The Justices of the Peace (Size and Chairmanship of Bench) Rules 2005

Conduct of postal ballot

7.—(1) Where nominations are received under rule 6 and have not been withdrawn before the date of posting the ballot papers, the secret ballot held under rule 5(2) shall be a postal ballot held in accordance with this rule.

(2) The justices'clerk shall—

(a) where there is to be an election of a chairman, prepare ballot papers which contain a list in alphabetical order of the justices nominated as chairman;

(b) where there is to be an election of a deputy chairman or deputy chairmen, prepare ballot papers which contain a list in alphabetical order of the justices nominated as deputy chairman; and

(c) send by first class post to each justice eligible to vote in a postal ballot one ballot paper for each election.

(3) There must be—

(a) at least 21 days between the date of posting the ballot papers and the closing date for receipt of completed ballot papers (including the date of posting but excluding the closing date for receipt of completed ballot papers); and

(b) at least 7 days between the closing date for receipt of completed ballot papers and the date of the election meeting (including the closing date for receipt of completed ballot papers but excluding the date of the election meeting).

(4) Each justice who votes shall write “X” on the appropriate ballot paper—

(a) against the name of the justice who is his choice to be chairman,

(b) where a single deputy chairman is to be elected, against the name of the justice who is his choice to be deputy chairman, and

(c) where more than one deputy chairman is to be elected, against the names of as many justices as are his choice to be deputy chairmen, provided that the number of votes so cast does not exceed the number of deputy chairmen to be elected.

(5) Paragraph (6) applies in the case of a justice who votes, where—

(a) the nomination of a candidate has, by virtue of rule 6(7), been treated as a nomination for the office of chairman and for the office of deputy chairman,

(b) the justice has voted for that person as a candidate for the office of deputy chairman,

(c) the justice has cast the maximum number of votes for the office of deputy chairman permitted under paragraph (4) above, and

(d) there remain candidates for the office of deputy chairman for whom the justice has not voted.

(6) In a case to which this paragraph applies, a justice may, in addition to the votes he has already cast, cast a reserve vote by writing “R” on the appropriate ballot paper against the name of the justice who is his choice to be deputy chairman in the event that any other justice for whom he has voted as his choice to be deputy chairman is elected to be chairman.

(7) A justice who votes shall return his ballot paper to the justices'clerk by post or by hand.

(8) A ballot shall not be invalidated by reason of —

(a) a ballot paper not being received by a justice eligible to vote in a postal ballot; or

(b) a completed ballot paper not being received by the justices'clerk.

(9) As soon as practicable after the closing date for receipt of the completed ballot papers, the justices'clerk shall—

(a) determine the result of the postal ballot for election as chairman; and

(b) then, subject to paragraph (10), determine the result of the postal ballot for election to the office of deputy chairman.

(10) Where a chairman is not elected before the election meeting, the result of the postal ballot for the election to the office of deputy chairman shall not be determined until after a chairman has been elected at the election meeting.

(11) When the result of the postal ballot has been determined, the justices'clerk shall—

(a) immediately notify the candidates of the result, and

(b) either give the justices written notice of the result before the election meeting or announce it at the meeting.