The Local Elections (Communities) (Wales) Rules 2021

PART 4 Disposal of Documents

Sealing up of ballot papers at contested elections

61.—(1) This rule applies on the completion of the counting of votes at a contested election.

(2) The returning officer must seal up in separate packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers (including the ballot papers rejected in part).

(3) The returning officer must not open any packets sealed under rule 51(3) that contain—

(a) tendered ballot papers,

(b) completed corresponding number lists,

(c) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5), or

(d) marked copies of the registration records and list of proxies.

Delivery of documents to registration officer at contested elections

62.—(1) This rule applies where the returning officer has sealed up the counted and rejected ballot papers under rule 61(2).

(2) The returning officer must forward the following documents to the registration officer of the county or county borough council in whose area the election is held—

(a) the packets of ballot papers in the returning officer’s possession;

(b) the ballot paper accounts prepared under rule 51(5);

(c) the statements of rejected ballot papers prepared under rule 56(7);

(d) the statements as to the result of the verification of the ballot paper accounts prepared under rule 54(5);

(e) the following lists and declarations—

(i) the lists of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);

(ii) the declarations made by the companions of voters with disabilities (see rule 44);

(iii) the lists of voters with disabilities assisted by companions (see rule 45);

(iv) the tendered votes lists (see rule 47);

(v) the lists maintained under rule 49 (correction of errors on the day of the poll);

(f) the packets containing completed corresponding number lists;

(g) the packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(h) the packets containing copies of registration records and lists of proxies;

(i) the packets containing the postal voters list and the proxy postal voters list.

Production etc. of documents

63.—(1) This rule applies in relation to the following documents when in the custody of the registration officer (having been forwarded under rule 62)—

(a) rejected and counted ballot papers;

(b) sealed packets containing completed corresponding number lists;

(c) sealed packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

(2) A county court may make any of the following orders, if satisfied by evidence on oath that the order is required either for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of an election petition—

(a) an order for the inspection or production of any of the rejected ballot papers (including any ballot papers rejected in part);

(b) an order for the inspection of any of the counted ballot papers;

(c) an order for the opening of any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(d) where an order for the opening of any of the sealed packets is made under sub-paragraph (c), an order for the inspection or production of the whole or part of its contents.

(3) An election court may make—

(a) an order for the inspection of any of the counted ballot papers;

(b) an order for the opening of any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(c) where an order for the opening of any of the sealed packets is made under sub-paragraph (b), an order for the inspection or production of the whole or part of its contents.

(4) An order under this rule may be made subject to such of the following conditions as the court thinks appropriate—

(a) conditions as to persons;

(b) conditions as to time;

(c) conditions as to the place and method of inspection;

(d) conditions as to production or opening.

(5) A court, in making an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet, must impose such conditions under paragraph (4) as the court considers appropriate to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

(b) that the vote has been declared by a competent court to be invalid.

(6) Any person giving effect to an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet must take care to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

(b) that the vote has been declared by a competent court to be invalid.

(7) An appeal lies to the High Court from an order of a county court under this rule.

(8) The powers of a county court under this rule may be exercised by any judge of the court otherwise than in open court.

(9) Except as provided by this rule, no person may—

(a) inspect any of the rejected or counted ballot papers;

(b) open any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

Orders for the production etc. of documents: supplemental provision

64.—(1) Paragraphs (2) and (3) apply where an order is made under rule 63 for the production by a registration officer of a document in the registration officer’s custody relating to an election specified in the order.

(2) The production by the registration officer or the registration officer’s agent of the document in the manner directed by the order is conclusive evidence that the document relates to the specified election.

(3) If a packet of ballot papers with an endorsement on the packet is produced by the registration officer or the registration officer’s agent to comply with the order, the endorsement is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(4) Paragraph (5) applies where, to comply with an order under rule 63, a registration officer or a registration officer’s agent has produced—

(a) a ballot paper purporting to have been used at an election, and

(b) a completed corresponding number list in use at the election, with a number marked in writing beside the number of that ballot paper on the list.

(5) The production of the ballot paper and the list are prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry at the time of the election in the register of electors, or on a notice issued under section 13B(3B) or (3D) of the 1983 Act, contained the same number as the number written on the ballot paper.

Retention and destruction of documents forwarded to registration officer

65.—(1) The registration officer must retain all documents forwarded under rule 62 for a period of one year beginning with the day on which they were received by the registration officer.

(2) At the end of that period of one year, the registration officer must cause the documents to be destroyed unless otherwise directed by an order of a county court, a Crown Court, a magistrates’ court or an election court.

Destruction of home address forms by returning officer

66.—(1) The returning officer must destroy each candidate’s home address form—

(a) on the next day following the 35^th day after the returning officer has returned the names of the councillors elected, unless an election petition questioning the election or the return of candidates is presented before that day;

(b) if an election petition questioning the election or return of councillors is presented before that day, as soon as practicable following the conclusion of proceedings on the petition (including, where there is an appeal, the proceedings on the appeal).

(2) For the purpose of deciding the day on which candidates’ home address forms must be destroyed, any day that is an excluded day must be disregarded.