SCHEDULE 2Rules for Conduct of an Election of Councillors of a Principal Area where Poll is not taken together with Poll at another Election

PART 6Death of Candidate

Countermand or abandonment of poll on death of a candidate

55.

(1)

If at a contested election proof is given to the returning officer’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 returning officer must 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 of the 1983 Act28 apply in respect of any vacancy which remains unfilled.

(2)

Where the poll is abandoned by reason of a candidate’s death no further ballot papers shall be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he is required to take on the close of the poll in due course.

(3)

The returning officer must dispose of ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, subject to paragraphs (4) and (5).

(4)

It is not necessary for any ballot paper account to be prepared or verified.

(5)

The returning officer must seal up all the ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

(6)

The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents by the relevant registration officer relating to a poll at an election shall apply to any such documents relating to a poll abandoned by reason of a candidate’s death, subject to paragraphs (7) and (8).

(7)

Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(8)

No order is to be made for—

(a)

the inspection or production of any ballot papers, or

(b)

for the opening of a sealed packet of the completed corresponding number lists 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.