The Greater London Authority Elections Rules 2007

Rule 4

SCHEDULE 4 U.K. MANUAL COUNT RULES

Citation U.K.

1.  This Schedule may be cited as the Manual Count Rules.

Interpretation U.K.

2.—(1) In this Schedule—

“CMER” means the Constituency Members Election Rules in Schedule 1;

“LMER” means the London Members Election Rules in Schedule 2;

“MER” means the Mayoral Election Rules in Schedule 3.

3.  If the votes at an Authority election are counted without the use of an electronic counting system, the CMER, the LMER and the MER will have effect as if the provisions listed in column (1) of Table 1 were modified as shown in column (2). U.K.

Table 1

(1)Rule(s)	(2)Modification
[F1 CMER rule 17 (ballot papers)	In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,”]
[F1 LMER rule 18 (ballot papers)	In paragraph (4)(a) omit “, so far as practicable for the purposes of electronic counting,”]
[F1 MER rule 17 (ballot papers)	In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,”]
CMER rule 47 (attendance at verification and the counting of votes) LMER rule 48 (attendance at verification and the local count) MER rule 47 (attendance at verification and the local count)	In paragraph (1), before “verification” insert “separation,” and after “begin to” insert “separate,”. In paragraph (2)(a) omit “and technical assistants”. After paragraph (4) insert— “(5) 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 are entitled to satisfy themselves that the ballot papers are correctly sorted.”.
CMER rule 49 (verification and the count)	For paragraph (1) substitute the following paragraphs— “(1) Where the election is at an ordinary election, the CRO must— (a) in the presence of the counting agents appointed for the purposes of the constituency members election, the London members election and the mayoral election, open each ballot box and record separately the number of ballot papers used in each Authority election, (b) in the presence of the election agents appointed for the purposes of those elections, 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 each Authority election, (d) separate the ballot papers relating to the election from those relating to the other Authority elections. (1A) Where the election is a not at an ordinary election, the CRO must— (a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it, (b) in the presence of the election agents verify each ballot paper account, and (c) count such of the postal ballot papers as have been duly returned and record the number counted.”. For paragraph (4) substitute— “(4) After completing the proceedings under paragraph (1) or (1A), the CRO must mix together all of the ballot papers used in the election in the Assembly constituency and must count the votes given on them.”. In paragraph (5) omit the words “cause the electronic counting system to”. For paragraph (6) substitute— “(6) The CRO 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 election agent may copy.”.
LMER rule 50 (verification and the local count)	For paragraph (1) substitute— “(1) The CRO must— (a) in the presence of the counting agents appointed for the purposes of the constituency members election, the London members election and the mayoral election, open each ballot box and record separately the number of ballot papers used in each Authority election, (b) in the presence of the election agents appointed for the purposes of those elections, 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 each Authority election, (d) separate the ballot papers relating to the election from those relating to the other Authority elections.”. For paragraph (4) substitute— “(4) After completing the proceedings under paragraph (1), the CRO must mix together all of the ballot papers used in the election in the Assembly constituency and must count the votes given on them.”. In paragraph (5) omit the words “cause the electronic counting system to”. For paragraph (6) substitute— “(6) The CRO 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 election agent may copy.”.
MER rule 49 (verification and the local count)	For paragraph (1) substitute the following paragraphs— “(1) Where the election is held at an ordinary election, the CRO must— (a) in the presence of the counting agents appointed for the purposes of the constituency members election, the London members election and the mayoral election, open each ballot box and record separately the number of ballot papers used in each Authority election, (b) in the presence of the election agents appointed for the purposes of those elections, 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 each Authority election, (d) separate the ballot papers relating to the election from those relating to the other Authority elections. (1A) Where the election is a not held at an ordinary election, the CRO must— (a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it, (b) in the presence of the election agents verify each ballot paper account, and (c) count such of the postal ballot papers as have been duly returned and record the number counted.”. For paragraph (4) substitute— “(4) After completing the proceedings under paragraph (1) or (1A), the CRO must mix together all of the ballot papers used at that election in the Assembly constituency and— (a) where the election is contested by more than two candidates, count the first preference votes given on them, (b) where the election is contested by only two candidates, count the votes given on them.”. In paragraph (5) omit the words “cause the electronic counting system to”. For paragraph (6) substitute— “(6) The CRO must 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 must draw up a statement as to the result of the verification, which any election agent may copy.”.
CMER rule 50 LMER rule 51 (rejected ballot papers)	For paragraph (3) substitute— “(3) The CRO 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 to his decision is made by a counting agent.”. Omit paragraphs (4) – (10).
MER rule 50 (rejected ballot papers)	For paragraph (4) substitute— “(4) The CRO 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 to his decision is made by a counting agent.”. Omit paragraphs (5) to (12). Omit paragraph (13)(e) and for paragraph (13)(d) substitute— “(d) unmarked or void for uncertainty as to the first preference vote.”.
LMER rule 54 (procedure at conclusion of local count)	For paragraph (2) substitute— “(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents.”.
MER rule 53 (procedure at conclusion of local count)	Omit paragraph (1)(c)(iii). For paragraph (2) substitute— “(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents.”.
LMER rule 55 (attendance at allocation of seats)	In paragraph (2)(b) omit “or technical assistant”.
MER rule 54 (attendance at the central calculation)	In paragraph (2)(b) omit “or technical assistant”.
MER rule 55 (the first calculation and resolution of equality)	For paragraph (4)(b) substitute— “(b) if paragraph 4(1) of that Schedule applies (no candidate with overall majority of first preference votes), the GLRO must direct every CRO at the election who has counted manually to count the second preference votes given as mentioned in paragraph 4(5) of that Schedule.”. In Part 5, before rule 56 insert— “The count of second preference votes 56ZA.— (1) As soon as the CRO has received such a direction as is mentioned in rule 55(4)(b) he must 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 will be valid as respects that vote and must be counted accordingly if, but only if, a valid first preference vote has also been marked. (3) Rules 47, 49, 50, 53 and 55 will apply in relation to the count of second preference votes as they apply in relation to the count of first preference votes, and as if references to first preference votes were references to second preference votes. (4) The CRO may not be required to re-examine any decision taken under rule 50. (5) As soon as practicable after the second preference votes have been counted, the CRO must inform the GLRO of the number of second preference votes cast for each of the candidates remaining in the contest.”.
MER rule 56 (the second calculation and resolution of equality)	For paragraph (1) substitute— “(1) As soon as the GLRO has received the information required by rule 56ZA(5) from every CRO, he must comply with paragraph 4(5) and (6) of Schedule 2 to the 1999 Act.”.
CMER rule 54 (declaration of result)	Omit paragraphs (2) and (3).
LMER rule 57 (declaration of result)	Omit paragraphs (3) and (4).
MER rule 57 (declaration of result)	Omit paragraphs (2)(e), (4) and (5).

Textual Amendments

F1 Words in Sch. 4 rule 3 Table 1 inserted (8.2.2016) by The Greater London Authority Elections (Amendment) Rules 2016 (S.I. 2016/24), rules 1(2), 8(4)