The Local Elections (Communities) (Wales) Rules 2021

Countermand or abandonment of poll on death of a candidate E+W

67.—(1) This rule applies where, at a contested election, the returning officer is satisfied before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died.

(2) The returning officer must countermand notice of the poll or, if polling has begun, the returning officer must direct that the poll be abandoned and no further ballot papers may be issued.

(3) Where the poll is abandoned, the presiding officer at any polling station in use at the election must take the steps (so far as not already taken) that the presiding officer would be required to take under rule 51 on the close of the poll, except that it is not necessary for the presiding officer to prepare a ballot paper account.

(4) The returning officer must deal with ballot papers and other documents that are in the returning officer’s possession when the poll is abandoned, or that are subsequently delivered to the returning officer to comply with paragraph (3), in the same way that the returning officer would be required to deal with ballot papers and other documents under rules 61 and 62 on the completion of the counting of votes, except that—

(a) the returning officer must seal up all the ballot papers (whether the votes on them have been counted or not), and

(b) it is not necessary to seal up counted and rejected ballot papers in separate packets.

(5) The provisions of rules 63 to 65 apply to ballot papers and other documents relating to a poll that is abandoned by reason of a candidate’s death, except that—

(a) ballot papers on which the votes were neither counted nor rejected are to be treated as counted ballot papers, and

(b) an order may be made under rule 63(2) or (3) only for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers.

(6) For what happens after notice of a poll is countermanded or a poll is abandoned, see section 39 of the 1983 Act(1).

Commencement Information

I1 Sch. 1 rule 67 in force at 17.12.2021, see rule 1

(1)

Section 39 was amended by section 19 of the Representation of the People Act 1985, paragraph 68 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) and paragraph 2(7) of Schedule 2 to the Local Government and Elections (Wales) Act 2021.