The European Parliamentary Elections Regulations 2004

[F1 CHAPTER 4 E+W+S Counting of Votes

Textual Amendments

F1 Sch. 1 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 39, Sch. 2

Attendance at verification of ballot paper accounts E+W+S

50.— (1) The local returning officer must make arrangements for the verification of the ballot paper accounts in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the returning officer and the counting agents notice in writing of the time and place at which he will begin such verification.

(2) No person other than—

(a) the returning officer, the local returning officer and his clerks;

(b) the candidates and one other person chosen by each of them;

(c) the election agents;

(d) the counting agents; and

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act;

may attend the verification of the ballot paper accounts, unless permitted by the local returning officer to attend.

(3) A person not entitled to attend the verification of ballot paper accounts must not be permitted to do so by the local returning officer unless he is satisfied that the efficient verification of the ballot paper accounts will not be impeded.

(4) The local returning officer must give the counting agents all such reasonable facilities for observing 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.

Procedure at verification of ballot paper accounts E+W+S

51.— (1) The local returning officer must in the presence of the counting agents—

(a) open each ballot box and count and record the number of ballot papers in it and verify each ballot paper account; and

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

(2) A postal ballot paper must not be deemed to be duly returned unless—

(a) [F2 subject to paragraph (2A),] it is returned in the manner prescribed in paragraph 55 of Schedule 2 so as to reach the local returning officer or any polling station in the local counting area in question before the close of the poll;

(b) the postal voting statement duly signed is also returned in that manner before that time;

(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be); and

(d) [F3 the local returning officer verifies the date of birth and the signature of the elector or proxy (as the case may be) under paragraph 63 of Schedule 2.]

[F4 (2A) A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.]

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

(4) The local returning officer, while counting and recording the number of ballot papers, must keep the ballot papers with their faces downwards.

(5) The local returning officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, 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 must draw up a statement as to the result of the verification, which any counting agent may copy.

(6) The local returning officer must determine the hours during which the procedure under this rule is proceeded with.

(7) The local returning officer must take proper precautions for the security of the ballot papers and documents.

(8) On completion of the procedure under this rule, the local returning officer must—

(a) place the ballot papers and other documents relating to the election in packets under his own seal and the seals of such counting agents as desire to affix their seals, unless he proceeds immediately to the counting of the votes under rule 53;

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

(c) inform the returning officer of the total number of ballot papers counted.

Textual Amendments

F2 Words in Sch. 1 rule 51(2)(a) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 26(1)(a)

F3 Sch. 1 rule 51(2)(d) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 26(1)(b)

F4 Sch. 1 rule 51(2A) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 26(2)

Attendance at counting of votes E+W+S

52.— (1) The local returning officer must make arrangements for counting the votes in the presence of the counting agents—

(a) in the case of a general election of MEPs, before or after the material time and in either case so that the requirements of rule 57(1) are satisfied as soon as practicable after the material time; and

(b) in the case of a by-election, as soon as practicable after the close of the poll,

and must give to the counting agents and the returning officer notice in writing of the time and place at which he will begin to count the votes.

(2) For the purposes of paragraph (1), the “material time” means, in relation to a general election of MEPs, the close of the polling in the Member State whose electors are the last to vote in the election.

(3) No person other than—

(a) the returning officer, the local returning officer and his clerks;

(b) the candidates and one other person chosen by each of them;

(c) the election agents;

(d) the counting agents; and

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may be present at the counting of the votes, unless permitted by the local returning officer to attend.

(4) A person not entitled to attend at the counting of the votes must not be permitted to do so by the local returning officer unless he—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

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

(5) The local returning officer must 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.

(6) In particular, where the votes are counted by sorting the ballot papers according to the registered party or individual candidate for whom the vote is given and then counting the number of ballot papers for each registered party or individual candidate, the counting agents must be allowed to satisfy themselves that the ballot papers are correctly sorted.

The count E+W+S

53.— (1) The local returning officer must—

(a) where the ballot papers and other documents have been placed in packets under rule 51(8), open the packets of ballot papers other than unused, spoilt and tendered ballot papers;

(b) mix together the ballot papers with the exception of the unused, spoilt and tendered ballot papers.

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

(3) The local returning officer, while counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing [F5 the numbers or other unique identifying marks printed on the back of the papers].

(4) The local returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 7 p.m. and 9 a.m.

(5) For the purposes of paragraph (4), the agreement of an individual candidate or the election agent of a registered party shall be as effective as the agreement of the counting agents of that individual candidate or party.

(6) During the time so excluded the local returning officer must—

(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.

(7) In the case of a general election of MEPs, if the counting of the votes has commenced before the material time (within the meaning of rule 52(1)), the local returning officer or his clerks must not disclose the number of votes given for each registered party and individual candidate to anyone other than the returning officer or his clerks until after that time and the counting of the votes must be deemed not to have been completed until after that time.

Textual Amendments

F5 Words in Sch. 1 rule 53(3) substituted (1.4.2009) by The European Parliamentary Elections (Amendment) (No.2) Regulations 2009 (S.I. 2009/848), regs. 1(2), 2(2)

Re-count E+W+S

54.— (1) If any of the persons in paragraph (2) are present when the counting of the votes is completed (or, if later, deemed to be completed under rule 53(7)) or any re-count of the votes is completed, they may require the local returning officer to have the votes re-counted or again re-counted but the local returning officer may refuse to do so if in his opinion the request is unreasonable.

(2) The persons mentioned in paragraph (1) are—

(a) a candidate;

(b) the election agent of a registered party;

(c) the election agent of an individual candidate; and

(d) a counting agent authorised under rule 33(2).

(3) No step may be taken on the completion of the counting (or, if later, its deemed completion) or any re-count of the votes until any persons referred to in paragraph (2) who are present at its completion (or, if later, its deemed completion) have been given a reasonable opportunity to exercise the right conferred by this rule.

Rejected ballot papers E+W+S

55.— (1) Any ballot paper—

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

(b) on which votes are given for more than one registered party or individual candidate or for both a registered party and an individual candidate; or

(c) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back; or

(d) which is unmarked or void for uncertainty,

shall, subject to the provisions of paragraphs (2) and (3), be void and not counted.

(2) A ballot paper on which the 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,

must not for such reason be deemed to be void if an intention that the vote shall be for one or other of the registered parties or individual candidates clearly appears, and 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 on which a vote is marked for a particular candidate on a party’s list of candidates must, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote for that party.

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

(5) The local returning officer must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of official mark;

(b) voting for more than one registered party or individual candidate;

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

(d) unmarked or void for uncertainty.

Decisions on ballot papers E+W+S

56.   The decision of the local returning officer on any question arising in respect of a ballot paper is final, but may be subject to review on an election petition.

Notification of local result E+W+S

57.— (1) As soon as practicable after the completion of the count (or, if later, its deemed completion under rule 53(7)) the local returning officer must draw up a statement showing the number of votes given for each registered party and individual candidate, excluding any votes given on ballot papers rejected under rule 55.

(2) The local returning officer must forthwith inform the returning officer of the contents of that statement.

(3) The local returning officer must give public notice of the statements prepared under this rule and under rule 55 as soon as practicable after the returning officer has agreed that he should do so.

Attendance at allocation of seats E+W+S

58.— (1) The returning officer must make arrangements for making the calculation and allocation required by rule 59.

(2) No person other than—

(a) the returning officer and his clerks;

(b) the election agent of each registered party standing at the election or a person acting on his behalf;

(c) each candidate on the list of such a party and one other person chosen by each of them;

(d) each individual candidate and one person chosen by each of them;

(e) the election agent of each individual candidate or a person acting on his behalf;

(f) the nominating officer of each registered party which is contesting the election to the European Parliament in the electoral region;

(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may be present at that calculation and allocation unless permitted by the returning officer to attend.

(3) The returning officer must give to—

(a) the election agent of each registered party standing at the election; and

(b) each individual candidate,

notice in writing of the place at which he will conduct the proceedings under rule 59 and of the time at which he will begin those proceedings.

Allocation of seats E+W+S

59.— (1) The returning officer, as soon as practicable after he has been informed of the contents of the statements prepared under rule 57(1) by local returning officers in his region must calculate the total number of votes given to each registered party and individual candidate in all of the local counting areas within the electoral region, as shown in those statements.

(2) Subject to paragraph (4)[F6 , rule 60 and rule 60A], the returning officer must then allocate the seats in accordance with subsections (5) to (9) of section 2 of the 2002 Act.

(3) The returning officer must give the persons entitled to be present reasonable facilities for satisfying themselves that the results of the calculation and allocation which he is required to make are accurate; and in particular, a person entitled to be present may require the returning officer to make a calculation or allocation again but the returning officer may refuse to do so if in his opinion the request is unreasonable.

(4) At a by-election at which there is only one vacancy, subsections (5) to (9) of section 2 of the 2002 Act are to have effect as though they provided that the party or individual candidate to whom the majority of the votes have been given must be declared to be elected.

Textual Amendments

F6 Words in Sch. 1 rule 59(2) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 27

Equality of seats E+W+S

60.— (1) Where in the case of the last seat to be allocated, two or more registered parties or individual candidates have an equal number of votes and that number is greater than the number of votes of any other party or candidate, one vote must be added to the votes of each party or individual candidate having such an equal number and the rules in subsections (5) to (9) of section 2 of the 2002 Act must be applied again.

(2) Where, after the application of the procedure set out in paragraph (1), two or more parties or individual candidates still have an equal number of votes and that number is greater than the number of votes of any other party or candidate, the returning officer must forthwith decide between the parties and individual candidates having such an equal number by lot, and allocate the seat to the party or candidate on whom the lot falls.

(3) Where the lot falls on a party, the returning officer must comply with section 2(8) of the 2002 Act.

[F7 Disqualification in home Member State E+W+S

60A.— (1) This rule applies where a candidate is a relevant citizen of the Union and, after the publication of the statement of parties and individual candidates standing nominated, the returning officer receives, under rule 9A(4), information that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which the candidate is a national.

(2) Any votes given to the candidate are to be disregarded for the purpose of applying—

(a) rules 59 and 60, and

(b) subsections (5) to (9) of section 2 to the 2002 Act (voting system in Great Britain and Gibraltar).

(3) For the purpose of subsections (7) and (8) of section 2 of the 2002 Act, the candidate is to be treated as being omitted from a party’s list of candidates.]]

Textual Amendments

F7 Sch. 1 rule 60A inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 28