The Local Authorities (Conduct of Referendums)(England) Regulations 2012

The count E+W

36.—(1) The counting officer must—

(a) in the presence of the counting observers open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the counting observers verify each ballot paper account; and

(c) count such of the postal ballot papers as have been duly returned and record the number counted.

(2) The counting officer must not count the votes given on any ballot papers 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.

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

(a) it is returned in the manner set out in paragraph (4) and reaches the counting officer or any polling station in the voting area in question before the close of the poll;

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) and reaches the counting officer or such a polling station before that time;

(c) the postal voting statement also states the date of birth of a voter or proxy; and

(d) in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act, the counting officer (having taken such steps) verifies that date of birth and that signature.

[F1 (3A) A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) 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.]

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

(a) to the counting officer, is by hand or by post;

(b) to a polling station, is by hand.

(5) The counting officer must not count any tendered ballot paper.

(6) The counting officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(7) The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him or her, and the unused and spoilt ballot papers in his or her 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 counting observer may copy.

(8) The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he or she may exclude the hours between 7 in the evening and 9 on the following morning.

(9) During the time so excluded the counting officer must—

(a) place the ballot papers and other documents relating to the referendum under his or her own seal; and

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

Textual Amendments

F1 Sch. 3 rule 36(3A) inserted (6.4.2014) by The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014 (S.I. 2014/924), regs. 1(3), 8 (with reg. 1(4))