The Local Elections (Communities) (Wales) Rules 2021

Separation of ballot papers etc. where returning officer is co-ordinating returning officer E+W

55.—(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must, in the presence of the community counting agents and the other counting agents, open each ballot box, take out the ballot papers, count them and record separately the number of ballot papers used in each election.

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

(4) Where separate ballot boxes were used at the poll, no vote for a candidate at the community election is to be treated as invalid because it was placed in the ballot box intended for use at a relevant election.

(5) The returning officer must, in the presence of the community election agents (if appointed) and the other election agents, verify each ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and tendered votes list).

(6) The returning officer must prepare a statement as to the result of the verification and give a copy of the statement to any community election agent (if appointed), and to any other election agent, who requests it.

(7) Where a candidate at the community election has not appointed an election agent—

(a) the verification of the ballot paper account must be done in the presence of the candidate’s counting agents instead, and

(b) on request, a copy of the statement must be given to the candidate.

(8) The returning officer must also—

(a) count the postal ballot papers that have been properly returned (as to which see rule 58), and

(b) record separately the number counted at the poll at the community election and at each relevant election.

(9) The returning officer must then—

(a) separate the ballot papers relating to the community election from the ballot papers relating to each relevant election,

(b) make up into packets the ballot papers for each relevant election, and

(c) seal up the packets in separate containers endorsing on each a description of the area to which the ballot papers relate.

(10) The returning officer must then deliver or cause to be delivered to the returning officer for each relevant election—

(a) the containers of ballot papers relating to the election, together with a list of the containers and their contents,

(b) the ballot paper accounts relating to the election, together with a copy of the statements as to the result of their verification, and

(c) the packets of unused and spoilt ballot papers and tendered ballot papers.

(11) The returning officer must then mix together all the ballot papers used at the community election.

Commencement Information

I1 Sch. 2 rule 55 in force at 17.12.2021, see rule 1