b) another disability.

(9) The sample copy of the ballot paper required to be displayed and provided by paragraphs (6) and (7)(a) must be clearly marked as specimen and provided only for the guidance of voters.

(10) The returning officer must also cause a notice in form 19 set out in Welsh and English in Schedule 10, giving directions for the guidance of voters in voting, to be displayed—

(a) inside each polling station, but outside the voting compartments, and

(b) outside each polling station.

(11) The appropriate statement of parties and persons nominated referred to in rule 17 must be printed in conspicuous characters and exhibited inside and outside every polling station.

(12) A notice containing the following information must be exhibited inside each voting compartment in each polling station—

Pleidleisiwch unwaith yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu mae’n bosibl na chaiff eich pleidlais ei chyfrif. Vote only once on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted.

(13) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (7)(b).

(14) Before giving guidance under paragraph (13), the Electoral Commission must consult such persons, including bodies representing the interests of relevant persons, as it considers appropriate.

(15) In performing the duty imposed by paragraph (7)(b), a returning officer must have regard to guidance given under paragraph (13).

Appointment of polling and counting agents

38

(1) An individual candidate and the election agent for a registered political party standing nominated may, before the poll begins, appoint—

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

(b) counting agents to attend at the counting of votes.

(2) The returning officer may limit the number of counting agents that may be appointed under paragraph (1), so that—

(a) the number is the same for each individual candidate or registered political party, and

(b) the number allowed to an individual candidate or registered political party is not, except in special circumstances, less than the number obtained by dividing the number of clerks employed on the counting by the number of individual candidates and registered political parties standing nominated.

(3) Notice in writing of an appointment under paragraph (1) must be given to the returning officer by the person making the appointment.

(4) The notice must—

(a) give the names, postal addresses and e-mail addresses, where available, of the persons appointed, and

(b) be given no later than the fifth day before the day of the poll, disregarding any excluded day.

(5) If a polling agent or counting agent dies or becomes incapable of acting, the person who made the appointment—

(a) may appoint another agent in their place, and

(b) must immediately give the returning officer a notice stating the other agent’s name, postal address and e-mail address, where available.

Polling and counting agents: supplemental provision

39

(1) An individual candidate or the election agent for an individual candidate or a registered political party standing nominated may—

(a) do anything that the polling or counting agent of that candidate or party is authorised to do, or would, if appointed, have been authorised to do;

(b) assist the polling or counting agent of that candidate or party to do anything that the polling or counting agent is authorised to do.

(2) Anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done instead in the presence of the election agent of the individual candidate or party.

(3) Where these rules require or authorise something to be done in the presence of the polling or counting agents, the non-attendance of the agent or agents at the time and place appointed does not invalidate the thing done.

(4) Any notice required to be given to a counting agent by the returning officer may be sent to the postal or e-mail address provided in the notice of appointment.

(5) Where an individual candidate or registered political party standing nominated does not have a counting agent, the returning officer may give the candidate or the party any notice that is required by these rules to be given to the counting agent.

Notification of requirement of secrecy

40

(1) The returning officer must make arrangements to ensure that every person attending at a polling station, other than a person described in paragraph (2), has been given a notice setting out the provisions of article 35(1), (2), (4) and (7).

(2) The persons to whom the duty under paragraph (1) does not apply are—

(a) a person attending the polling station for the purpose of voting;

(b) a person under the age of 16 who accompanies a voter to the polling station;

(d) a person attending the polling station as a constable on duty.

(3) In this rule, a reference to a constable includes a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002¹¹⁷ (police powers for civilian staff and volunteers).

The poll

Admission to polling station

41

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

(a) voters allotted to the polling station,

(b) persons under the age of 16 who accompany voters to the polling station,

(d) the election agents of individual candidates, or in relation to any registered political party standing nominated, the election agent of such a party in respect of the list it has submitted,

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

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

(g) the returning officer or members of the returning officer’s staff,

(h) persons who are entitled to attend by virtue of any of section 6A to 6D of the 2000 Political Parties Act¹¹⁸ (representatives of the Electoral Commission and accredited observers),

(i) the constables on duty, and

(j) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 16 who accompany them who are admitted to the polling station at the same time.

(3) Not more than one party list candidate from the same party list submitted by a registered political party may be admitted at the same time to a polling station.

(4) Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same individual candidate or on behalf of the same registered political party.

(5) A constable voting in person may do so either—

(a) at the polling station allotted under these rules, or

(b) at another polling station, if the constable produces and surrenders a certificate in form 2 set out in Welsh and English in Schedule 10, or a form to the like effect, signed by an officer of police of or above the rank of inspector.

(6) A person employed by the returning officer, if voting in person, may do so either—

(a) at the polling station allotted under these rules, or

(b) at another polling station, if the person produces and surrenders a certificate in form 2 set out in Welsh and English in Schedule 10, or a form to the like effect, signed by the returning officer.

(7) A certificate surrendered under paragraph (5) or (6) must immediately be cancelled.

(8) 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).

Keeping of order in the polling station

42

(1) The presiding officer must keep order at the polling station.

(2) If a person engages in misconduct in a polling station, or fails to obey any orders lawfully given by the presiding officer, the presiding officer may order that the person be removed from the polling station.

(3) Where the presiding officer orders that a person be removed, the person may be removed immediately—

(a) by a constable in or near the polling station, or

(b) by any other person authorised in writing by the returning officer to remove people from the polling station.

(4) Where a person is removed, the person must not, without the presiding officer’s permission, re-enter the polling station on the day of the poll.

(5) Where a person who is removed is charged with the commission of an offence in the polling station, the person may be dealt with as a person taken into custody by a constable for an offence without a warrant.

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

Sealing of the ballot boxes

43

(1) The presiding officer must take the following steps immediately before the poll begins.

(2) The presiding officer must show the empty ballot box to those people, if any, who are present in the polling station, so that they may see that it is empty.

(3) The presiding officer must then—

(a) lock up the box, if it has a lock, and

(b) place the presiding officer’s seal on it, in such a way as to prevent it being opened without breaking the seal.

(4) The presiding officer must then place the box, within the presiding officer’s view, for the receipt of ballot papers.

(5) The presiding officer must keep the box locked and sealed or, if it does not have a lock, keep it sealed.

Questions to be put to voters

44

(1) At the time of an application for a ballot paper, but not afterwards, the presiding officer may put to any person described in column (1) of Table 1 (set out in paragraph (4)) or in column (1) of Table 2 (set out in paragraph (5)), one or more of the questions set out in the corresponding entries in columns (2) and (3).

(2) If required to do so by a candidate or the election or polling agent of an individual candidate or registered political party standing nominated, the presiding officer must put to any person described in column (1) of Table 1 one or more of the questions set out in the corresponding entries in columns (2) and (3).

(3) A question may be asked in English (as set out in column (2) of the Tables) or Welsh (as set out in column (3) of the Tables).

(4) Table 1 sets out the questions that a presiding officer may put under paragraph (1) and that a candidate, or election or polling agent of an individual candidate or registered political party standing nominated may require to be put under paragraph (2).

Column (1)	Column (2)	Column (3)
Description	Question to be asked in English	Question to be asked in Welsh
1. A person applying as an elector	1(a) “Are you the person registered in the register of local government electors as follows?”Notes to 1(a)The presiding officer must then read the whole entry from the copies of the registration records.1(b) “Have you already voted, here or elsewhere, at this election, otherwise than as proxy for some other person?”	1(a) “Ai chi yw’r person sydd wedi ei gofrestru yn y gofrestr etholwyr llywodraeth leol fel a ganlyn?”Nodiadau ar 1(a)Yna rhaid i’r swyddog llywyddu ddarllen y cofnod cyfan o’r copïau o’r cofnodion cofrestru.1(b) “Ydych chi eisoes wedi pleidleisio, fan hyn neu rywle arall, yn yr etholiad hwn, heblaw fel dirprwy ar ran rhyw berson arall?”
2. A person applying as a proxy for an elector other than an elector who has an anonymous entry	2(a) “Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD?”2(b) “Have you already voted, here or elsewhere, at this election, as proxy on behalf of CD?”2(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister or grandchild of CD?”Notes to 2(a) to (c)Where a question refers to AB, the presiding officer reads out the name as it appears in the list of proxies. Where a question refers to CD, the presiding officer reads out the name of the elector.	2(a) “Ai chi yw’r person y mae ei enw’n ymddangos fel AB yn y rhestr dirprwyon ar gyfer yr etholiad hwn fel person sydd â hawl i bleidleisio fel dirprwy ar ran CD?”2(b) “Ydych chi eisoes wedi pleidleisio, fan hyn neu rywle arall, yn yr etholiad hwn, fel dirprwy ar ran CD?”2(c) “Ai chi yw priod, partner sifil, rhiant, taid/tad-cu, nain/mam-gu, brawd, chwaer, ŵyr neu wyres CD?”Nodiadau ar 2(a) i (c)Pan fo cwestiwn yn cyfeirio at AB, mae’r swyddog llywyddu’n darllen yr enw fel y mae’n ymddangos yn y rhestr dirprwyon. Pan fo cwestiwn yn cyfeirio at CD, mae’r swyddog llywyddu’n darllen enw’r etholwr.
3. A person applying as proxy for an elector who has an anonymous entry, instead of the questions at entry 2.	3(a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is [X]?”3(b) “Have you already voted, here or elsewhere, at this election, as proxy on behalf of the elector whose number on the register of electors is [X]?”3(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the elector whose number on the register of electors is [X]?”Note to 3(a) to (c)Where the questions in this entry refer to [X], the presiding officer must read the elector’s number from the copies of the registration records.	3(a) “Ai chi yw’r person sydd â hawl i bleidleisio fel dirprwy ar ran yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”3(b) “Ydych chi eisoes wedi pleidleisio, fan hyn neu rywle arall, yn yr etholiad hwn, fel dirprwy ar ran yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”3(c) “Ai chi yw priod, partner sifil, rhiant, taid/tad-cu, nain/mam-gu, brawd, chwaer, plentyn, ŵyr neu wyres yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”Nodiadau ar 3(a) i (c)Pan fo’r cwestiynau yn y cofnod hwn yn cyfeirio at [X], rhaid i’r swyddog llywyddu ddarllen rhif yr etholwr o’r copïau o’r cofnodion cofrestru.
4. A person applying as proxy who has been asked the question numbered 2(c) or 3(c) and has not answered “yes”	4 “At this election, have you already voted in this constituency on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?”	4 “Yn yr etholiad hwn, ydych chi eisoes wedi pleidleisio yn yr etholaeth hon ar ran dau berson nad ydych yn briod, yn bartner sifil, yn rhiant, yn daid/tad-cu neu’n nain/mam-gu, yn frawd, yn chwaer, yn blentyn, yn ŵyr neu’n wyres iddynt?”

(5) Table 2 sets out the questions that a presiding officer may put under paragraph (1), but cannot be required to put under paragraph (2).

Column (1)	Column (2)	Column (3)
Description	Question to be asked in English	Question to be asked in Welsh
1. A person applying as an elector in relation to whom there is an entry in the postal voters list	1(a) “Did you apply to vote by post?”1(b) “Why have you not voted by post?”	1(a) “Wnaethoch chi gais am bleidleisio drwy’r post?”1(b) “Pam nad ydych chi wedi pleidleisio drwy’r post?”
2. A person applying as proxy who is named in the proxy postal voters list.	2(a) “Did you apply to vote by post as proxy?”2(b) “Why have you not voted by post as proxy?”	2(a) “Wnaethoch chi gais am bleidleisio drwy’r post fel dirprwy?”2(b) “Pam nad ydych chi wedi pleidleisio drwy’r post fel dirprwy?”

(6) A ballot paper must not be given to any person required to answer one or more of the questions in Table 1 or 2 unless the person has answered the question or questions satisfactorily.

(7) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

(8) In this rule, “the copies of the registration records” means the copies provided by the returning officer for the polling station under rule 37(3)(b) and (c) (copies of the relevant register of electors and copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act relating to the relevant register of electors).

Challenge of voter

45

A person must not be prevented from voting by reason only that—

(a) a candidate or an election or polling agent of an individual candidate or registered political party declares that they have reasonable cause to believe that the person has committed an offence of personation, or

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

Voting procedure

46

(1) A ballot paper must be given to a voter who applies for one.

(2) Immediately before the ballot paper is given—

(a) the number of the elector, as stated in the copies of the registration records, must be called out,

(b) unless the elector has an anonymous entry, the name of the elector, as stated in the copies of the registration records, must also be called out,

(c) the number of the elector must be marked on the polling station’s corresponding number list beside the number of the ballot paper to be issued,

(d) a mark must be placed in the copies of the registration records against the number of the elector to note that a ballot paper has been received, but without showing the particular ballot paper that has been received, and

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

(3) In the case of an elector who has an anonymous entry—

(a) the ballot paper may be given only if the elector’s official poll card or, where the elector is voting by proxy, the proxy’s official poll card is shown to the presiding officer, and

(b) only the elector’s number may be called out.

(4) On receiving the ballot paper, the voter must go immediately into one of the compartments in the polling station.

(5) Without undue delay, the voter must then—

(a) secretly mark the ballot paper,

(b) fold the ballot paper up so as to conceal the vote,

(c) show the presiding officer the back of the ballot paper, so as to disclose the number and other unique identifying mark, and

(d) put the ballot paper into the ballot box in the presiding officer’s presence.

(6) As soon as the voter has put the ballot paper in the ballot box, the voter must leave the polling station.

(7) If a voter is in the polling station, or in a queue outside the polling station, at the close of the poll and has not yet been able to cast their vote, the presiding officer must permit the voter to cast their vote as soon as practicable.

(8) In this rule, “the copies of the registration records” has the same meaning as in rule 44 (see paragraph (8) of that rule).

Voters with a disability or unable to read: marking of votes by presiding officer

47

(1) A voter may apply to the presiding officer for their vote to be marked if the voter—

(a) is unable, because of severe sight impairment or other disability, to vote in the manner directed by these rules, or

(b) declares orally that they are unable to read.

(2) Where an application is made, the presiding officer must, in the presence of any polling agents who are in the polling station when the application is made—

(a) cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b) cause the ballot paper to be placed in the ballot box.

(3) Where a voter’s vote is marked in pursuance of paragraph (2), the presiding officer must enter the following details on a list maintained by the presiding officer for the purposes of this rule (“the list of votes marked by the presiding officer”)—

(a) the name and number of the voter, as shown in the copies of the registration records, and

(b) the reason why the vote was marked.

(4) 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 votes marked by the presiding officer is the elector’s number.

(5) In this rule, “the copies of the registration records” has the same meaning as in rule 44 (see paragraph (8) of that rule).

Voters with a disability or unable to read: assistance of companions

48

(1) A voter may apply to the presiding officer, on the ground of severe sight impairment or other disability or inability to read, to be allowed to vote with the assistance of a companion.

(2) Where an application is made, the presiding officer must require the voter to declare, orally or in writing, whether the voter is so affected by severe sight impairment or other disability, or by inability to read, as to be unable to vote without the assistance of a companion.

(3) In the following provisions of this rule, a voter who declares that they are so affected by severe sight impairment or other disability, or by inability to read, as to be unable to vote without the assistance of a companion is referred to as a voter with disabilities.

(4) At the time when an application to vote with the assistance of a companion is made, the companion must make a written declaration before the presiding officer that the companion—

(a) has attained the age of 16, and

(b) has not previously assisted more than one voter with disabilities to vote at the election.

(5) The companion’s declaration must be—

(a) in form 20 set out in Welsh and English in Schedule 10, and

(b) given to the presiding officer who must attest it and retain it.

(6) The presiding officer must grant the voter’s application for the assistance of a companion if the presiding officer—

(a) is satisfied that the voter is so affected by severe sight impairment or other disability, or by inability to read, as to be unable to vote without the assistance of a companion, and

(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

49

(1) Where a vote is given with the assistance of a companion in accordance with rule 48, 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 48(4).

(5) In this rule, “the copies of the registration records” has the same meaning as in rule 44 (see paragraph (8) of that rule).

Tendered ballot papers: circumstances where available

50

(1) The procedure for giving the vote is modified in accordance with paragraph (2) where a person who applies for a vote (“the applicant”)—

(a) is entitled to vote on satisfactorily answering the questions that are permitted to be asked at the poll in accordance with rule 44, and

(b) falls within any of the circumstances set out in paragraphs (3) to (8).

(2) The applicant must—

(a) use a ballot paper that is of a different colour to other ballot papers, and

(b) give the ballot paper to the presiding officer (instead of putting it in the ballot box).

Circumstances where vote already given in person

(3) The first set of circumstances is where—

(a) the 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, and

(b) another person has already voted in person either as that elector or as that elector’s proxy.

(4) The second set of circumstances is where—

(a) the 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, and

(b) another person has already voted in person either as that elector or as that elector’s proxy.

Tendered ballot papers: duties of presiding officer

51

(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 44 (see paragraph (8) of that rule).

Spoilt ballot papers

52

(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 the day of poll

53

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

54

(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

55

(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—

(a) seal each ballot box 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 seals, and

(b) attach any ballot box key to the ballot box.

(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;

(d) the polling station’s corresponding number list, as marked (see rule 46(2)(c));

(e) any certificates surrendered under rule 41(5) or (6) (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 were marked because they were disabled or unable to read (see rule 47);

(ii) the declarations made by the companions of voters with disabilities (see rule 48);

(iii) the list of voters with disabilities assisted by companions (see rule 49);

(iv) the tendered votes list (see rule 51);

(v) the list maintained under rule 53 (correction of errors on day of poll);

(g) the postal ballot papers and postal voting statements which have been returned by hand to the polling station (unless previously collected in accordance with paragraph 19(3) of Schedule 2).

(4) The presiding officer must do anything required by paragraph (3)(a), (b), (e), (f) or (g) in the polling station, in the presence of any polling agents who are there.

(5) 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.

(6) Documents sealed in accordance with paragraphs (3)(c) and (d) and (5) may be sealed in physical packets or electronic packets, and seals that are applied to those packets may be applied physically or electronically, as appropriate.

(7) The presiding officer must deliver the sealed ballot boxes and packets to the returning officer or cause them to be delivered in accordance with the security and access arrangements approved by the returning officer.

(8) 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.

(9) In this rule, “the marked copies of the registration records” means the copies of the registration records, as defined by rule 44(8), as marked in accordance with these rules.

Counting of Votes

Arrangements for the counting of votes

56

(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

57

(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 individual and party list candidate and a guest of each candidate;

(d) the counting agents;

(e) any person who is entitled to attend by virtue of sections 6A to 6D of the 2000 Political Parties Act (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—

(a) an individual candidate for whom a vote is given, or

(b) a registered political party for which a vote is given,

and then counting the number of ballot papers for each such candidate or party, 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 Act¹¹⁹ (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

58

(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 papers.

(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 before the close of the poll,

(b) given by hand to the returning officer before the close of the poll, or

(8) A postal voting statement is properly completed if—

(a) it is signed by the elector or 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 the proxy, and

(c) in a case where the returning officer is required to takes steps to verify the date of birth and signature of an elector or proxy in accordance with paragraph 23 of Schedule 2, 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

59

(1) Subject to paragraph (2), the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.

(2) The returning officer may agree with the counting agents appointed for the purposes of the election to exclude any or all of the hours between 7.00 p.m. and 9.00 a.m. the following day.

(3) For the purposes of the exception in paragraph (2), the agreement of—

(a) an individual candidate or the candidate’s election agent, or

(b) the election agent for a registered political party standing nominated,

will be as effective as the agreement of the candidate’s or party’s counting agents.

(4) 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

60

(1) Subject to paragraphs (2) to (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 more than one vote is given;

(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) Paragraphs (3) and (4) apply 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

(3) 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

(4) A ballot paper on which a vote is marked for a particular party list candidate on the party list of a registered political party is, if otherwise valid, to be treated as a vote for that party, whether or not there is also a vote marked for that party.

(5) The returning officer must endorse the word “gwrthodwyd” or the word “rejected” or both, on any ballot paper which, in accordance with this rule, is not to be counted.

(6) If a counting agent objects to the returning officer’s decision, the returning officer must add the words “gwrthwynebwyd y gwrthodiad” or the words “rejection objected to” or both, to the endorsement.

(7) The returning officer must prepare a statement showing the number of ballot papers rejected.

(8) The statement must set out the number rejected under each of the headings in paragraph (1).

Re-count

61

(1) If present when the count is completed, the following persons may request that the returning officer re-count the votes—

(a) an individual candidate, or the candidate’s election agent,

(b) a party list candidate or an election agent for the registered political party standing nominated, or

(c) subject to paragraph (4), a counting agent for an individual candidate or a registered political party standing nominated.

(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, election agents and counting agents who are present have been given a reasonable opportunity to request that the votes are re-counted.

(4) Where no candidate or election agent is present on the completion of the counting or re-count of votes, subject to paragraph (5), the right conferred on that person by this rule may be exercised by a counting agent referred to in paragraph (1)(c) present providing the terms of appointment of the counting agent authorise that agent to exercise this right.

(5) Not more than one counting agent for the same individual candidate or registered political party standing nominated may be appointed for the purposes of this rule in relation to the same Senedd constituency.

(6) Where a re-count takes place, this rule also applies in relation to the re-count so that, for example, a candidate or an election agent may, if present when the re-count is completed, request that the returning officer re-count the votes.

Decision on ballot papers

62

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

PART 4 — Final proceedings in contested and uncontested elections

Ascertainment of results at a contested election

63

(1) At a contested election, the returning officer must ascertain the results of the poll in accordance with sections 8 and 9 of the 2006 Act.

(2) The returning officer must give notice in writing to the election agents of the place and time at which the returning officer will begin to ascertain the results of the poll, together with such other information as the returning officer considers appropriate.

(3) Unless permitted by the returning officer to attend, only the following persons may be present at the proceedings on the ascertainment of the results—

(a) the returning officer and members of the returning officer’s staff,

(b) each individual candidate and party list candidate and one other person chosen by each of them,

(d) any person who is entitled to attend by virtue of sections 6A to 6D of the 2000 Political Parties Act (representatives of the Electoral Commission and accredited observers).

(4) Permission may not be given under paragraph (3) unless the returning officer—

(a) is satisfied that the person’s attendance will not impede the efficient ascertainment of the results, and

(b) has either consulted the election agents about whether to give permission or decided that it is not practicable to consult them.

(5) The returning officer must give the election agents and candidates all such reasonable facilities for overseeing the proceedings, and all such information about them, including for satisfying themselves that the ascertainment of the result the returning officer is required to make is accurate, 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.

(6) The returning officer must provisionally ascertain the results of the poll and notify that provisional ascertainment to the following persons, if present—

(a) an individual candidate or the candidate’s election agent, and

(b) the election agent for a registered political party standing nominated or, in absence of the agent, one of the candidates on the list submitted by that party.

(7) A person to whom notification is given under paragraph (6) may require the returning officer to ascertain provisionally those results again, but the returning officer may refuse to do so if in the opinion of the returning officer the request is unreasonable.

(8) No step may be taken to complete the ascertainment of the result until the persons notified under paragraph (6) have been given a reasonable opportunity to exercise the right conferred under paragraph (7).

(9) Where the returning officer has provisionally ascertained the results again under paragraph (7), paragraphs (6) to (8) and this paragraph apply to the further provisional ascertainment.

(10) If in ascertaining the results of the poll the returning officer is required to draw lots (see section 9(9) of the 2006 Act), the returning officer must allocate the seat to the individual candidate or party on whom the lot falls.

(11) The returning officer is deemed to have completed ascertaining the results of the poll when, following a provisional ascertainment—

(a) there is no request made under paragraph (7) for the returning officer to make a further provisional ascertainment, or

(b) if there is such a request, the returning officer refuses to make a further provisional ascertainment.

Declaration of result

64

(1) After the returning officer has ascertained the results of the poll, the returning officer must immediately—

(a) announce, in Welsh and English, the individual candidates or the registered political parties to whom seats have been allocated, together with the names of the party list candidates who are to fill such seats;

(b) declare, in Welsh and English, those individual or party list candidates to have been elected.

(2) The returning officer must give notice to the Clerk in accordance with paragraph (6) stating the names of the candidates elected, and in respect of any party list candidate, the name of the registered political party for which they were such a candidate.

(3) At an uncontested constituency election, the statement of parties and persons nominated, in addition to showing the registered political parties and other persons standing nominated, must also—

(a) set out the individual candidates or the registered political parties to whom seats have been allocated, together with the names of the party list candidates who are to fill such seats, and

(b) declare those individual or party list candidates to have been elected and returned,

and the returning officer must immediately return the names of those persons to the Clerk (and, in respect of any party list candidate, the name of the registered political party for which they were such a candidate) in accordance with paragraph (6).

(4) At a contested and uncontested constituency election, the returning officer must also publish notice, in Welsh and English, of—

(a) the name of any individual candidates elected,

(b) the name of any party list candidates elected, together with the name of the registered political party for which they were such a candidate,

(d) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (see rule 60(7)), and

(e) in respect of the number of votes referred to in sub-paragraph (c), a breakdown of the number of votes given for each such candidate or party in each constituency.

(5) For the purposes of paragraphs (1) and (4), where the statement of parties and persons nominated shows a candidate’s commonly used forenames or surnames, the returning officer may use those commonly used forenames or surnames to make the announcement, and give notice, of the election results.

(6) For the purposes of paragraphs (2) and (3), the returning officer must return the names required to be returned by—

(a) completing a certificate in form 22 set out in Welsh and English in Schedule 10, and

(b) delivering the certificate, or causing it to be delivered, to the Clerk.

Return or forfeiture of deposit

65

(1) The deposit made under rule 11 is to be—

(a) in the case of an individual candidate, returned to the person making it, or to that person’s personal representatives,

(b) in the case of a registered political party, returned to the registered nominating officer of the party which submitted the party list to which the deposit relates, or

(2) Except in the cases set out in paragraph (4), the deposit must be returned not later than the next day after that on which the result or results of the elections is or are declared.

(3) For the purposes of paragraph (2)—

(a) any day that is an excluded day must be disregarded, and

(b) the deposit will be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) Where—

(a) an individual candidate or a registered political party is not shown as standing nominated in the statement required by rule 17(1), or

(b) the poll is countermanded or abandoned by reason of an individual candidate’s death,

the deposit must be returned as soon as practicable after the publication of that statement or the time when the returning officer is satisfied of the candidate’s death.

(5) Subject to paragraph (4)—

(a) an individual candidate’s deposit will be forfeited if, after the poll is taken and after the counting of the votes, including any re-count, is completed, that candidate is found to have polled less than 5% of the total number of votes polled in the constituency in which the candidate stood nominated;

(b) a registered political party’s deposit will be forfeited in respect of a constituency in which the party stood nominated if, after the poll is taken and after the counting of the votes, including any re-count, is completed, the party is found to have polled less than 5% of the total number of votes polled in that constituency.

PART 5 — Disposal of documents

Sealing up of ballot papers at contested elections

66

(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.

(3) The returning officer must not open, or permit access to, any packets sealed under rule 55(3) that contain—

(a) tendered ballot papers,

(b) marked copies of the corresponding number lists,

(d) marked copies of the registration records and list of proxies.

Delivery of documents to registration officer at contested elections

67

(1) This rule applies where the returning officer has sealed up the counted and rejected ballot papers under rule 66(2).

(2) The returning officer must securely forward the following documents to the relevant registration officer—

(a) the packets of ballot papers in the returning officer’s possession;

(b) the ballot paper accounts prepared under rule 55(8);

(d) the statements as to the result of the verification of the ballot paper accounts prepared under rule 58(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 were marked because they were disabled or unable to read (see rule 47);

(ii) the declarations made by the companions of voters with disabilities (see rule 48);

(iii) the lists of voters with disabilities assisted by companions (see rule 49);

(iv) the tendered votes lists (see rule 51);

(v) the lists maintained under rule 53 (correction of errors on day of poll);

(f) the packets containing marked copies of the corresponding number lists;

(g) the packets containing certificates surrendered by constables or staff of returning officers under rule 41(5) or (6);

(h) the packets containing copies of the registration records and the lists of proxies;

(i) the packets containing the postal voters list and the proxy postal voters list.

(3) In relation to each packet, the returning officer must provide—

(a) a description of the contents of the packet,

(b) the date of election to which the packet relates, and

(4) The relevant registration officer must make arrangements to—

(a) securely store all documents received in accordance with this rule, and

(b) prevent any unauthorised access to those documents.

Production etc. of documents

68

(1) This rule applies in relation to the following documents when in the custody or control of the relevant registration officer, having been forwarded under rule 67—

(a) rejected and counted ballot papers;

(b) sealed packets containing marked copies of the corresponding number lists;

(c) sealed packets containing certificates surrendered by constables or staff of returning officers under rule 41(5) or (6).

(2) The High Court or 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 a Senedd election petition—

(a) an order for the inspection or production of any of the rejected ballot papers;

(b) an order for the inspection of any of the counted ballot papers;

(i) marked copies of the corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 41(5) or (6);

(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) marked copies of the corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 41(5) or (6);

(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;

(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.

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