The Greater London Authority Elections (Amendment) Rules 2004

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE 10RULES FOR CONDUCT OF AN ELECTION OF THE MAYOR OF LONDON WHERE THE POLL IS TAKEN TOGETHER WITH THE POLL AT ANY OTHER ELECTION OR REFERENDUMMAYORAL ELECTION RULES

PART I General Provisions
1. 1.Citation
2. 2.Interpretation
PART II Provisions as to Time
1. 3.Timetable
2. 4.Computation of time
PART III Stages Common to Contested and Uncontested Elections
1. 5.Notice of election
2. 6.Nomination of candidates and nomination papers
3. 7.Subscription of nomination papers
4. 8.Consent to nomination
5. 9.Deposits
6. 10.Decisions as to validity of nomination papers
7. 11.Publication of statement of persons nominated
8. 12.Inspection of nomination papers and consent to nomination
9. 13.Withdrawal of candidature
10. 14.Method of election
PART IV Contested Elections
1. 15.Poll to be taken by ballot
2. 16.The ballot papers
3. 17.The official mark
4. 18.Prohibition of disclosure of vote
5. 19.Use of schools and public rooms
6. 20.Notice of poll
7. 21.Postal ballot papers
8. 22.Provision of polling stations
9. 23.Appointment of presiding officers and clerks
10. 24.Issue of official poll cards
11. 25.Information for voters in election booklets
12. 26.Equipment of polling stations
13. 27.Notices for guidance of voters
14. 28.Appointment of polling and counting agents
15. 29.Notification of requirement of secrecy
16. 30.Admission to polling station
17. 31.Keeping of order in station
18. 32.Sealing of ballot boxes
19. 33.Questions to be put to voters
20. 34.Challenge of voter
21. 35.Voting procedure
22. 36.Votes marked by presiding officer
23. 37.Voting by persons with disabilities
24. 38.Tendered ballot papers
25. 39.Spoilt ballot papers
26. 40.Adjournment of poll in case of riot
27. 41.Procedure on close of poll
28. 42.Attendance at local count
29. 43.The local count
30. 44.Rejected ballot papers
31. 45.Decisions on ballot papers
32. 46.Re-count
33. 47.Procedure at conclusion of local count
34. 48.Attendance at central calculation
35. 49.The first calculation and resolution of equality
PART V Further Provision: More than Two Candidates
1. 50.The count of second preference votes
2. 51.The second calculation and resolution of equality
PART VI Final Proceedings in Contested and Uncontested Elections
1. 52.Declaration of result
2. 53.Return or forfeiture of candidate’s deposit
PART VII Disposal of Documents
1. 54.Sealing up of ballot papers
2. 55.Delivery and retention of documents
3. 56.Orders for production of documents
4. 57.Public inspection and destruction of documents
PART VIII Death of Candidate
1. 58.Countermand or abandonment of poll on death of candidate

PART IGeneral Provisions

Citation

1. These Rules may be cited as the Mayoral Election Rules.

Application and interpretation

2.—(1) The Mayoral Election Rules as set out in this Schedule shall have effect for the purposes of the election of the Mayor of London at an ordinary election, and any election under subsection (2) of section 16 (filling a vacancy in the office of Mayor(1)) of the 1999 Act, where that election is taken together with another poll—

(a)at a parliamentary election, European Parliamentary election or local government election (other than a GLA election), under section 15(1) or (2) of the Representation of the People Act 1985(2); or

(b)at a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(3).

(2) In these Rules, unless the context indicates otherwise—

“the 1983 Act” means the Representation of the People Act 1983(4);

“the 1999 Act” means the Greater London Authority Act 1999(5);

“the appropriate form” in relation to a particular rule, means the form set out in the Forms Schedule and indicated as applicable to that rule; or where more than one form is so set out, the form indicated as relevant to the particular case;

“candidate” means a candidate to be the Mayor;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(6);

“constituency” means an Assembly constituency;

“CRO” (constituency returning officer), in relation to a constituency and an election means the person, or a person of the description, for the time being designated by an order made under section 35(2B) of the 1983 Act)(7);

“counting observer” has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(8);

“counting officer” has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

“election” and “Mayoral election” mean an election for the return of the Mayor;

“election booklet” has the same meaning as in article 7 of the Greater London Authority Elections (Election Addresses) Order 2003(9);

“European Parliamentary election” has the same meaning as in section 27(1) of the Representation of the People Act 1985(10);

“the Forms Schedule” means Schedule 5 to the Greater London Authority Elections (No 2) Rules 2000;

“GLA election” means an election, including an ordinary election, under one or more of—

(a)

the Constituency Members Election Rules;

(b)

the London Members Election Rules; or

(c)

the Mayoral Election Rules;

“GLRO” (Greater London returning officer) has the same meaning as in Part I of the 1999 Act (see section 29 of that Act and section 35(2C) of the 1983 Act)(11);

“local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002(12);

“local counting area” has the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004(13);

“Mayor” means the Mayor of London;

“other election or referendum” means one or more of the following—

(a)

a Parliamentary election(14);

(b)

a European parliamentary election(15);

(c)

a local government election(16) other than a GLA election;

(d)

a local authority mayoral election; and

(e)

a referendum;

the poll at which is taken together with the poll at the Mayoral election;

“other GLA election” means a GLA election held other than under the Mayoral Election Rules;

“petition organiser” has the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) Regulations 2000(17);

“polling observer” has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(18);

“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

“relevant election or referendum” means—

(a)

any other GLA election; and

(b)

any other election or referendum;

“voting area” has the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.

(3) In the case of a referendum, a reference to a—

(a)“candidate” shall be construed as a reference to a petition organiser;

(b)“election agent” shall be construed as a reference to a counting observer;

(c)“counting agent” shall be construed as a reference to a counting observer;

(d)“polling agent” shall be construed as a reference to a polling observer; and

(e)“returning officer” shall be construed as a reference to a counting officer.

(4) References in these Rules—

(a)to “the GLRO” include references to any person appointed by him under subsection (4) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act; and

(b)to “the CRO” include references to any person appointed by him under that subsection.

(5) Other expressions used both in these Rules and in Part I (the Greater London Authority) of the 1999 Act have the same meaning in these Rules as they have in that Part.

PART IIProvisions as to Time

Timetable

3.—(1) Subject to paragraph (2), the proceedings at the election shall be conducted in accordance with the following Timetable:

Proceeding	Time
Publication of notice of election	Not later than the twenty-fifth day before the day of election
Delivery of nomination papers	Not later than noon on the nineteenth day before the day of election
Publication of statement as to persons nominated	Not later than noon on the seventeenth day before the day of election
Delivery of notices of withdrawal of candidature	Not later than noon on the sixteenth day before the day of election
Notice of poll	Not later than the sixth day before the day of election
Polling	Between the hours of 7 in the morning and 10 at night on the day of election.

(2) At a GLA election taken together with a European Parliamentary election the time specified for the delivery of nomination papers in paragraph (1) shall be not later than 4 in the afternoon on the nineteenth day before the day of election.

Computation of time

4.—(1) In computing any period of time for the purposes of the Timetable—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a bank holiday, or

(c)a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(19) in England and Wales.

PART IIIStages Common to Contested and Uncontested Elections

Notice of election

5.—(1) The GLRO shall publish in each Assembly constituency notice of the election stating—

(a)the place and times at which nomination papers are to be delivered, and

(b)the date of the poll in the event of a contest,

and the notice shall state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election shall state the date by which—

(a)applications to vote by post or proxy, and

(b)other applications and notices about postal or proxy voting,

must reach the electoral registration officer in order that they may be effective for the election.

Nomination of candidates and nomination papers

6.—(1) Each candidate shall be nominated by a separate nomination paper.

(2) A nomination paper shall be in the appropriate form and shall be delivered at the place fixed for the purpose by the GLRO, which shall be at the offices of the Greater London Authority.

(3) A nomination paper shall state the candidate's—

(a)full names,

(b)home address, in full, and

(c)if desired, description,

and the surname shall be placed first in the list of names.

(4) The description, if any, which may not comprise more than six words, must consist of either—

(a)that authorised as mentioned in paragraph (5); or

(b)the word “Independent”.

(5) A nomination paper may not include a description of a candidate that is likely to lead voters to associate the candidate with a registered political party unless—

(a)the party is a qualifying party in relation to the electoral area; and

(b)the description is authorised by a certificate—

(i)issued by or on behalf of the registered nomination officer of the party, and

(ii)received by the GLRO before the last time for the delivery of nomination papers.

(6) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) on behalf of a registered political party’s nominating officer.

(7) In this rule, “registered political party” means a party which was registered under Part II (registration of political parties) of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 1 (“the relevant time”); and a registered political party is a qualifying party in relation to an electoral area if, at the relevant time, it was registered in respect of England in the Great Britain register maintained under that Part.

Subscription of nomination papers

7.—(1) The nomination paper of a candidate shall be subscribed by at least 330 persons each of whom is entitled to a mayoral vote; and, in relation to those subscribers, the election and each London borough and the City, at least ten of the subscribers shall be electors who are ordinarily resident in the borough or, as the case may be, the City.

(2) Where a nomination paper has the signatures of more than the required number of persons as assenting to the nomination of a candidate, the signatures (up to the required number) appearing first on the paper shall be taken into account to the exclusion of any others.

(3) The nomination paper shall give the electoral number of each person subscribing it.

(4) The GLRO—

(a)shall supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b)shall, at any elector’s request, prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the GLRO.

(5) In this rule—

“elector” means a person—

(a)

who is registered as a local government elector for any Assembly constituency in the register to be used at the election; or

(b)

who, pending publication of that register, appears from the electors lists for that register, as corrected by the registration officer, to be entitled to be so registered,

and accordingly includes a person shown in the register of electors lists as below voting age if it appears from it that he will be of voting age on the day fixed for the poll, but not otherwise; and

“electoral number” means—

(a)

a person’s number in that register; or

(b)

pending publication of the register, his number (if any) in the electors list for that register.

Consent to nomination

8. A person shall not be validly nominated unless his consent to nomination—

(a)is given in writing in the appropriate form, or a form to the like effect, on or within one month before the last day for the delivery of nomination papers,

(b)is attested by one witness, and

(c)is delivered at the place and within the time for delivery of nomination papers.

Deposits

9.—(1) A person shall not be validly nominated as a candidate unless the sum of £10,000 is deposited by him, or on his behalf, with the GLRO at the place and during the time for delivery of nomination papers.

(2) The deposit may be made either—

(a)by the deposit of any legal tender, or

(b)by means of a banker’s draft, or

(c)with the GLRO’s consent, in any other manner,

but the GLRO may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit shall at the time he makes it give his name and address to the GLRO (unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act).

Decisions as to validity of nomination papers

10.—(1) Where a nomination paper and the candidate’s consent to it are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a)the GLRO decides that the nomination paper is invalid, or

(b)proof is given to the GLRO’s satisfaction of the candidate’s death, or

(c)the candidate withdraws.

(2) The GLRO is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a)that the particulars of the candidate or of the persons subscribing the paper are not as required by law; and

(b)that the paper is not subscribed as so required.

(3) As soon as practicable after each nomination paper has been delivered, the GLRO shall examine it and decide whether the candidate has been validly nominated.

(4) Where the GLRO decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(5) The GLRO shall, as soon as practicable after making such a decision as is mentioned in paragraph (3) or (4), send notice of it to the candidate at his home address as given in his nomination paper.

(6) The GLRO’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated

11.—(1) The GLRO shall prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers.

(3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(4) In the case of a person nominated by more than one nomination paper, the GLRO shall take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the GLRO in default of the candidate) may select.

Inspection of nomination papers and consent to nomination

12. During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.

Withdrawal of candidature

13.—(1) A candidate may withdraw his candidature by notice of withdrawal—

(a)signed by him and attested by one witness, whose name and address shall be given; and

(b)delivered to the GLRO at the place for delivery of nomination papers.

(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration, also so signed, of the candidate’s absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom.

Method of election

14. If, after any withdrawals under rule 13—

(a)more than two candidates remain validly nominated, a poll shall be taken in accordance with Parts IV and V of these Rules,

(b)only two candidates remain validly nominated, a poll shall be taken in accordance with Part IV;

(c)only one candidate remains validly nominated, that person shall be declared to be elected in accordance with Part VI.

PART IVContested Elections

Poll to be taken by ballot

15. The votes at the poll shall be given by ballot.

The ballot papers

16.—(1) The ballot of every person entitled to a mayoral vote at the election shall consist of a ballot paper.

(2) The persons remaining validly nominated for election to the office of Mayor, after any withdrawals, and no others, shall be entitled to have their names inserted in the ballot paper at that election.

(3) Every ballot paper shall be in the appropriate form, printed in accordance with the directions set out in the Forms Schedule, and—

(a)shall be of a different colour from that of ballot papers used at any relevant election or referendum;

(b)shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;

(c)shall be capable of being folded up;

(d)shall have a number printed on the back; and

(e)shall have attached a counterfoil with the same number printed on it.

(4) If a candidate who is the subject of a party’s authorisation under rule 6(5) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(5) The request must—

(a)be made in writing to the GLRO, and

(b)be received by him during the period for delivery of nomination papers set out in the Timetable in rule 3.

(6) The names of the candidates shall be arranged alphabetically in order of their surnames and, if there are two or more of them with the same surname, of their other names.

(7) At an ordinary election the ballot paper at the election held under these Rules shall include the heading “ELECTION OF MAYOR”.

(8) Where, at an ordinary election at which two (or more) polls at the GLA election are to be taken together, the votes are to be counted electronically, the GLRO may determine that two or more ballot papers shall appear on the same sheet of paper.

The official mark

17.—(1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

(2) The official mark shall be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at any Authority election.

(3) The official mark used for ballot papers issued for the purpose of voting by post shall not be used as the same election for ballot papers issued for the purpose of voting in person.

Prohibition of disclosure of vote

18. No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he has voted.

Use of schools and public rooms

19.—(1) The CRO may use, free of charge, for the purpose of taking the poll or counting the votes—

(a)a room in a school maintained or assisted by a local education authority or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b)a room the expense of maintaining which is met by any local authority.

(2) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.

(3) Paragraph (4) applies in relation to an election to fill a vacancy in the office of the Mayor.

(4) In a case to which this paragraph applies, this rule shall have effect with the addition of the following—

“(2A) The CRO shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as is mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.”

Notice of poll

20.—(1) The GLRO shall publish notice of the poll stating—

(a)the day and hours fixed for the poll;

(b)particulars of each candidate remaining validly nominated,

and paragraph (6) of rule 16 shall apply in relation to the order in which names and particulars appear on the notice of the poll as they apply in relation to ballot papers.

(2) The CRO shall, not later than the time of the publication of the notice of the poll, also give public notice of—

(a)the situation of each polling station; and

(b)the description of voters entitled to vote there;

and he shall as soon as practicable after giving such a notice give a copy of it to each of the election agents.

(3) The notices of poll at an ordinary election shall include the heading “GREATER LONDON AUTHORITY ELECTION”.

(4) The notice published under paragraph (2) shall—

(a)state that the poll at the GLA election is to be taken together with the poll at a relevant election or referendum as the case may be;

(b)specify the parliamentary constituency(20), European Parliamentary local counting area, the relevant London borough or, as the case may be, voting area, and, in the case of an election to fill a casual vacancy, the electoral area for which the relevant election or referendum is held; and

(c)where the polls are to be taken together in part of the Borough only, specify that part.

Postal ballot papers

21.—(1) The CRO shall as soon as practicable send to those entitled to vote by post, at the addresses shown in the absent voters list, a ballot paper and a declaration of identity, together with an envelope for their return.

(2) The declaration of identity shall be in the appropriate form, or a form to the like effect.

(3) In place of the parts of the form specified in paragraph (4), the form may include such alternative information as the GLRO may decide, relating to—

(a)the system of voting at the GLA election;

(b)how many votes a voter has in each election;

(c)the marks to be used, and the manner in which they should be used, in order to ensure that a vote is counted for any candidate,

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are—

(a)in the case of Form 9A, paragraph 4;

(b)in the case of Form 9B, paragraph 2.

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to paragraph (3), and where the CRO does not discharge the functions specified in regulation 5 of the Combination of Poll Regulations, the GLRO shall give such notification to the returning officer who does discharge those functions.

Provision of polling stations

22.—(1) The CRO shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the constituency shall, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the constituency.

(4) The CRO shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

23.—(1) The CRO shall appoint and pay a presiding officer to attend at each polling station and such clerks and technical assistants as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The CRO may, if he thinks fit, preside at a polling station and the provisions of this Part relating to a presiding officer shall apply to the CRO so presiding with the necessary modifications as to things to be done by the CRO to the presiding officer or by the presiding officer to the CRO.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Part to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

24.—(1) The CRO shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person—

(a)as an elector if he is placed on the absent voters list for the election; or

(b)as a proxy if he is entitled to vote by post as proxy at the election.

(2) An elector’s official poll card shall be sent or delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

(3) The official poll card shall be in the appropriate form, or a form to the like effect, and shall set out—

(a)that the election is a mayoral election,

(b)the elector’s name, qualifying address and number on the register; and

(c)the date and hours of the poll and the situation of the elector’s polling station.

(4) At an ordinary election combined GLA election poll cards shall be issued in the appropriate form.

(5) If the CRO and the returning officer for every other election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every other election or referendum.

Information for voters in election booklets

25.—(1) At an ordinary election the GLRO may, in addition to a statement(21) by him in an election booklet, include in the booklet information for voters(22) that has been agreed by him with the Electoral Commission.

(2) The information for voters may be about—

(a)the office of the Mayor and the Assembly;

(b)the system of voting at each GLA election;

(c)how to vote in a manner that will ensure a vote is regarded as validly cast.

(3) The information for voters must not contain—

(a)any advertising material;

(b)any material referring to a candidate or a registered party other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election;

(c)any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Equipment of polling stations

26.—(1) The CRO shall provide each presiding officer with such ballot boxes and ballot papers as in the CRO’s opinion may be necessary.

(2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) At an ordinary election, the GLRO shall determine whether the ballot papers relating to the GLA elections shall be placed—

(a)all into the same ballot box; or

(b)into separate ballot boxes for each of the GLA elections.

(4) The CRO at an ordinary election may, if a determination has been made under paragraph (3) that ballot papers shall be placed into the same ballot box for all of the GLA elections, determine that the same ballot box be used for ballot papers at each other election or referendum with which the GLA elections are taken.

(5) Where separate ballot boxes are to be used for the Mayoral election and a relevant election or referendum, each ballot box shall be clearly marked with—

(a)the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b)the words “Place the [specify colour of ballot papers in question] ballot paper here”.

(6) The CRO shall provide each polling station with—

(a)materials to enable voters to mark the ballot papers;

(b)instruments for stamping on them the official mark;

(c)copies of the register of electors for the constituency or such part of it as contains the names of the electors allotted to the station;

(d)the parts of any special lists prepared for the election corresponding to the register of electors for the constituency or the part of it provided under sub-paragraph (c).

(7) The CRO shall also provide each polling station with—

(a)at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b)a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion within the meaning of rule 37.

(8) The large version of the ballot paper referred to in paragraph 7(a) above shall be of the same colour as that of the ballot paper at the election.

(9) The device referred to in paragraph 7(b) above must—

(a)allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device, easily and without damage to the paper;

(b)keep the ballot paper firmly in place during use; and

(c)provide suitable means for the voter to—

(i)identify the spaces on the ballot paper on which he may mark his vote;

(ii)identify the candidate to whom each such space refers; and

(iii)mark his vote on the space he has chosen.

(10) Notices for the guidance of voters shall be exhibited—

(a)outside every polling station,

(b)inside every polling station, and

(c)in every compartment of every polling station.

(11) The CRO may also provide copies of the notice mentioned in paragraph (10) in Braille or translated into such languages other than English as he considers appropriate, provided that those notices are accurate reproductions in Braille or that other language of that notice.

(12) A notice under paragraph (11) may be exhibited, at the discretion of the CRO, at any polling station—

(a)outside the polling station;

(b)inside the polling station;

(c)in every compartment of the polling station.

Notices for guidance of voters

27.—(1) Notices for the guidance of voters to be exhibited under rule 26(10) shall be in appropriate form.

(2) In place of the parts specified in paragraph (3), the form may include such alternative information relating to the GLA election as—

(a)meets with the requirements of Schedule 12; and

(b)the GLRO shall decide.

(3) The parts of the form referred to in paragraph (2) are—

(a)in the case of Notice D1 in Form 13, paragraph 3C;

(b)in the case of Notices D2 and D3 in Form 13, the part from “ELECTION OF THE MAYOR OF LONDON” to “ONE party or individual candidate only.”.

(4) The GLRO shall provide each CRO with the notices to be exhibited under rule 26(10), except where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations.

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (2) and the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, the GLRO shall notify the returning officer who does discharge those functions of the information that shall appear in the form pursuant to paragraph (2).

Appointment of polling and counting agents

28.—(1) Subject to paragraphs (3) to (5), before the commencement of the poll each candidate may appoint polling agents to attend at polling stations for the purpose of detecting personation; and counting agents to attend at the mayoral count.

(2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

(3) For each local count one (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.

(4) Not more than four polling agents, or such greater number as the CRO may by notice allow, shall be permitted to attend at any particular polling station.

(5) If the number of such agents appointed to attend at a particular polling station exceeds that number, the CRO shall determine by lot which agents are permitted to attend, and only the agents on whom the lot falls shall be deemed to have been duly appointed.

(6) The CRO may limit the number of counting agents, but in doing so shall ensure that—

(a)the number is the same in the case of each candidate; and

(b)the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(7) For the purposes of the calculations required by paragraph (6), a counting agent appointed for more than one candidate is a separate agent for each of the candidates for whom he has been appointed.

(8) Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate or, as the case may be, the election agent, to the CRO and shall be so given not later than the fifth day (computed like any period of time in the Timetable in rule 3) before the day of the poll. Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (9) and (10) to be given to the CRO shall be given to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

(9) If an agent dies, or becomes incapable of acting, the candidate or, as the case may be, the election agent, may appoint another person in his place, and shall forthwith give to the CRO notice in writing of the name and address of that other person.

(10) Any appointment for a candidate authorised by this rule may be made and the notice of appointment given to the CRO by the candidate’s election agent, instead of by the candidate.

(11) In the following provisions of this Part references to polling agents and counting agents shall be taken as reference to agents—

(a)whose appointments have been duly made and notified; and

(b)where the number of agents is restricted, who are within the permitted numbers.

(12) Any notice required to be given to a counting agent by the CRO may be delivered at, or sent by post to, the address stated in the notice of appointment.

(13) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(14) A candidate’s election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate’s election agent instead of his polling agent or counting agent.

(15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

29. The CRO shall make such arrangements as he thinks fit to ensure that—

(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy of the provisions of subsections (1), (3) and (6) of section 66(23) of the Representation of the People Act 1983; and

(b)every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy of the provisions of subsections (2) and (6) of that section.

Admission to polling station

30.—(1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except—

(a)the candidates and their election agents;

(b)the polling agents appointed to attend at the polling station;

(c)the clerks and technical assistants appointed to attend at the polling station;

(d)the constables on duty;

(e)the companions of voters with disabilities;

(f)persons entitled to be admitted to the polling station at a relevant election or referendum; and

(g)any person authorised by the Electoral Commission(24) to attend at polling stations as a representative of the Commission

(2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(3) A constable or person employed by the CRO shall not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which shall be in the appropriate form, or a form to the like effect, and signed by an officer of the police of or above the rank of inspector or by the CRO, as the case may be.

(4) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station

31.—(1) It is the presiding officer’s duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a)by a constable in or near that station, or

(b)by any other person authorised in writing by the CRO to remove him,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

32. Immediately before the commencement of the poll, the presiding officer shall—

(a)show each ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the boxes are empty;

(b)lock up such of the boxes as have locks;

(c)place his seal—

(i)on each lock; and

(ii)on each ballot box which has no lock,

in such a manner as to prevent its being opened without breaking the seal;

(d)place each box in his view for the receipt of ballot papers; and

(e)keep each box locked and sealed or, as the case may be, sealed.

Questions to be put to voters

33.—(1) The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions or either of them—

(a)in the case of a person applying as an elector—

(i)“Are you the person registered in the register of local government electors for this Mayoral election as follows?”; (read the whole entry from the register)

(ii)“Have you already voted at this Mayoral election otherwise than as proxy for some other person?”; and

(b)in the case of a person applying as proxy—

(i)“Are you the person whose name appears as AB in the list of proxies for this Mayoral election as entitled to vote as proxy on behalf of CD?”;

(ii)“Have you already voted at this Mayoral election as proxy on behalf of CD?”.

(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above shall, put the following additional question—

“Are you the husband [wife], parent, grandparent, brother, [sister], child or grandchild of CD?”,

and if that question is not answered in the affirmative the following question—

“Have you already voted at this Mayoral election on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”

(3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

(4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote at the Mayoral election.

Challenge of voter

34.—(1) If at any time a person applies for a ballot paper for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent—

(a)declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation, and

(b)undertakes to substantiate the charge in a court of law,

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

(2) A person against who a declaration is made under this rule shall not by reason of it be prevented from voting.

(3) A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure

35.—(1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

(a)the ballot paper shall be stamped with the official mark;

(b)the number and name of the elector as stated in the copy of the register of electors shall be called out;

(c)the number of the elector shall be marked on the counterfoil;

(d)a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall be placed against his name in the list of proxies.

(2) The voter, on receiving the ballot paper shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

(4) At a Mayoral election held with the poll at a relevant election or referendum, the same copy of the register of electors which is used under paragraph (1) for the Mayoral election may be used for each relevant election or referendum, and one mark may be placed in that register or in the list of proxies to denote that a ballot paper has been received in respect of each relevant election or referendum; except that where a ballot paper is not issued for each relevant election or referendum, a different mark shall be placed in the register or, as the case may be, list of proxies, so as to identify the election or referendum in respect of which the ballot paper was issued.

Votes marked by presiding officer

36.—(1) The presiding officer, on the application of a voter—

(a)who is incapacitated by blindness or other physical cause from voting in the manner directed by these Rules, or

(b)who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(4) At a Mayoral election held with the poll at a relevant election or referendum, the same list may be used for the Mayoral election and each relevant election or referendum, and where it is so used an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so marked.

Voting by persons with disabilities

37.—(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a)blindness or other physical incapacity, or

(b)inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as the “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

(2) If the presiding officer—

(a)is satisfied that the voter is so incapacitated, and

(b)is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i)is a qualified person within the meaning of these Rules; and

(ii)has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer shall grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

(a)is a person who is entitled to vote as an elector at the election; or

(b)is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

(4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”).

(5) At a Mayoral election held with the poll at a relevant election or referendum, the same list may be used for the Mayoral election and each relevant election or referendum, and where it is so used an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.

(6) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(7) The declaration made by the companion—

(a)shall be in the appropriate form; and

(b)shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

(8) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers

38.—(1) If a person, representing himself to be—

(a)a particular elector named on the register and not named in the absent voters list, or

(b)a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) A tendered ballot paper shall—

(a)be of a colour different from the other ballot papers;

(b)instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(3) The name of the voter and his number on the register of electors shall be entered on a list (in these Rules referred to as the “tendered votes list”).

(4) At a Mayoral election held with the poll at a relevant election or referendum, the same list may be used for the Mayoral election and each relevant election or referendum, and where it is so used an entry in that list shall be taken to mean that tendered ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

(5) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

Spoilt ballot papers

39. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot

40.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

(2) Where the poll is adjourned at any polling station—

(a)the hours of polling on the day to which it is adjourned shall be the same as for the original day; and

(b)references in these Rules to the close of the poll shall be construed accordingly.

(3) As soon as practicable after the CRO has received notice of the adjournment of a poll he shall inform the GLRO of that fact and of the cause of its adjournment.

Procedure on close of poll

41.—(1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents appointed for the purpose of the GLA election and for each relevant election or referendum, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a)each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with any key attached,

(b)the unused and spoilt ballot papers placed together,

(c)the tendered ballot papers,

(d)the marked copies of the register of electors and of the list of proxies,

(e)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll, and

(f)the tendered votes list, the list of voters with disabilities voters assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “physical incapacity” and “unable to read”, and the declarations made by the companions of voters with disabilities,

and shall deliver the packets or cause them to be delivered to the CRO, to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery shall require the CRO’s approval.

(2) Subject to paragraph (6), the contents of the packets referred to in paragraph (1)(b)(c) and (e) shall not be combined with the contents of the packets made under the corresponding rule that applies at a relevant election or referendum; nor shall the statement prepared under paragraph (5) be so combined.

(3) References to the CRO in paragraph (1) are references to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

(4) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(5) The packets shall be accompanied by a statement (“the ballot paper account”) showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads—

(a)ballot papers issued and not otherwise accounted for,

(b)unused ballot papers,

(c)spoilt ballot papers, and

(d)tendered ballot papers.

(6) Where at an ordinary election the GLRO determines, in accordance with rule 16(8), that ballot papers at the ordinary election shall be on the same sheet of paper, ballot paper accounts in relation to the ballot papers on the same sheet of paper shall also be combined.

Attendance at counting of votes

42.—(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations he shall—

(a)make arrangements for—

(i)discharging the functions in rule 43(1)(the local count) in the presence of the counting agents appointed for the purposes of the Mayoral election and each relevant election or referendum as soon as practicable after the close of the poll, and

(ii)thereafter counting the votes at the election in the presence of those counting agents appointed for the purposes of the Mayoral election; and

(b)give to the counting agents appointed for the purposes of the Mayoral election and each relevant election or referendum, notice in writing of the time and place at which he will begin to discharge the functions under rule 43(1).

(2) Where the CRO does not discharge the functions first mentioned in paragraph (1) he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions; and the CRO shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

(3) No person other than a person entitled to be present at the counting of the votes at the Mayoral election and each relevant election or referendum may be present at the proceedings under rule 43(1), unless permitted by the CRO to attend.

(4) No person other than—

(a)the CRO and his clerks,

(b)the candidates and their husbands or wives,

(c)the election agents,

(d)the counting agents, and

(e)any person authorised by the Electoral Commission(25) to attend at the counting of the votes as a representative of the Commission,

may be present at the counting of the votes under paragraphs (2) to (15) of rule 43, unless permitted by the CRO to attend.

(5) A person not entitled to attend at the proceedings under rule 43(1) or the counting of the votes under paragraphs (2) to (15) of rule 43 shall not be permitted to do so by the CRO unless the CRO—

(a)is satisfied that the efficient separation and verification of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded, and

(b)has either consulted the candidates or thought it impracticable to do so.

(6) The CRO shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(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 counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The local count

43.—(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a)in the presence of the counting agents appointed for the purposes of the Mayoral election and each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in the Mayoral election and each relevant election or referendum;

(b)in the presence of the election agents appointed for the purposes of the Mayoral election and each relevant election or referendum verify each ballot paper account;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at the Mayoral election and each relevant election or referendum;

(d)separate the ballot papers relating to the Mayoral election and each relevant election or referendum;

(e)make up into packets the ballot papers for each other election or referendum (not including those for any GLA election) and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;

(f)deliver or cause to be delivered to the returning officer for the other election or referendum to which the ballot papers relate—

(i)those containers, together with a list of them and of the contents of each; and

(ii)the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that other election or referendum; and

(g)at the same time deliver to that officer packets that so relate containing—

(i)the unused and spoilt ballot papers,

(ii)the tendered ballot papers, and

(iii)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) Where separate ballot boxes are used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at a relevant election or referendum.

(3) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the Mayoral election and count the votes given on them.

(4) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a)on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given by him in writing to the counting agents as that after which he will begin to count the votes if by then he has received the ballot papers and the place at which the count will take place, open each container;

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People Regulations 2001(26), or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(27), count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,

and paragraph (11) shall not apply to these proceedings.

(5) The CRO shall 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.

(6) Where separate ballot boxes are used at a GLA election for votes cast these rules and those cast at any relevant election or referendum, the ballot boxes from each polling station shall be opened together and the ballot papers (but not necessarily the votes on them) counted and verified together.

(7) A postal ballot paper shall not be taken to be duly returned unless—

(a)it is returned in the manner set out in paragraph (8) and reaches the CRO or any polling station in the appropriate area before the close of the poll; and

(b)the declaration of identity, duly signed and authenticated, is also returned in the manner set out in paragraph (8), and reaches him or such a polling station before that time.

(8) The manner in which any postal ballot paper or declaration of identity may be returned—

(a)to the CRO is by hand or post;

(b)to a polling station is by hand.

(9) The CRO shall not count any tendered ballot paper.

(10) The CRO, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(11) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

(12) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 5 in the afternoon and 10 on the following morning.

(13) At an ordinary election the hours between 5 in the afternoon and 10 on the following morning may be excluded under paragraph (12) only with the prior consent of the GLRO.

(14) During the time so excluded the CRO shall—

(a)place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

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

(15) A “polling station in the appropriate area” in paragraph (7) means a polling station—

(a)in the area which is common to the Assembly constituency, and parliamentary constituency(28), local counting area, electoral area and voting area, as the case may be in which the polls at the GLA election and a relevant election or referendum are being taken together; and

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

Rejected ballot papers

44.—(1) Any ballot paper—

(a)which does not bear the official mark, or

(b)on which anything is written or marked by which the voter can be identified except the printed number on the back, or

(c)which is unmarked,

shall be void and not counted.

(2) A ballot paper on which a vote is marked—

(a)elsewhere than in the proper place, or

(b)otherwise than by means of a cross, or

(c)by more than one mark,

shall not for such reason be void if—

(i)at an election at which more than two candidates remain validly nominated, an intention that votes shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears;

(ii)at any other election, an intention that a vote shall be for one only of the candidates clearly appears,

and (in each case) the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

(3) A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) shall be valid as respects that vote, and counted accordingly.

(4) The CRO shall endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if any objection to his decision is made by a counting agent.

(5) The CRO shall draw up a statement showing the number of ballot papers rejected under the several heads of—

(a)want of an official mark;

(b)voting for more than one candidate as to the first preference vote;

(c)writing or mark by which the voter could be identified; and

(d)unmarked or void for uncertainty as to the first preference vote.

(6) As soon as practicable after completion of the statement, the CRO shall inform the GLRO of its contents.

Decisions on ballot papers

45. The decision of the CRO on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Re-count

46.—(1) A candidate or his election agent or a counting agent authorised under rule 28(3) may, if present when the counting or any re-count of the votes, or as the case may be, the first preference votes, is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes, or as the case may be, the first preference votes, until the candidates and election agents and counting agents authorised under rule 28(3) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Procedure at conclusion of local count

47.—(1) As soon as practicable after the conclusion of the local count (including any re-count), the CRO shall draw up a statement showing—

(a)the total number of ballot papers used;

(b)the total number of rejected ballot papers;

(c)at an election contested by more than two candidates—

(i)the number of first preference votes given for each candidate; and

(ii)the total number of first preference votes given;

(d)at an election contested by only two candidates, the number of votes given for each candidate.

(2) As soon as practicable after completion of the statement, the CRO shall inform the GLRO of its contents.

(3) As soon as practicable after the GLRO has authorised him to do so, the CRO shall—

(a)inform such of the candidates and their election agents as are then present of the contents of the statements prepared in accordance with rule 44 and paragraph (1) of this rule; and

(b)give public notice of the contents of those statements.

Attendance at central calculation

48. The GLRO shall make arrangements for making the central calculation in the presence of the election agents and he shall give to those agents notice in writing of the time and place at which he will begin the calculation.

(2) No person other than—

(a)the GLRO and his clerks,

(b)the candidates,

(c)the election agents, at an ordinary election, the nominating officers permitted to be present at the allocation of seats for London Members of the Assembly, and

(d)any person authorised by the Electoral Commission(29) to attend at the counting of the votes as a representative of the Commission,

may be present at a calculation, unless permitted by the GLRO to attend.

(3) A person not entitled to attend a calculation shall not be permitted to do so by the GLRO unless he—

(a)is satisfied that the efficiency of the calculation will not be impeded; and

(b)has either consulted the election agents or thought it impracticable to do so.

The first calculation and resolution of equality

49.—(1) As soon as the GLRO has received from every CRO the information required by rule 47 he shall—

(a)in relation to an election contested by more than two candidates, ascertain the total of the first preference votes given in the Assembly constituencies to each candidate; and

(b)in relation to an election contested by only two candidates, ascertain the total number of votes given in the Assembly constituencies to each candidate.

(2) As soon as the GLRO has ascertained the result of the calculation, he shall inform such of the election agents as are then present of the relevant figures and shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) In paragraph (2), “the relevant figures” means—

(a)in the case of an election contested by more than two candidates, the number of first preference votes given in each of the Assembly constituencies for each candidate and the calculation undertaken by the GLRO for the purposes of ascertaining whether a candidate is to be returned in accordance with paragraph 3 of Schedule 2 to the 1999 Act (candidate with overall majority of first preference votes);

(b)in the case of an election contested by only two candidates, the number of votes given in each Assembly constituency for each candidate and the total number of votes given for each candidate.

(4) Where an election is contested by more than two candidates—

(a)if paragraph 3 of Schedule 2 to the 1999 Act applies (candidate with overall majority of first preference votes) the declaration of the person to be returned as the Mayor shall be made in accordance with rule 50(1);

(b)if paragraph 4(1) of that Schedule applies (no candidate with overall majority of first preference votes), the GLRO shall direct every CRO at the election to count the second preference votes given as mentioned in paragraph 4(5) of that Schedule.

(5) Where an election is contested by only two candidates and the total number of votes given for each of them is unequal the person to be returned as the Mayor is the candidate to whom the majority of the votes is given.

(6) Where an election is contested by only two candidates and the total number of votes given for each of them is equal, the person to be returned as the Mayor is the person whom the GLRO decides, in accordance with paragraph 4(8) of Schedule 2 to the 1999 Act, is to be returned as the Mayor.

(7) In a case to which paragraph (5) or (6) applies, the declaration of the person to be returned as the Mayor shall be made in accordance with rule 52.

PART VFurther Provision: More than Two Candidates

The count of second preference votes

50.—(1) As soon as the CRO has received such a direction as is mentioned in rule 49(4)(b) he shall count the number of second preference votes for each of the candidates remaining in the contest given by voters who did not give their first preference vote to any of those candidates.

(2) A ballot paper which is not otherwise void and on which not more than one second preference vote is marked shall be valid as respects that vote and shall be counted accordingly if, but only if, a valid first preference vote has also been marked.

(3) Rules 42, 43(5), (6), (8) and (9), 44 (except paragraph (3)), 46(1) (except the words “the votes, or as the case may be,”) and 48 shall apply in relation to the count of second preference votes as they apply in relation to the count of first preference votes as if references to first preference votes were references to second preference votes.

(4) The CRO shall not be required to re-examine any decision taken under rule 45.

(5) As soon as practicable after the second preference votes have been counted, the CRO shall inform the GLRO of the number of second preference votes cast for each of the candidates remaining in the contest.

The second calculation and resolution of equality

51.—(1) As soon as the GLRO has received from every CRO the information required by rule 50(5), he shall comply with paragraph 4(5) and (6) of Schedule 2 to the 1999 Act.

(2) As soon as the GLRO has ascertained the result of the second calculation, he shall provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the relevant figures and shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) In paragraph (2), “the relevant figures” means the number of second preference votes given in each of the Assembly constituencies for each of the candidates remaining in the contest and the calculation undertaken by the GLRO for the purpose of ascertaining the total number of first and second preference votes given to each of those candidates.

(4) If, after the second calculation, the total number of votes given for two or more candidates is equal, the person to be returned as the Mayor is the person whom the GLRO decides, in accordance with paragraph 4(8) of Schedule 2 to the 1999 Act, is to be returned as the Mayor.

PART VIFinal Proceedings in Contested and Uncontested Elections

Declaration of result

52.—(1) The GLRO shall declare to be elected as the Mayor of London the candidate who, in accordance with section 4(2) of the 1999 Act (including that provision as applied by section 16(4) at an election to fill a vacancy), or Part I of Schedule 2 to that Act, as the case may be, is to be returned as the Mayor at that election.

(2) The GLRO shall give public notice of—

(a)the name of the successful candidate,

(b)the total number of first preference votes given for each candidate,

(c)the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes, and

(d)the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers.

(3) In an uncontested election, the GLRO shall as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

(a)declare to be elected the person remaining validly nominated; and

(b)give public notice of the name of the person declared to be elected.

(4) The GLRO shall inform the proper officer(30) of the Authority of the result of the election.

Return or forfeiture of candidate’s deposit

53.—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 shall be returned to the person making it or his personal representative.

(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a)a day shall be disregarded if it would be disregarded under rule 3 in computing any period of time for the purposes of the timetable for an election of the kind in question; and

(b)the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the GLRO before the first calculation under rule 49, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where a poll is taken, if, after the first calculation under rule 49, the candidate is found not to have polled more than one-twentieth of the total number of first preference votes polled by all the candidates, the deposit shall be forfeited to the Greater London Authority.

PART VIIDisposal of Documents

Sealing up of ballot papers

54.—(1) On the completion of the counting at a contested election the CRO shall seal up in separate packets the counted and rejected ballot papers.

(2) The CRO shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors and lists of proxies.

Delivery and retention of documents

55.—(1) The CRO shall then transfer control to the GLRO of the following documents—

(a)the packets of ballot papers in his possession,

(b)the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c)the packets of counterfoils and certificates as to employment on duty on the day of the poll,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the constituency for which the election was held.

(2) The CRO shall retain the packets containing—

(a)the marked copies of registers and of lists of proxies, and

(b)the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of voters with disabilities.

(3) Any document which has been transferred to the control of the GLRO under this rule shall either—

(a)be kept by the CRO on behalf of the GLRO; or

(b)be forwarded by the CRO to the GLRO,

as the GLRO shall decide.

(4) At an election where the CRO does not discharge the functions referred to in Combination of Polls Regulations, paragraph (2) shall not apply.

Orders for production of documents

56.—(1) An order—

(a)for the inspection or production of any rejected ballot papers under the control of the GLRO; or

(b)for the opening of a sealed packet of counterfoils and certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers under his control,

may be made by a county court, if the court is satisfied by evidence on oath that the order is required 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.

(2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers under the control of the GLRO may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a)persons,

(b)time,

(c)place and mode of inspection,

(d)production or opening,

as the court making the order think expedient; but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i)that his vote was given; and

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

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

(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the GLRO of any document under his control relating to any specified election—

(a)the production by him or his agent of the document ordered in such a manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b)any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

(8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers under the control of the GLRO or open any sealed packets of counterfoils and certificates.

Public inspection and destruction of documents

57.—(1) The GLRO shall retain or cause to be retained for six months all documents relating to an election placed under his control in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court or an election court, shall cause them to be destroyed.

(2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and in such manner as the Authority may determine.

(3) The CRO shall keep for six months the documents retained by him in accordance with rule 55(2) and then, unless otherwise directed by an order of a county court or an election court, shall cause them to be destroyed.

(4) Those documents shall be open to public inspection at all reasonable hours.

(5) The GLRO and the CRO may, on request, supply copies of or extracts from such of the documents in their possession or control as are open to public inspection on payment of such fees and subject to such conditions as may be determined by the Authority.

PART VIIIDeath of Candidate

Countermand or abandonment of poll on death of candidate

58.—(1) If at a contested election proof is given to the GLRO’s satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the GLRO shall countermand notice of the poll or, if polling has begun, direct that the poll be abandoned, and the provisions of subsections (1) and (5) of section 39 (local elections void etc. in England and Wales) of the 1983 Act apply in respect of any vacancy which remains unfilled.

(2) The countermand of a poll or the direction that a poll be abandoned shall have effect only in relation to the election for the return of the Mayor to which the countermand or direction relates and shall not effect the poll at a relevant election or referendum.

(3) Where the poll at the Mayoral election is abandoned by reason of a candidate’s death—

(a)no further ballot papers shall be delivered for the Mayoral election in any polling station, except for any which are printed on the same sheet of paper as another ballot paper that is still to be delivered;

(b)at the close of the poll for such polls as are not abandoned, the presiding officer shall take the like steps for the delivery to the CRO of ballot boxes and of papers and other documents as he would be required to do if the poll at the Mayoral election had not been abandoned and the CRO shall deal with and dispose of the ballot papers used at the Mayoral election as he would be required to do if the poll at the Mayoral election had not been abandoned;

(c)notwithstanding sub-paragraph (b)—

(i)it shall not be necessary for any ballot paper account at the Mayoral election to be prepared or verified;

(ii)the CRO shall separate the ballot papers relating to the Mayoral election from those for a relevant election or referendum, except where such ballot papers are on the same sheet of paper;

(iii)the CRO shall take no step or further step for counting the ballot papers or the votes in the Mayoral election, but without prejudice to counting of ballot papers and votes at any poll in respect of which the ballot paper is on the same sheet of paper;

(iv)where the ballot papers are not printed on the same sheet of paper as that of another ballot paper, the CRO shall seal up all of the ballot papers, whether counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

(4) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate’s death, with the following modifications—

(a)ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and

(b)no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

(1)

See also section 16(9) of the Greater London Authority Act 1999 for the circumstances in which a vacancy in the office of Mayor is to be left unfilled

(2)

(3)

(4)

(5)

(6)

S.I. 2004/294.

(7)

See the Greater London Authority (Assembly Constituencies and Returning Officers) Order 1999 (S.I. 1999/3380).

(8)

S.I. 2001/1298.

(9)

S.I. 2003/1907.

(10)

1985 c. 50.

(11)

See the definition of “Greater London returning officer” in section 29 of the Greater London Authority Act 1999. See also the definitions of “proper officer” in section 202 of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, paragraph 38, and in section 424(1) and (2) of the latter Act.

(12)

S.I. 2002/185.

(13)

S.I. 2004/293.

(14)

For the definition of “Parliamentary election”, see the Interpretation Act 1978 (c. 30), Schedule 1.

(15)

For the definition of “European parliamentary election”, see the Representation of the People Act 1985 (c. 50), section 27(1).

(16)

For the definition of “local government election” see the Representation of the People Act 1983 (c. 2), section 203(1).

(17)

S.I. 2000/2852.

(18)

S.I. 2001/1298.

(19)

1971 c. 80.

(20)

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

(21)

See article 8(2) of the Greater London Authority Elections (Election Addresses) Order 2003 (S.I.2003/1907).

(22)

The election booklet may also include such other information as the GLRO is required or permitted by or under any enactment to publish in the booklet. See article 8(4) of the Greater London Authority Elections (Election Addresses) Order 2003.

(23)

Section 66(6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

(24)

The Electoral Commission is established by section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(25)

The Electoral Commission is established by section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(26)

S.I. 2001/341, to which there are amendments not relevant to these Rules.

(27)

2000 c. 22. See the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185) made under section 44 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) made under section 45.

(28)

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

(29)

The Electoral Commission is established by section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(30)

For the definition of “proper officer” see section 424(1) and (2) of the Greater London Authority Act 1999 (c. 29). The functions of the proper officer of the Authority include that of being one of the persons to whom the declaration of acceptance of office by the duly elected Mayor or Assembly Member is to be made. See section 28 of that Act.

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The Greater London Authority Elections (Amendment) Rules 2004

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SCHEDULE 10RULES FOR CONDUCT OF AN ELECTION OF THE MAYOR OF LONDON WHERE THE POLL IS TAKEN TOGETHER WITH THE POLL AT ANY OTHER ELECTION OR REFERENDUMMAYORAL ELECTION RULES

PART IGeneral Provisions

Citation

Application and interpretation

PART IIProvisions as to Time

Timetable

Computation of time

PART IIIStages Common to Contested and Uncontested Elections

Notice of election

Nomination of candidates and nomination papers

Subscription of nomination papers

Consent to nomination

Deposits

Decisions as to validity of nomination papers

Publication of statement of persons nominated

Inspection of nomination papers and consent to nomination

Withdrawal of candidature

Method of election

PART IVContested Elections

Poll to be taken by ballot

The ballot papers

The official mark

Prohibition of disclosure of vote

Use of schools and public rooms

Notice of poll

Postal ballot papers

Provision of polling stations

Appointment of presiding officers and clerks

Issue of official poll cards

Information for voters in election booklets

Equipment of polling stations

Notices for guidance of voters

Appointment of polling and counting agents

Notification of requirement of secrecy

Admission to polling station

Keeping of order in station

Sealing of ballot boxes

Questions to be put to voters

Challenge of voter

Voting procedure

Votes marked by presiding officer

Voting by persons with disabilities

Tendered ballot papers

Spoilt ballot papers

Adjournment of poll in case of riot

Procedure on close of poll

Attendance at counting of votes

The local count

Rejected ballot papers

Decisions on ballot papers

Re-count

Procedure at conclusion of local count

Attendance at central calculation

The first calculation and resolution of equality

PART VFurther Provision: More than Two Candidates

The count of second preference votes

The second calculation and resolution of equality

PART VIFinal Proceedings in Contested and Uncontested Elections

Declaration of result

Return or forfeiture of candidate’s deposit

PART VIIDisposal of Documents

Sealing up of ballot papers

Delivery and retention of documents

Orders for production of documents

Public inspection and destruction of documents

PART VIIIDeath of Candidate

Countermand or abandonment of poll on death of candidate

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