The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020

Postal ballots: disposal of documents by the returning or counting officer

5.—(1) The returning officer for a relevant by-election—

(a) subject to paragraph (2), must not take any steps or further steps to open a covering envelope, or deal with the contents of an opened relevant envelope, in accordance with Part 5 of the 2001 Regulations;

(b) must treat as if it were a counted ballot paper—

(i) any unopened covering envelope;

(ii) the contents of any opened relevant envelope; and

(iii) any contents of the postal ballot box.

(2) Where the polls for one or more relevant by-elections were due to be taken together—

(a) the returning officer may open any covering envelopes or ballot paper envelopes in order to separate the contents by election for the purposes of paragraph (4);

(b) the requirements of Part 5 of the 2001 Regulations do not apply to any such opening of envelopes.

(3) The returning officer—

(a) must seal up in packets—

(i) any contents of the receptacle for rejected votes;

(ii) any contents of the receptacle for ballot paper envelopes;

(iii) any contents of the receptacle for rejected ballot paper envelopes;

(iv) any lists of spoilt, lost or cancelled postal ballot papers kept in accordance with regulations 77(8), 78(4) or 78A(3) of the 2001 Regulations;

(v) any contents of the receptacle for rejected votes (verification procedure);

(vi) any contents of the receptacle for postal voting statements (verification procedure);

(vii) anything treated as if it were a counted ballot paper under paragraph (1)(b) which would not otherwise be contained in a packet in accordance with sub-paragraphs (i) to (vi);

(viii) the marked copies of the postal voters list and the proxy postal voters list;

(b) must forward those packets to the relevant registration officer, together with—

(i) any sealed packets described in regulations 75(1), 77(6), 78(2C) and 78A(2)(c) of the 2001 Regulations (completed corresponding number lists and spoilt, lost and cancelled postal ballot papers);

(ii) any list required to be compiled in accordance with regulation 87(4) of the 2001 Regulations (lists of rejected ballot papers).

(4) The returning officer must endorse each packet described in paragraph (4) with—

(a) a description of its contents;

(b) the date of the poll for the relevant by-election; and

(c) the name of the electoral area (or areas) to which the relevant by-election relates.

(5) Section 36(4) or (5A) of the 1983 Act (local elections in England and Wales: payment of expenditure)(1) applies to all expenditure properly incurred by a returning officer in relation to the exercise of the officer’s functions under this regulation as it applies to expenditure properly incurred in relation to the holding of an election.

(1)

Section 36(4) and (5A) was amended by the Local Government Act 1985 (c. 51), Schedule 17; by the Local Government (Wales) Act 1994 (c. 19), Schedule 16, paragraphs 68(9) and (10).