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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Type Statutory-Instrument

Publication 2007-03-26

Last updated 2024-12-04

State In force

Department King's Printer of Acts of Parliament

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Made: 26th March 2007

Coming into force: 27th March 2007

A draft of these Regulations has been laid before and approved by resolution of each House of Parliament:

Citation, Commencement and Revocation

1

(1) These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.

(2) These Regulations come into force on the day after that on which they are made except for the purposes of an election if the last date for the publication of the notice of election for that election is on or before 26 March 2007.

(3) The following instruments are revoked—

(a) The Local Authorities (Mayoral Elections)(England and Wales) Regulations 2002[^f00003];

(b) The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 [^f00004];

(c) The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005[^f00005] to the extent of Part 4 of Schedule 12.

Interpretation

2

In these Regulations, —

“the 2000 Act” means the Local Government Act 2000;

“the 1983 Act” means the Representation of the People Act 1983[^f00006];

“the Elections Regulations” means the Representation of the People (England and Wales) Regulations 2001[^f00007];

“the Mayoral Elections Rules” means the rules set out in Schedule 1 to these Regulations;

“the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012;

“candidate” means a candidate to be an elected mayor;

“combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority mayoral election” means an election of a mayor for a combined county authority under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

“election” or “mayoral election” means an election for the return of an elected mayor;

“electoral area”—in relation to a mayoral election in England, means the county, district or London borough in which the election is held;in relation to a mayoral election in Wales, means the county or county borough in which the election is held;

“local government election” shall have the same meaning as in section 203(1) of the 1983 Act[^f00010];

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;

“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972;

“referendum” means a referendum conducted under the Referendums Regulations;

“relevant election or referendum” means one or more of the following—a Parliamentary election[^f00011];...a local government election;another mayoral election; anda referendum, a combined authority mayoral election, a combined county authority mayoral election; a police and crime commissioner election, the poll at which is taken together with the poll at the mayoral election;

“returning officer”, in relation to a mayoral election, means—the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales)[^f00012] of the 1983 Act as applied by these Regulations; andany person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a).

Conduct of mayoral elections

3

(1) An election for the return of an elected mayor[^f00013] shall be conducted in accordance with the Rules set out in Schedule 1 (“the Mayoral Elections Rules”).

(2) The relevant provisions in the enactments referred to in paragraph (3), shall have effect—

(a) in relation to the conduct of a mayoral election in England, as they have effect in relation to the conduct of an election of councillors for any county electoral division or district or London borough ward,

(b) in relation to the conduct of a mayoral election in Wales, as they have effect in relation to the conduct of an election of councillors for any county electoral division or county borough ward,

subject to the modifications set out in paragraph (4).

(3) The enactments referred to in paragraph (2) are—

(a) the 1983 Act;

(b) the Representation of the People Act 1985;

(d) the Elections Regulations, and

(e) the Electoral Administration Act 2006[^f00015].

(4) The modifications referred to in paragraph (2) are—

(a) references in the relevant provisions to “local government elections” shall be taken to include mayoral elections;

(b) references in the relevant provisions to a “candidate” shall be taken to include a candidate at a mayoral election;

(4A) Where the poll at a mayoral election is taken alone, or is taken together with a poll at a police and crime commissioner election but not with a poll at any other relevant election or referendum, section 199B of the 1983 Act (translation of certain documents) has effect in relation to the conduct of the mayoral election subject to the modification in the Table in Schedule 2A instead of the modification to that section in Table 1 of Schedule 2.

(5) In this regulation “relevant provisions” means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district or London borough ward (in England) or any county electoral division or county borough ward (in Wales).

Combination of polls

4

(1) Where the poll at a mayoral election is taken together with the poll at a relevant election or referendum[^f00016], the Mayoral Elections Rules shall be modified so as to have effect as set out in Schedule 3.

(2) Where the poll at a mayoral election is taken together with a poll at a police and crime commissioner election and is not also taken together with a poll at any other relevant election or referendum, Schedule 3 has effect subject to the modifications set out in Schedule 3A.

Questioning of mayoral election

5

For the purposes of sections 9HE(6) and 44(4) of the 2000 Act, Part 3 (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of an election for the return of an elected mayor as it has effect in relation to the questioning of an election under the local government Act [^f00017].

Free delivery of election addresses

6

(1) Each candidate at a mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 4) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

(a) prepared by the returning officer; and

(b) delivered by that officer to each person entitled to vote at that election[^f00018].

(2) Candidates’ election addresses shall be delivered at the expense of the local authority for whose electoral area the election is held.

(3) Schedule 4 (which makes provisions supplementing paragraph (1) above) shall have effect.

SCHEDULE 1 — The Mayoral Elections Rules

PART 1 — General provisions

Citation

1

These Rules may be cited as the Mayoral Elections Rules.

Interpretation

2

(1) In these Rules, “the Appendix” means the Appendix to these Rules.

(1A) In these Rules, “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022.

(2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections), except for those defined in regulation 2 or modified by regulation 3, shall have the same meaning in these Rules as they have in that Act.

PART 2 — Provisions as to time

Timetable

3

The proceedings at the election shall be conducted in accordance with the following Timetable:

Proceeding	Time
Publication of notice of election	Not later than the twenty-fifth day before the day of election
Delivery of nomination papers	Not later than 4 in the afternoon on the nineteenth day before the day of election
Publication of statement as to persons nominated	Not later than 4 in the afternoon on the eighteenth day before the day of election
Delivery of notices of withdrawal of candidature	Not later than 4 in the afternoon on the nineteenth day before the day of election
Notice of poll	Not later than the sixth day before the day of election
Polling	Between the hours of 7 in the morning and 10 at night on the day of election

Computation of time

4

(1) In computing any period of time for the purposes of the Timetable—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00019] in England and Wales.

PART 3 — Stages common to contested and uncontested elections

Notice of Election

5

(1) The returning officer must publish notice of the election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination of candidates

6

(1) Each candidate must be nominated by a separate nomination paper.

(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the county, county borough, district or London borough in which the electoral area wholly or mainly lies.

(3) A nomination paper must state the candidate’s—

(a) full names, and

(b) home address, in full, and

and the surname must be placed first in the list of names.

(4) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).

(5) The description (if any) can only be—

(a) one authorised as mentioned in rule 7(1) or (3); or

(b) the word “Independent”.

(6) The nomination paper must be accompanied by a form (in these Rules referred to as the “home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (9), qualifying addresses;

(b) the attesting person’s—

(i) full names, and

(ii) home address in full.

Provision in paragraph (2) about delivery of the nomination paper applies also to the home address form.

(7) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) if that address is in the United Kingdom, state the relevant area;

(ii) if that address is outside the United Kingdom, state the country within which it is situated.

(8) The home address form must also state, in relation to each qualifying address, which of the qualifications mentioned in paragraph (9) that address relates to.

(9) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected as mayor by virtue of being registered as a local government elector at a particular address, that address;

(b) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of owning or occupying land or other premises in a particular area, a description and the address of that land or those premises;

(c) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of their principal or only place of work being in a particular area, the address in full of that place of work;

(d) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of residing in a particular area, the address, or addresses, in full at which the candidate has so resided.

(10) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(c);

“relevant area”—in relation to a home address which is in England, means—if it is within a district for which there is a district council, that district;if it is within a county in which there are no districts with councils, that county;if it is within a London borough, that London borough;if it is within the City of London (including the Inner and Middle Temples), the City of London;if it is in the Isles of Scilly, the Isles of Scilly;in relation to a home address which is in Wales, means—if it is within a county, that county;if it is within a county borough, that county borough;in relation to a home address in Scotland, means the local government area in which it is situated;in relation to a home address in Northern Ireland, means the local government district in which it is situated.

Nomination papers: name of registered political party

7

(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(2) In paragraph (1) an authorised description may be either—

(a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000[^f00020], or

(b) a description of the party registered under section 28A[^f00021] of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000[^f00022].

(5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party’s nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a) “registered political party” means a party which was registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election;

(b) a registered political party is a qualifying party in relation to an electoral area if the electoral area is in England or Wales and the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.

Subscription of nomination paper

8

(1) The nomination paper must be subscribed by two electors as proposer and seconder, and by twenty-eight other electors as assenting to the nomination.

(2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.

(3) The nomination paper must give the electoral number of each person subscribing it.

(4) The returning officer—

(a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b) must at any elector’s request prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the returning officer.

(5) In this rule “elector”—

(a) means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and

(b) includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

(6) But, in this rule, “elector” does not include a person who has an anonymous entry in the register.

9

A person shall not be validly nominated unless his consent to nomination—

(a) is given in writing, on or within one month before the last day for the delivery of nomination papers,

(b) is in the appropriate form in the Appendix or a form to the like effect and includes—

(i) for a nomination in England, a copy of sections 80 , 81 and 81A of the Local Government Act 1972, section 78A of the Local Government Act 2000 , section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022; or

(ii) for a nomination in Wales, a copy of sections 80 and 81 of the Local Government Act 1972 and sections 78A and 79 of the Local Government Act 2000.

(d) is delivered at the place and within the time for the delivery of nomination papers.

Deposits

10

(1) A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf, with the returning officer at the place and within the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act).

Decisions as to validity of nomination papers and home address forms

11

(1) Where a nomination paper and the candidate’s consent to nomination and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid, or

(aa) the returning officer decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 6(6) or (8), or

(ii) if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

(b) proof is given to the returning officer’s satisfaction of the candidate’s death, or

(2) The returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of the persons subscribing the paper are not as required by law; ...

(b) that the paper is not subscribed as so required.

(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3) Subject to paragraph (4), the returning officer must, as soon as practicable after each nomination paper has nomination paper and home address form have been delivered, examine it them and decide whether the candidate has been validly nominated.

(4) If in the returning officer’s opinion a nomination paper breaks rule 7(1) or (3), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the last time for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6) The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his nomination paper home address form.

(7) The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated

12

(1) The returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and home address forms.

(3) If a person’s nomination paper gives a commonly used surname or forename in accordance with rule 6(4), the statement must show the person’s commonly used surname or forename (as the case may be) instead of the other surname or forename.

(4) Paragraph (3) does not apply if the returning officer thinks—

(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(6A) In relation to a nominated person whose home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—

(a) the statement mentioned in rule 6(7)(a), and

(b) the information mentioned in rule 6(7)(b),

the reference in paragraph (2) to the person’s address is to be read as a reference to the information mentioned in rule 6(7)(b).

(7) In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

(8) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) paragraph (6A) applies in relation to each of the persons in question, and

the returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate to reduce the likelihood of confusion.

(9) Where it is practicable to do so before the publication of the statement, the returning officer must consult any person whose particulars are to be amended or added to under paragraph (8).

(10) The returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (8).

(11) Anything done by a returning officer in pursuance of paragraph (8) must not be questioned in proceedings other than proceedings on an election petition.

(12) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (8).

13

During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.

Correction of minor errors

14

(1) A returning officer may, if he thinks fit, at any time before the publication under rule 12 of the statement of persons nominated, correct minor errors in a nomination paper or home address form.

(2) Errors which may be corrected include—

(a) errors as to a person’s electoral number;

(b) obvious errors of spelling in relation to the details of a candidate.

(3) Anything done by a returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.

(4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Withdrawal of candidature

15

(1) A candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, and

(b) delivered to the returning officer at the place for delivery of nomination papers.

(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his proposer and accompanied by a written declaration also so signed of the candidate’s absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if—

(a) it and the accompanying declaration are signed by all the proposers except any who is, and is stated in that declaration to be, outside the United Kingdom; or

(b) it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the proposer giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom.

Method of election

16

If, after any withdrawals under rule 15—

(a) more than two candidates remain validly nominated, a poll shall be taken in accordance with Part 4 or, in the case of a mayoral election in Wales, Parts 4 and 5 of these Rules;

(b) only two candidates remain validly nominated, a poll shall be taken in accordance with Part 4;

PART 4 — Contested elections

Poll to be taken by ballot

17

The votes at the poll shall be given by ballot.

The ballot papers

18

(1) The ballot of every person entitled to a vote at the election shall consist of a ballot paper.

(2) The persons remaining validly nominated for election to the office of mayor, after any withdrawals, and no others, shall be entitled to have their names inserted in the ballot paper at that election.

(3) Every ballot paper must be in the appropriate form, and must be printed in accordance with the appropriate directions set out in the Appendix, and—

(a) must contain the names and other particulars of the candidates as shown in the statement of persons nominated;

(b) must be capable of being folded up; and

(4) If a candidate who is the subject of a party’s authorisation under rule 7(1) so requests, the ballot paper must contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(4A) If a candidate who is the subject of an authorisation by two or more parties under rule 7(3) so requests, the ballot paper must contain, against the candidate’s particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.

(5) The candidate’s request under paragraph (4) or (4A) must—

(a) be made in writing to the returning officer, and

(b) be received by him before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(6) The order of the names in the ballot paper must be the same as in the statement of persons nominated.

The corresponding number list

19

(1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24 or provided by him in pursuance of rule 28.

(2) The list must be in the appropriate form in the Appendix or a form to like effect.

The official mark

20

(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at an election (of whatever description) for the same county, county borough, district or London borough, as the case may be.

(3) The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

21

No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he has voted.

Use of schools and public rooms

22

(1) The returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b) a room the expense of maintaining which is met by any local authority.

(2) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.

(3) The returning officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as is mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.

Notice of poll

23

(1) The returning officer must publish notice of the poll stating—

(a) the day and hours fixed for the poll;

(b) the particulars of each candidate remaining validly nominated (the names and other particulars of the candidates, and the order of the candidates’ names being the same as in the statement of persons nominated); and

(2) Where a candidate is nominated by more than one nomination paper, the nomination paper referred to in paragraph (1)(c) must be that from which the names and other particulars of the candidate shown in the statement of persons nominated are taken.

(3) The returning officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station; and

(b) the description of voters entitled to vote there,

and he must as soon as practicable after giving such a notice give a copy of it to each of the election agents.

Postal ballot papers

24

(1) The returning officer must, in accordance with regulations made under the 1983 Act[^f00023], issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to the like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

Provision of polling stations

25

(1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral area must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral area.

(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

(5) In the case of a mayoral election held in England, the returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

Appointment of presiding officers and polling clerks

26

(1) The returning officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station and in respect of a presiding officer for a mayoral election in England only—

(a) refuse to deliver a ballot paper under rule 35(3A) or rule 37(1F) (including that rule as applied by rules 38, 39 or 40), or

(b) resolve doubts over identity as mentioned in rule 37(1G) (including that rule as applied by rule 38, 39 or 40).

Issue of official poll cards

27

(1) The returning officer must as soon as practicable after the publication of the notice of the election send to electors and their proxies an official poll card.

(2) An elector’s official poll card must be sent or delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

(a) the name of the local authority to which the election relates;

(b) that the election is a mayoral election;

(d) the date and hours of the poll and the situation of the elector’s polling station;

(e) such other information as the returning officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (e) to different electors or descriptions of elector.

(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(c), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) Paragraph (5) of rule 8 shall apply for the interpretation of this rule.

Equipment of polling stations

28

(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The returning officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers;

(b) copies of the register of electors for the electoral area or such part of it as contains the names of the electors allotted to the station;

(c) the parts of any special lists prepared for the election corresponding to the register of electors for the electoral area or the part of it provided under sub-paragraph (b);

(d) a list consisting of that part of the list prepared under rule 19 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act[^f00024] in respect of alterations to the register.

(5) The returning officer must also provide each polling station with—

(a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters who are partially sighted; ...

(b) for a mayoral election in Wales, a device of such description as is set out in paragraph (8) for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 39(1)).

(c) for a mayoral election in England, such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 37 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.

(5A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5)(c) of this rule as it applies for the purposes of that rule, but as if the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(c) of this rule.

(5B) In the case of a mayoral election held in England—

(a) the returning officer must also provide each polling station with a ballot paper refusal list, in the appropriate form in the Appendix or a form to the like effect, on which entries are to be made as mentioned in rule 41A (refusal to deliver ballot paper: mayoral elections in England);

(b) a large notice must be displayed inside each polling station containing—

(i) relevant identification details, and

(ii) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the voter claims to be.

(5C) In paragraph (5B)(b)(i), “relevant identification details” means details of the documents the voter needs to produce when applying for a ballot paper, namely—

(a) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(b) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.

(6) A notice in the appropriate form in the Appendix giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(7) The returning officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(8) The device referred to in paragraph (5)(b) must—

(a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;

(b) hold the ballot paper firmly in place during use; and

(i) identify the spaces on the ballot paper on which he may mark his vote; and

(ii) identify the candidate to which each such space refers; and

(iii) mark his vote on the space he has chosen.

Appointment of polling and counting agents

29

(1) Subject to paragraphs (3), (4) and (5), before the commencement of the poll each candidate may appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation; and

(b) counting agents to attend at the counting of the votes.

(2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

(3) Not more than four polling agents, or such greater number as the returning officer may by notice allow, shall be permitted to attend at any particular polling station.

(4) If the number of such agents appointed to attend at a particular polling station exceeds the allowed number, the returning officer must determine which agents are permitted to attend by lot, and only the agents on whom the lot falls shall be deemed to have been duly appointed.

(5) The returning officer may limit the number of counting agents, but in doing so must ensure that—

(a) the number is the same in the case of each candidate; and

(b) the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(6) For the purposes of the calculations required by paragraph (5), a counting agent appointed for more than one candidate is a separate agent for each of the candidates for whom he has been appointed.

(7) Notice in writing of the appointment, stating the names and addresses of the persons appointed, must be given by the candidate to the returning officer and must be so given not later than the fifth day (disregarding any referred to in rule 4 (1)) before the day of the poll.

(8) If an agent dies, or becomes incapable of acting, the candidate may appoint another person in his place, and must forthwith give to the returning officer notice in writing of the name and address of that other person.

(9) Any appointment for a candidate authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate’s election agent, instead of by the candidate.

(10) In the following provisions of these Rules references to polling agents and counting agents shall be taken as references to agents—

(a) whose appointments have been duly made and notified; and

(b) where the number of agents is restricted, who are within the permitted numbers.

(11) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.

(12) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(13) A candidate’s election agent may do or assist in doing anything which the candidate’s polling or counting agent is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate’s election agent instead of his polling agent or counting agent.

(14) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agent, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

30

(1) The returning officer must make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66[^f00025] of the 1983 Act; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section.

(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

Return of postal ballot papers

31

(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list in the manner prescribed by regulations made under the 1983 Act[^f00026].

(2) Rule 47(4) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Admission to polling station

32

(1) The presiding officer must exclude all persons from the polling station except—

(a) voters;

(b) persons under the age of 18 who accompany voters to the polling station;

(ba) in England, persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(5)(b);

(d) the polling agents appointed to attend at the polling station;

(e) the clerks appointed to attend at the polling station;

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000[^f00027];

(g) the constables on duty; and

(h) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(4) A constable or person employed by a returning officer must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the returning officer, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

(6) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

Keeping of order in station

33

(1) It is the presiding officer’s duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the returning officer to remove him,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

34

Immediately before the commencement of the poll, the presiding officer must—

(a) show the ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the box is empty;

(b) lock up the box (if it has a lock);

(i) on the lock; or

(ii) where the ballot box has no lock, on the box,

in such a manner as to prevent its being opened without breaking the seal;

(d) place the box in his view for the receipt of ballot papers; and

(e) keep the box locked and sealed or, as the case may be, sealed.

Questions to be put to voters

35

(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, ...

(b) in relation to a mayoral election held in Wales, must be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put: and

(i) (where applicable) the person has answered the previous question in the manner indicated, and

(ii) the letter “R” appears after the question and the candidate or the candidate’s election or polling agent requires the question to be put:

Q. No.	Person applying for ballot paper	Question
1	A person applying as an elector	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” — Are you the person registered in the register of local government electors for this election as follows?read the whole entry from the register [R]— Have you already voted [here or elsewhere] at this election otherwise than as proxy for some other person? [R]
2	A person applying as proxy	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” — Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? [R]— Have you already voted [here or elsewhere] at this election as proxy on behalf of C.D.? [R] In relation to a mayoral election held in Wales: — Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R] In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” — Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R]— Have you already voted [here or elsewhere] as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R]In relation to a mayoral election held in Wales:— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R] In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
4	In relation to a mayoral election held in Wales, a person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative	Have you already voted at this election on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R]
5	A person applying as an elector in relation to whom there is an entry in the postal voters list	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” — Did you apply to vote by post?— Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” — Did you apply to vote by post as proxy?— Why have you not voted by post as proxy?

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

(2A) In the case of a mayoral election held in England, where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3) In the case of a mayoral election in Wales, a ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

(3A) In the case of a mayoral election held in England, where the presiding officer—

(a) gives a person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

the officer must refuse to deliver a ballot paper to the person (and see rule 41A (procedure where ballot paper is refused under this paragraph)).

(3B) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3C) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3B) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote).

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Challenge of voter

36

A person must not be prevented from voting by reason only that—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

37

(1) Subject to rule 35(3A) and to paragraphs (1A) to (1N), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) in the case of a mayoral election in Wales only, the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors must be called out;

(b) the number of the elector must be marked on the list mentioned in rule 28(3)(d) beside the number of the ballot paper to be issued to him;

(c) a mark must be placed in the copy of the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(1A) Paragraphs (1B) to (1N) apply in the case of a mayoral election held in England.

(1B) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1C) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

(1D) Paragraph (1E) applies in relation to a voter where—

(a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1E) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

(1F) The presiding officer must refuse to deliver a ballot paper to a voter where—

(a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

(1G) Paragraph (1F)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(1H) The refusal to deliver a ballot paper to a voter under paragraph (1F) does not prevent the voter making a further application under paragraph (1), and paragraphs (1B) to (1G) apply on any further application.

(1I) In this rule, a “forged document” means a false document made to resemble a specified document.

(1J) In this rule, a “specified document”—

(a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the local authority in whose area the election is held, and

(ii) contains the number—

(aa) allocated to the voter as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1K) Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1L) Paragraph (1K) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

(1M) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1N) References in this rule to producing a document are to producing it for inspection.

(2) In the case of an elector in respect of a mayoral election in Wales who has an anonymous entry, he must show the presiding officer his official poll card and only his number shall be called out in pursuance of paragraph (1)(a).

(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(b) in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

(6) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purposes of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

Votes marked by presiding officer

38

(1) Subject to paragraph (1A), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(1A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(4) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act[^f00028], paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

Voting by persons with disabilities

39

(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (2A), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(2A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(3) For the purposes of these Rules—

(a) a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1); ...

(b) for a mayoral election in Wales, a person shall be qualified to assist a voter with disabilities to vote if that person is either—

(i) a person who is entitled to vote as an elector at the election; or

(ii) the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(c) for a mayoral election in England, a person is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.

(4) Subject to paragraph (5), the name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters with disabilities assisted by companions”).

(5) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(7) The declaration made by the companion of a voter with disabilities—

(a) must be in the appropriate form in the Appendix or a form to the like effect,

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(8) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers - circumstances where available

40

(1) If a person, representing himself to be—

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing himself to be a particular elector named on the register,

(b) he is also named in the postal voters list, and

(3) Paragraph (4) also applies if—

(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b) he is also named in the proxy postal voters list, and

(4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a) a particular elector named on the register who is also named in the postal voters list, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(7) Paragraphs (1B) to (1N) of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule at a mayoral election held in England as they apply in the case of a voter who applies for a ballot paper under rule 37(1), but as if, in rule 37(1H) the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

Tendered ballot papers-general provisions

41

(1) A tendered ballot paper must—

(a) be of a colour differing from that of the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(2) The name of the voter and his number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

(4) In the case of an elector who has an anonymous entry, this rule and rule 40 apply subject to the following modifications—

(a) in paragraphs (1)(b) and (2) above, the references to the name of the voter shall be ignored;

(b) otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears in the register or list (as the case may be).

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 40 shall apply as if—

(a) in rule 40(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;

(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

Spoilt ballot papers

42

A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of poll

43

The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riot

44

(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b) references in these Rules to the close of the poll shall be construed accordingly.

Procedure on close of poll

45

(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached,

(b) the unused and spoilt ballot papers placed together,

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,

(da) in the case of a mayoral election held in England, the ballot paper refusal list completed in accordance with rule 41A,

(e) the lists prepared under rule 19 including the parts which were completed in accordance with rule 37(1)(b) (together referred to in these Rules as “the completed corresponding number lists”),

(f) the certificates as to employment on duty on the day of the poll,

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 43 (correction of errors on day of poll), and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

Attendance at the count

46

(1) The returning officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place—

(a) at which he will begin to count the votes; and

(b) in the case of a mayoral election in Wales, at which he will begin any count of the second preference votes.

(2) No person other than—

(a) the returning officer and his clerks,

(b) the candidates and one other person chosen by each of them,

(d) the counting agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless he—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(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 shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The first count

47

(1) The returning officer 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

(2) The returning officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(2A) The returning officer at a mayoral election in England shall then count the votes given on them.

(3) The returning officer at a mayoral election in Wales shall then—

(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.

(4) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (5) and reaches the returning officer or any polling station in the electoral area in question before the close of the poll; and

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (5) and reaches him or such a polling station before that time;

(d) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act[^f00029], the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and

(e) in England, the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

(5) The manner in which any postal ballot paper or postal voting statement may be returned—

(a) to the returning officer, is by hand or by post;

(b) to a polling station, is by hand.

(5A) A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

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

(7) The returning officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(8) The returning officer 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.

(9) The returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

(10) During the time so excluded the returning officer must—

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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Citation, Commencement and Revocation

1

Interpretation

2

Conduct of mayoral elections

3

Combination of polls

4

Questioning of mayoral election

5

Free delivery of election addresses

6

SCHEDULE 1 — The Mayoral Elections Rules

PART 1 — General provisions

Citation

1

Interpretation

2

PART 2 — Provisions as to time

Timetable

3

Computation of time

4

PART 3 — Stages common to contested and uncontested elections

Notice of Election

5

Nomination of candidates

6

Nomination papers: name of registered political party

7

Subscription of nomination paper

8

Consent to nomination

9

Deposits

10

Decisions as to validity of nomination papers and home address forms

11

Publication of statement of persons nominated

12

Inspection of nomination papers and consent to nomination

13

Correction of minor errors

14

Withdrawal of candidature

15

Method of election

16

PART 4 — Contested elections

Poll to be taken by ballot

17

The ballot papers

18

The corresponding number list

19

The official mark

20

Prohibition of disclosure of vote

21

Use of schools and public rooms

22

Notice of poll

23

Postal ballot papers

24

Provision of polling stations

25

Appointment of presiding officers and polling clerks

26

Issue of official poll cards

27

Equipment of polling stations

28

Appointment of polling and counting agents

29

Notification of requirement of secrecy

30

Return of postal ballot papers

31