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

PART 4 Counting of Votes and Declaration of Result at Contested Elections

Overview of rules and interpretation

52.—(1) This rule provides an overview of the application of this Part.

(2) Where the returning officer is the co-ordinating returning officer, the following rules apply—

(a) rule 53 (attendance at proceedings);

(b) rule 54 (preliminary and general duties);

(c) rule 55 (separation of ballot papers etc.);

(d) rules 58 to 64 (provisions relating to counting etc.).

(3) Where the returning officer is not the co-ordinating returning officer, the following rules apply—

(a) rule 53(1) and (3) to (9) (attendance at proceedings);

(b) rule 56 (preliminary and general duties);

(c) rule 57 (opening of containers etc.);

(d) rules 58 to 64 (provisions relating to counting etc.).

(4) In this Part—

(a) references to the principal area counting agents are to the counting agents appointed for the purposes of the principal area election;

(b) references to the other counting agents are to the counting agents appointed for the purposes of any relevant election;

(c) references to the principal area election agents are to the election agents appointed for the purposes of the principal area election;

(d) references to the other election agents are to the election agents appointed for the purposes of any relevant election.

Attendance at proceedings under this Part

53.—(1) The following persons are entitled to attend proceedings under rules 55(2) to (10), 57 and 59 to 64—

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

(b) each candidate and a guest of each candidate;

(c) the principal area election agents;

(d) the principal area 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) In addition, any person who is entitled to attend the counting of votes at a relevant election is entitled to attend proceedings under rule 55(2) to (10).

(3) The returning officer may permit any other person to attend proceedings under any of rules 55(2) to (10), 57 or 59 to 64.

(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 discharge of the returning officer’s functions, and

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

(5) For the purposes of paragraph (3)(b), “the appropriate persons” are—

(a) in the case of proceedings under rule 55(2) to (10), the principal area election agents and the other election agents;

(b) in the case of any other proceedings, the principal area election agents.

(6) The returning officer must give any counting agents who are entitled to attend 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.

(7) 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 principal area counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.

(8) 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).

(9) 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).

Preliminary and general duties where returning officer is co-ordinating returning officer

54.—(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must make arrangements for discharging the functions under rule 55 as soon as practicable after the close of the poll.

(3) The returning officer must give the principal area counting agents and the other counting agents a notice stating the time and place at which the returning officer will begin to discharge the functions under rule 56.

(4) 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 the purpose of preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Separation of ballot papers etc. where returning officer is co-ordinating returning officer

55.—(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must, in the presence of the principal area counting agents and the other counting agents, open each ballot box, take out the ballot papers, count them and record separately the number of ballot papers used in each election.

(3) The returning officer must not count any tendered ballot paper.

(4) Where separate ballot boxes were used at the poll, no vote for a candidate at the principal area election is to be treated as invalid because it was placed in the ballot box intended for use at a relevant election.

(5) The returning officer must, in the presence of the principal area election agents and the other 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).

(6) The returning officer must prepare a statement as to the result of the verification and give a copy of the statement to any principal area election agent, and to any other election agent, who requests it.

(7) The returning officer must also—

(a) count the postal ballot papers that have been properly returned (as to which see rule 58), and

(b) record separately the number counted at the poll at the principal area election and at each relevant election.

(8) The returning officer must then—

(a) separate the ballot papers relating to the principal area election from the ballot papers relating to each relevant election,

(b) make up into packets the ballot papers for each relevant election, and

(c) seal up the packets in separate containers endorsing on each a description of the area to which the ballot papers relate.

(9) The returning officer must then deliver or cause to be delivered to the returning officer for each relevant election—

(a) the containers of ballot papers relating to the election, together with a list of the containers and their contents,

(b) the ballot paper accounts relating to the election, together with a copy of the statements as to the result of the verification, and

(c) the packets of unused and spoilt ballot papers and tendered ballot papers.

(10) The returning officer must then mix together all the ballot papers used at the principal area election.

Preliminary and general duties where returning officer is not the co-ordinating returning officer

56.—(1) This rule applies where the returning officer is not the co-ordinating returning officer.

(2) The returning officer must make arrangements for counting the votes in the presence of the principal area counting agents as soon as practicable after the delivery of the ballot papers by the returning officer who is the co-ordinating returning officer.

(3) The returning officer must give the principal area counting agents a notice stating the time when the counting of votes will begin (on the assumption that the ballot papers have been delivered) and the place at which the count will take place.

(4) 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 the purpose of preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Opening of containers etc. where returning officer is not the co-ordinating returning officer

57.—(1) This rule applies where the returning officer is not the co-ordinating returning officer.

(2) On receipt of the containers of ballot papers form the returning officer who is the co-ordinating returning officer, and after the time specified in the notice given under rule 56(3), the returning officer must open each container in the presence of the principal area counting agents.

(3) Where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election under regulation 65 of the Representation of the People (England and Wales) Regulations 2001(1) or under that regulation as applied by regulations under section 44 of the Local Government Act 2000(2), the returning officer must count the postal ballot papers that have been properly returned and record the number counted.

(4) The returning officer must then mix together all the postal ballot papers and all the ballot papers from the containers.

Further provision about postal ballot papers

58.—(1) This rule applies for determining whether a postal ballot paper is to be treated as properly returned as mentioned in rules 55(7)(a) and 57(3).

(2) 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 appropriate area 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.

(3) 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.

(4) 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.

(5) “The appropriate area” referred to in paragraph (2)(a) is the area which is identified by—

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

(b) identifying the constituency or other area in respect of which each of those polls is being held, and

(c) then identifying the area that is common to all those areas.

The count: general

59.—(1) This rule applies where the returning officer has mixed the ballot papers under rule 55(10) or 57(4).

(2) The result of the poll must be ascertained by counting the votes given to each candidate.

(3) 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.

(4) Subject to paragraph (5) the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.

(5) The returning officer may exclude any hours between 7 p.m. and 9 a.m. on the following morning.

(6) 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 principal area 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) 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 principal area 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

61.—(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

62.—(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

63.  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

64.—(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 60(7)).

(1)

S.I. 2001/341. Regulation 65 was amended by paragraph 16(4) of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

(2)

2000 c. 22. Section 44 was amended by paragraph 18(2) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000. Functions of a Minister of the Crown under section 44, so far as exercisable within devolved competence, were transferred to the Welsh Ministers by article 45 of, and Schedule 1 to, the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644).