The Greater London Authority Elections Rules 2007

Verification and the count U.K.

49.—(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) in the presence of the counting agents appointed for the purposes of the election and each relevant election or referendum, open each ballot box from each polling station together, and record separately the number of ballot papers used in the election and each relevant election or referendum with which is it is taken,

(b) in the presence of the counting agents appointed for the purposes of the election and each relevant election or referendum, verify each ballot paper account at the election and for each relevant election or referendum,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the election and each relevant election or referendum,

(d) where the same ballot boxes have been used for the election and each relevant election or referendum, separate the ballot papers for all of the Authority elections from those for any other relevant election or referendum.

(e) make up into packets the ballot papers for each relevant election or referendum (not including those for any Authority election) and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,

(f) deliver or cause to be delivered to the returning officer for the relevant election or referendum to which the ballot papers relate—

(i) those containers, together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that relevant election or referendum, and

(g) at the same time deliver to that officer the packets that so relate containing–

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers, and

(iii) the completed corresponding number lists of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, and the votes on the ballot papers are not to be counted concurrently with the votes on the ballot papers at a relevant election or referendum, he must—

(a) on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given by him in writing to the counting agents under rule 47(2), open each container in the presence of the counting agents;

(b) where the proceedings on the issue and receipt of postal ballot papers at the election are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001 M1 , or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 M2 , count such of the postal ballot papers as have been duly returned and record the number counted,

and paragraph (10) below does not apply to these proceedings.

(3) Where separate ballot boxes are used for the ballots at the election and each relevant election and referendum, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(4) Where the same ballot boxes are used for the election and other Authority elections, but not for other relevant elections or referendums—

(a) the CRO must not mix the ballot papers for Authority elections from any ballot box or container with the contents of any other ballot box or container (including a postal ballot box) during the conduct of verification (where this occurs under paragraph (1)), the count or any re-count;

(b) the ballot boxes from each polling station for the Authority elections shall be opened together and the ballot papers counted (but not necessarily the votes on them) and verified together.

(5) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (6) and reaches the CRO or any polling station in the appropriate area (as defined in paragraph (7)) before the close of the poll,

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches him or such polling station before that time,

(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and

(d) in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act M3 , the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).

(6) The manner in which any postal paper or postal voting statement may be returned—

(a) to the CRO, is by hand or by post,

(b) to a polling station in the appropriate area, is by hand.

[F1 (6A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station in the appropriate area at or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.]

(7) For the purposes of paragraphs [F2 (5), (6) and (6A)], “polling station in the appropriate area” means a polling station—

(a) in the area which is common to the Assembly constituency, and parliamentary constituency, local counting area, electoral area or voting area, as the case may be, in which the polls at the Authority election and a relevant election or referendum are being taken together, and

(b) in respect of which polls the voter has been issued with a postal ballot paper.

(8) After the completing the proceedings in paragraph (1) or (2), the CRO must cause the electronic counting system to process the ballot papers for the election so as to count—

(a) the number of ballot papers, and

(b) votes given on the ballot papers.

(9) The CRO must not cause the electronic counting system to count any tendered ballot paper.

(10) Subject to paragraph (11), the CRO must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.

(11) The CRO may verify each ballot paper account for the election by comparing it with the number of ballot papers processed by the electronic counting system, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list).

(12) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(13) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded.

(14) At an ordinary election, the hours between 5 in the afternoon and 10 on the following morning may only be excluded with the prior consent of the GLRO.

(15) During the time so excluded the CRO must—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

Textual Amendments

F1 Sch. 5 rule 49(6A) inserted (8.2.2016) by The Greater London Authority Elections (Amendment) Rules 2016 (S.I. 2016/24), rules 1(2), 9(4)(b)(i)

F2 Words in Sch. 5 rule 49(7) substituted (8.2.2016) by The Greater London Authority Elections (Amendment) Rules 2016 (S.I. 2016/24), rules 1(2), 9(4)(b)(ii)

Modifications etc. (not altering text)

C1 Sch. 5 para. 49(2)(b) modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 27(c)

Marginal Citations

M1 S.I. 2001/341.

M2 c. 22. Sections 44 and 45 were amended by the Political Parties, Elections and Referendums Act 2000 (c. 41) and section 105 was amended by section 105 of the Local Government Act 2003 (c. 26).

M3 See regulation 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.