The Local Elections (Principal Areas) (Wales) Rules 2021

PART 6 Death of Candidate

Countermand or abandonment of poll on death of a candidate

71.—(1) This rule applies where, at a contested election, the returning officer is satisfied before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died.

(2) The returning officer must countermand notice of the poll or, if polling has begun, the returning officer must direct that the poll be abandoned and no further ballot papers may be issued.

(3) The countermanding of the poll or a direction that it be abandoned does not affect the poll at any relevant election.

(4) At the close of the poll at each relevant election, the presiding officer at any polling station in use at the election must take the steps (so far as not already taken) that the presiding officer would be required to take under rule 51 had the poll at the principal area election not been abandoned, except that it is not necessary for the presiding officer to prepare a ballot paper account.

(5) Where the returning officer is the co-ordinating returning officer, the returning officer must take the steps (so far as not already taken) that the returning officer would be required to take under Part 4, except that—

(a) the returning officer must not proceed with counting any ballot papers or votes relating to the abandoned poll, and

(b) it is not necessary to verify any ballot paper account relating to that poll.

(6) Where the returning officer is not the co-ordinating returning officer, the returning officer—

(a) must receive any ballot papers or other documents relating to the abandoned poll that may be delivered by or on behalf of the co-ordinating returning officer, but

(b) must not otherwise proceed with any step under Part 4 relating to the abandoned poll.

(7) The returning officer must take the same steps as the returning officer would be required to take under rules 65 and 66 on the completion of the counting of votes (had the poll not been abandoned), except that—

(a) the returning officer must seal up all the ballot papers (whether the votes on them have been counted or not), and

(b) it is not necessary to seal up counted and rejected ballot papers in separate packets.

(8) The provisions of rules 67 to 69 apply to ballot papers and other documents relating to a poll that is abandoned by reason of a candidate’s death, except that—

(a) ballot papers on which the votes were neither counted nor rejected are to be treated as counted ballot papers, and

(b) an order may be made under rule 67(2) or (3) only for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers.

(9) For what happens after notice of a poll is countermanded or a poll is abandoned, see section 39 of the 1983 Act.