The Greater London Authority Elections Rules 2007
Made: 17th December 2007
Laid before Parliament: 18th December 2007
Coming into force: 14th January 2008
The Secretary of State makes the following Rules in exercise of the powers conferred by sections 36(2), (2A) and (2B) of the Representation of the People Act 1983 .
In accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000 he has consulted the Electoral Commission.
Citation, commencement and revocation
1
- (1) These Rules may be cited as the Greater London Authority Elections Rules 2007 and will come into force on 14th January 2008
- (2) The following Rules are revoked—
- (a) the Greater London Authority Elections (No.2) Rules 2000[^f00003];
- (b) the Greater London Authority Elections (No.2) (Amendment) Rules 2000[^f00004];
- (c) the Greater London Authority Elections (Amendment) Rules 2001[^f00005]; and
- (d) the Greater London Authority Elections (Amendment) Rules 2004[^f00006].
Interpretation
2
- (1) In these Rules—
- “1983 Act” means the Representation of the People Act 1983;
- “1999 Act” means the Greater London Authority Act 1999[^f00007];
- “2000 Act” means the Political Parties, Elections and Referendums Act 2000[^f00008];
- “2006 Act” means the Electoral Administration Act 2006[^f00009];
- “appropriate form” means, in relation to a particular rule, the form relevant to that rule set out in the Forms Schedule or where more than one form is so set out, the form indicated by the relevant rule as being appropriate to the particular circumstances;
- “Assembly constituency” means a constituency area specified in an order made under section 2(4) of the 1999 Act;
- “Authority election” means an election, whether at an ordinary election or in the circumstances mentioned in sections 10, 11 or 16 of the 1999 Act (filling a vacancy in an Assembly constituency or the office of Mayor), held under— the Constituency Members Election Rules, the London Members Election Rules, or the Mayoral Election Rules;
- “Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004[^f00010];
- “Combined Manual Count Rules” means the Rules in Schedule 8;
- “constituency member” has the same meaning as in section 2 of the 1999 Act;
- “Constituency Members Election Rules” means the Rules in Schedule 1 or 5;
- “CRO” (constituency returning officer) means, in relation to an Assembly constituency and an election, the person (or person fitting the description) for the time being designated by an order under section 35(2B) of the 1983 Act;
- “elector”, except where the context provides otherwise, has the same meaning as in section 202 of the 1983 Act;
- “election booklet” has the same meaning as in article 7 of the Greater London Authority Elections (Election Addresses) Order 2003[^f00011];
- “electronic counting system” means such computer hardware, software and other equipment or services as may be provided by the GLRO to the CRO in accordance with the rules applying at the election, for the purpose of counting the number of ballot papers to verify the ballot paper accounts and to count the votes cast on them;
- “European Parliamentary election” has the same meaning as in section 27(1) of the Representation of the People Act 1985[^f00012];
- “Forms Schedule” means Schedule 10;
- “GLRO” (Greater London returning officer) means the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act[^f00013] (returning officer at the election of the Mayor and London Members);
- “local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007[^f00014];
- “London Assembly” has the same meaning as in section 2 of the 1999 Act;
- “London members” has the same meaning as in section 2 of the 1999 Act;
- “London Members Election Rules” means the Rules in Schedule 2 or 6;
- “Manual Count Rules” means the Rules in Schedule 4;
- “Mayor” means the Mayor of London.
- “mayoral by-election” means an election for the Mayor or London held in the circumstances mentioned in section 16 (filling a vacancy in the office of Mayor) of the 1999 Act;
- “mayoral election” means an election for the return of the Mayor, whether at an ordinary election or an election held in the circumstances mentioned in section 16 (filling a vacancy in the office of Mayor) of the 1999 Act;
- “Mayoral Election Rules” means the Rules in Schedule 3 or 7;
- “Notices Schedule “ means the rules in Schedule 9;
- “referendum” means a referendum conducted under the Referendum Regulations;
- “Referendum Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2007[^f00015];
- “relevant registration officer” means the registration officer within the meaning of subsection (3)(a) of section 44 of the 2006 Act, or appointed by an order made under subsection (3)(b) of that section;
- “ward” has the same meaning as in paragraph 7(1) of Schedule 2 to the Local Government Act 1972[^f00016].
- (2) References in these rules—
- (a) to the CRO include references to any person appointed by him under subsection (4) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act, and
- (b) to the GLRO include references to any person appointed by him under that subsection.
- (3) Other expressions used both in these Rules and in Part 1 (the Greater London Authority) of the 1999 Act have the same meaning in these Rules as they have in that Part.
Rules for Authority elections
3
- (1) Subject to rules 4, 5 and 7, Authority elections shall be conducted in accordance with the rules specified in paragraphs (2) to (4) of this rule.
- (2) The Constituency Members Election Rules in Schedule 1 have effect for the purposes of any election of constituency members at an ordinary election, and any election under section 10 (filing a vacancy in an Assembly constituency) of the 1999 Act.
- (3) The London Members Election Rules in Schedule 2, with the exception of Part 7, have effect for the purposes of any election of London members; and Part 7 of those rules has effect for the purposes of section 11 (filling a vacancy among the London members) of the 1999 Act.
- (4) The Mayoral Election Rules in Schedule 3 have effect for the purposes of any election of the Mayor of London at an ordinary election, and any election under section 16 (filing a vacancy in the office of Mayor) of the 1999 Act.
Modification to the Rules where votes are counted manually
4
Where some or all of the votes cast at a Authority election to which rule 3 applies, are to be counted without the use of an electronic counting system, the Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules have effect, with respect to those votes counted manually, subject to the modifications set out in the Manual Count Rules in Schedule 4.
Rules for Authority elections combined with a relevant election or referendum
5
- (1) This rule applies to an Authority election that is taken together with the poll at—
- (a) a parliamentary election, European Parliamentary election or local government election (other than an Authority election), under section 15(1) or (2) of the Representation of the People Act 1985[^f00017]; or
- (b) a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000[^f00018].
- (2) For the purposes of an election to which this rule applies—
- (a) rules 3 and 4 will not apply; and
- (b) subject to rules 6 and 7, the election must be conducted in accordance with the rules specified in paragraphs (3) to (5) of this rule.
- (3) The Constituency Members Election Rules in Schedule 5 have effect for the purposes of any election of constituency members of the London Assembly at an ordinary election, and any election under section 10 (filing a vacancy in an Assembly constituency) of the 1999 Act.
- (4) The London Members Election Rules in Schedule 6, with the exception of Part 7, have effect for the purposes of any election of London members; and Part 7 of those rules has effect for the purposes of section 11 (filling a vacancy among the London members) of the 1999 Act.
- (5) The Mayoral Election Rules in Schedule 7 have effect for the purposes of any election of the Mayor of London at an ordinary election, and any election under section 16 (filing a vacancy in the Office of Mayor) of the 1999 Act.
Modifications to the combined Rules where votes are counted manually
6
Where some or all of the votes cast at an Authority election to which rule 5 applies, are to be counted without the use of an electronic counting system, then Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules have effect, with respect to those votes counted manually, subject to the modifications in the Combined Manual Count Rules.
Modifications to the election timetable at by-elections
7
- (1) For the purposes of a constituency member or mayoral by-election, for the timetable in rule 3 of—
- (a) the Constituency Members Election Rules in Schedule 1 or 5;
- (b) the Mayoral Election Rules in Schedule 3 or 7,
substitute—
| Proceedings | 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 noon on the nineteenth day before the day of election. |
| Publication of statement as to persons nominated | Not later than noon on the seventeenth day before the day of election. |
| Delivery of notices of withdrawals of candidature | Not later than noon on the sixteenth 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. |
Notices
8
Schedule 9 (requirements for notices for guidance of voters) has effect.
Forms
9
Schedule 10 (forms) has effect.
Returning officers' duties
10
- (1) At an ordinary election, it is the duty of the CROs and the GLRO to co-operate with each other in the discharge of their functions.
- (2) Where a poll is to be taken—
- (a) for the return of the London members; or
- (b) for the return of the Mayor,
it is the duty of CROs to perform any of the functions they are required to perform by the rules applying to those elections, including verifying the ballot papers at the poll (or each poll if both are to be taken) and counting the votes cast in that poll (or each poll, if both are to be taken).
GLRO's power of direction
11
- (1) The GLRO may give to any CRO a direction—
- (a) as to the manner in which he must discharge any of his functions set out in these Rules; or
- (b) requiring him to provide the GLRO with any information which the CRO has or is entitled to have in accordance with these rules,
relating to election.
- (2) It is the duty of each CRO to whom a direction is given under paragraph (1) to discharge his functions in accordance with that direction.
- (3) Without prejudice to the generality of the preceding provisions of this rule, a GLRO may exercise the power conferred by paragraph (1) to give the directions set out in paragraph (4) subject to the requirements in paragraphs (5) and (6).
- (4) The GLRO may direct the CRO to—
- (a) include alternative information in the appropriate form of postal voting statement, in place of the paragraphs beneath the heading “Instructions to the voter”;
- (b) issue additional information to those entitled to vote by post; or
- (c) exercise his discretion to include additional information in poll cards.
- (5) Where the GLRO has decided to direct the CRO in accordance with paragraph (4), he must—
- (a) supply the alternative or additional information which the CRO is to issue to voters either electronically or in a printed form; and
- (b) direct the CRO in writing as to how the information is to be used,
by no later than the date of the notice of election.
- (6) Where the CRO does not discharge the functions specified in regulation 5 (functions at combined polls) of the Combination of Polls Regulations, the GLRO may give a direction under paragraph (4) to the returning officer who does discharge those functions.
- (7) The alternative or additional information supplied under (5)(b) must—
- (a) comply with paragraph 4 of the Notices Schedule (as though that information were to be included in a notice);
- (b) and must relate to—
- (i) the system of voting at the Authority election;
- (ii) how many votes a voter has at each Authority election;
- (iii) the marks to be used, and the manner in which they should be used, in order to ensure that a vote is counted for any candidate.
- (8) For the purposes of this rule—
- (a) “postal voting statement”; and
- (b) “poll card”,
mean the documents issued under the relevant rules in the Schedule pertaining to the election, and set out in the Forms Schedule.
SCHEDULE 1 — THE CONSTITUENCY MEMBERS ELECTION RULES
PART 1 — General Provisions
Citation
1
This Schedule may be cited as the Constituency Members Election Rules.
Interpretation
2
In the rules in this Schedule—
- (a) unless the context indicates otherwise, “election” means an election of a constituency member;
- (b) reference to a rule by number alone is a reference to the rule so numbered in this Schedule.
PART 2 — Provisions As To Time
Timetable
3
The proceedings at the election must be conducted in accordance with the following timetable:
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
- (c) a day appointed for public thanksgiving or mourning,
must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor may the CRO 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 in England and Wales.
PART 3 — Stages Common To Contested And Uncontested Elections
Notice of election
5
- (1) The CRO 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 state the arrangements (if any) which apply for the payment of the deposit required by rule 8 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 for local government electors 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, which must be—
- (a) in the appropriate form, and
- (b) delivered to the place fixed for the purpose by the CRO, which must be at the offices of a local authority within the Assembly constituency, before the last time for the delivery of nomination papers.
- (2) The nomination paper must state the candidate's—
- (a) full names, and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) if desired, description,
and the surname must be placed first in the list of names.
- (3) 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 (2)(a),
the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).
- (4) The description (if any) can only be—
- (a) one authorised as mentioned in paragraph (5) or (7), or
- (b) the word “Independent”.
- (5) A nomination paper may not include a description of a candidate that is likely to lead electors to associate the candidate with a registered party unless—
- (a) the party is a qualifying party in relation to the electoral area, and
- (b) the description is authorised by a certificate—
- (i) issued by or on behalf of the registered nominating officer of the party, and
- (ii) received by the CRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.
- (6) In paragraph (5) an authorised description may be either—
- (a) the name of the party registered under section 28 of the 2000 Act , or
- (b) a description of the party registered under section 28A of that Act.
- (7) 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 CRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.
- (8) For the purposes of paragraph (7), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act .
- (9) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) or (7) on behalf of a registered party's nominating officer.
- (9A) The nomination paper must be accompanied by a form (in this Schedule 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 that they are qualified by more than one of the qualifications mentioned in paragraph (9D), qualifying addresses;
- (b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (9D) that address relates to;
- (c) the attesting person’s—
- (i) full names, and
- (ii) home address in full.
- (9B) 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) where the candidate’s home address is in the United Kingdom, state the name of the relevant area;
- (ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.
- (9C) The provisions in paragraph (1)(b) about the delivery of the nomination paper also apply to the home address form.
- (9D) 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 by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;
- (b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;
- (c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;
- (d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.
- (9E) 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 7(1)(b);
- “relevant area” means—in relation to a home address in England—if the address is within a district for which there is a district council, that district;if the address is within a county for which there are no districts with councils, that county;if the address is within a London borough, that London borough;if the address is within the City of London (including the Inner and Middle Temples), the City of London;if the address is within the Isles of Scilly, the Isles of Scilly;in relation to a home address in Wales—if the address is within a county, that county;if the address is within a county borough, that county borough;in relation to a home address in Scotland, the local government area in which the address is situated;in relation to a home address in Northern Ireland, the local government district in which it is situated.
- (10) For the purposes of the application of these rules in relation to an election—
- (a) “registered party” means a party which was registered under Part 2 of the 2000 Act 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 party is a qualifying party in relation to an electoral area if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.
- (11) For the purposes of paragraph (10)(a), any day falling within rule 4(1) must be disregarded.
Consent to nomination
7
- (1) A person will not be validly nominated unless his consent to nomination—
- (a) is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers;
- (b) is attested by one witness ...; and
- (c) is delivered at the place and within the time for delivery of nomination papers.
- (2) A candidate's consent given under this rule must—
- (a) state the day, month and year of his birth; and
- (b) contain a statement that to the best of the candidate's knowledge and belief he is not disqualified from being elected by reason of—
- (i) any disqualification set out in section 21 or 21A (disqualification from being the Mayor or an Assembly member) of the 1999 Act, ...
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iii) an order made under section 34(4) of the Localism Act 2011 (offences) or section 30 of the Elections Act 2022 (disqualification orders).
Deposits
8
- (1) A person will not be validly nominated unless the sum of £1,000 is deposited by him, or on his behalf, with the CRO 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 CRO's consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,
but the CRO 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 CRO, 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
9
- (1) Where a nomination paper and the candidate's consent to it and a home address form are delivered, and the deposit is made, in accordance with this Part of these Rules, the candidate must be deemed to stand nominated unless and until—
- (a) the CRO decides that the nomination paper is invalid, or
- (aa) the CRO decides that the home address form—
- (i) does not comply with the requirements of rule 6(9A), or
- (ii) if the form contains a statement under rule 6(9B)(a), does not comply with the signature requirement in that rule or with the requirements of rule 6(9B)(b), or
- (b) proof is given to the CRO's satisfaction of the candidate's death, or
- (c) the candidate withdraws.
- (2) The CRO is entitled to hold a nomination paper invalid only on the grounds—
- (a) that the particulars of the candidate on the nomination paper are not as required by law; ...
- (b) that the paper breaks rule 6(5) or (7), or
- (c) 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 CRO must, as soon as practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.
- (4) If in the CRO's opinion a nomination paper breaks rule 6(5) or (7), 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 end of the period for the delivery of nomination papers set out in the timetable in rule 3.
- (5) Where the CRO 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 CRO must, as soon as practicable after making a decision under paragraph (3) or (4) that a nomination paper is valid or invalid, send notice of that decision to the candidate at his home address as given in his home address form.
- (7) The CRO's decision that a nomination paper is valid is final and must 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
10
- (1) The CRO must prepare and (subject to paragraph (11)) publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated together with the reason why they no longer stand nominated.
- (2) The statement must show the names ... and descriptions of the persons nominated as given in their nomination papers.
- (2A) The statement must also show the following information contained in the home address form—
- (a) where a person nominated has made the statement mentioned in rule 6(9B)(a) requiring their home address not to be made public, the information mentioned in rule 6(9B)(b),
- (b) in any other case, the home address of the person nominated.
- (3) If a person's nomination paper gives a commonly used surname or forename, or both surname and forename, in accordance with rule 6(3), the statement must show the person's commonly used surname or forename, or both surname and forename (as the case may be) instead of the other surname or forename.
- (4) Paragraph (3) does not apply if the CRO 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 CRO 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) 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) each of the persons in question has made the statement mentioned in rule 6(9B)(a), and
- (c) the information mentioned in rule 6(9B)(b) is the same for each of them,
the CRO may cause any of their particulars to be shown on the statement with such amendments or additions as the CRO thinks appropriate in order to reduce the likelihood of confusion.
- (6B) Where it is practicable to do so before the publication of the statement, the CRO must consult any person whose particulars are to be amended or added to under paragraph (6A).
- (6C) The CRO must give notice in writing to any person whose particulars are amended or added to under paragraph (6A).
- (6D) Anything done by the CRO in pursuance of paragraph (6A) must not be questioned in any proceedings other than proceedings on an election petition.
- (6E) The CRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (6A).
- (7) In the case of a person nominated by more than one nomination paper, the CRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the CRO in default of the candidate) may select.
- (8) Paragraphs (9) to (11) apply at an ordinary election.
- (9) As soon as possible after all decisions under rule 9 which are required to be made have been made, the CRO must arrange for a copy of the statement that the CRO has prepared and proposes to publish to be delivered to the GLRO.
- (10) If, after having delivered the statement mentioned in paragraph (9) to the GLRO, the CRO receives notification from the GLRO under rule 13(4) that a candidate is deemed to have withdrawn his or her candidature, the CRO must amend that statement accordingly.
- (11) The CRO may not publish the statement under paragraph (1) until—
- (a) the CRO has made any amendments required under paragraph (10), or
- (b) where no notification under rule 13(4) is received from the GLRO, the time by which the GLRO must give such a notification has passed.
Correction of minor errors
11
- (1) A CRO may, if he thinks fit, at any time before the publication under rule 10 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,
- (c) errors as to the information mentioned in rule 6(9B)(b).
- (3) Anything done by a CRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.
- (4) A CRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
Inspection of nomination papers and consent to nomination
12
- (1) During ordinary office hours, in the period starting 24 hours after the latest time for the 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.
- (2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).
Nomination in more than one Assembly constituency
13
- (1) This rule applies at an ordinary election.
- (2) A candidate who is validly nominated in more than one Assembly constituency must withdraw his or her candidature, in accordance with rule 14, in all but one of those constituencies.
- (3) Where a candidate does not withdraw his or her candidature as mentioned in paragraph (2), he or she is deemed, after the last time for delivery of notices of withdrawals, to have withdrawn his or her candidature from all the Assembly constituencies in which he or she is, but for this rule, validly nominated.
- (4) Where, having reviewed the proposed statements of persons nominated delivered under rule 10(9), it appears to the GLRO that a candidate (“C”) appears (but for this rule) to have been validly nominated in more than one Assembly constituency (“a relevant constituency”), the GLRO must at least one hour before the last time for publication of the statement as to persons nominated as set out in the timetable in rule 3, notify the CRO for each relevant constituency that C’s candidature is deemed to have been withdrawn in that constituency.
- (5) A CRO must, as soon as practicable after receiving the notification mentioned in paragraph (4), notify C that C’s candidature is deemed to have been withdrawn in that constituency.
Withdrawal of candidates
14
- (1) A candidate may withdraw his candidature by notice of withdrawal—
- (a) signed by him and attested by one witness, whose name and address must be given, and
- (b) delivered to the CRO at the place for delivery of nomination papers,
by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.
- (2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom will 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 will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.
Method of election
15
- (1) If, after any withdrawals in accordance with these Rules, the number of persons remaining validly nominated for the Assembly constituency exceeds one, a poll must be taken in accordance with Part 4 of these Rules.
- (2) If, after any withdrawals in accordance with these Rules, only one person remains validly nominated for the Assembly constituency, that person must be declared to be elected in accordance with Part 5.
PART 4 — Contested Elections
Poll to be taken by ballot
16
The votes at the poll must be given by ballot, the result must be ascertained by counting the votes given to each candidate, and the candidate to whom more votes have been given than to the other candidates must be declared to have been elected.
The ballot papers
17
- (1) The ballot of every voter must consist of a ballot paper that must be in the appropriate form.
- (2) Each person remaining validly nominated for the election, after any withdrawals, and no other, is entitled to have their name inserted in the ballot paper.
- (3) Every ballot paper—
- (a) must , so far as practicable for the purposes of electronic counting, be printed in accordance with the directions set out in the Forms Schedule,
- (b) must contain the names and other particulars of the candidates as shown in the statement of persons nominated,
- (c) must have a number and other unique identifying mark printed on the back, and
- (d) may, in the case of ballot papers for use at polling stations, be marked with the words “do not fold”.
- (4) If a candidate who is the subject of a party's authorisation under rule 6(5) 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 6(7) 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 paragraph (4A) must—
- (a) be made in writing to the CRO, and
- (b) be received by him within the period for 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.
- (7) At an ordinary election, the GLRO must supply the ballot papers for use at the election to the CRO by such date as may be agreed between them.
- (8) The ballot papers supplied under paragraph (7) must be of a different colour from those used at any other Authority election with which the election is taken.
The corresponding number list
18
- (1) The CRO 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 23(1) or provided by him in pursuance of rule 28(1).
- (2) The list must be in the appropriate form or a form to like effect.
- (3) At an ordinary election, the same list may be used for each Authority election.
The official mark
19
- (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 must intervene between the use of the same official mark at any Authority election.
- (3) The CRO, or at an ordinary election the GLRO, may use a different official mark for different purposes at the same election.
Prohibition of disclosure of vote
20
No person who has voted at the election may, in any legal proceeding to question the election, be required to state for whom he has voted.
Use of schools and public rooms
21
- (1) The CRO 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 CRO must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.
Notice of poll
22
- (1) The CRO must, in accordance with the timetable in rule 3, publish notice of the poll stating—
- (a) the day and hours fixed for the poll, and
- (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).
- (2) The CRO 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.
- (3) At an ordinary election, the notice of poll must include the heading “GREATER LONDON AUTHORITY ELECTION”.
Postal ballot papers
23
- (1) The CRO must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement, together with such envelopes for their return as may be prescribed in such regulations.
- (2) The postal voting statement must be in the appropriate form or a form to like effect.
- (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) The CRO 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,
- (c) graphical representations of such directions or guidance,
- (d) the directions or guidance in any other form (including any audible form).
- (5) In the case of a ballot paper issued to a person at an address in the United Kingdom, the CRO must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.
- (6) Where the proceedings on the issue and receipt of postal ballot papers at the election are taken together with any other Authority election the appropriate form of postal voting statement under paragraph (2) may be the joint postal voting statement which must be in the appropriate form or form to like effect.
Provision of polling stations
24
- (1) The CRO 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 Assembly constituency must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the Assembly constituency.
- (4) The CRO 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) The CRO must ensure that each polling station contains an area in which voters can produce proof of identity in private.
Appointment of presiding officers and clerks
25
- (1) The CRO must appoint and pay a presiding officer to attend at each polling station and such clerks and technical assistants 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 CRO may, if he thinks fit, preside at a polling station and the provisions of this Part relating to a presiding officer apply to a CRO so presiding with the necessary modifications as to things to be done by the CRO to the presiding officer or by the presiding officer to the CRO.
- (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 this Part to do at a polling station except—
- (a) order the arrest, exclusion or removal of any person from the polling station,
- (b) refuse to deliver a ballot paper under rule 36(3) or rule 38(1E) (including that rule as applied by rule 39, 40 or 41), or
- (c) resolve doubts over identity as mentioned in rule 38(1F) (including that paragraph as applied by rule 39, 40 or 41).
Issue of official poll cards
26
- (1) The CRO must as soon as practicable after the publication of the notice of 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 or a form to like effect, and must set out–
- (a) the name of the Assembly constituency for which a constituency member is to be elected,
- (b) the elector's name, qualifying address and number on the register,
- (c) the date and hours of the poll and the situation of the elector's polling station, and
- (d) such other information as the CRO thinks appropriate,
and different information may be provided in pursuance of sub-paragraph (d) 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)(b), the polling card must contain such matter as is specified in the appropriate form.
- (5) At an ordinary election, the CRO must issue a combined poll card in the appropriate form.
- (6) In this rule “elector” means—
- (a) an elector with an entry on the register to be used at the election on the last day for the publication of the 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.
Information for voters
27
- (1) At an ordinary election, the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.
- (2) The information for voters given in the election booklet may include information about—
- (a) the office of the Mayor and the London Assembly,
- (b) the system of voting at each Authority election,
- (c) how to vote in a manner that will ensure a vote is regarded as validly cast, and
subject to paragraph (3), may include any other information given in exercise of the GLRO's duty under section 69 (encouraging electoral participation) of the 2006 Act.
- (3) The information for voters must not contain—
- (a) any advertising material,
- (b) any material referring to a candidate or a registered party, other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election,
- (c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.
- (4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.
Equipment of polling stations
28
- (1) The CRO must provide each presiding officer with—
- (a) such ballot papers as may be necessary, and
- (b) such ballot boxes as may be necessary having taken account of any direction made by the GLRO in accordance with paragraph (9).
- (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 CRO 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 Assembly constituency or such part of it as contains the entries relating to 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 Assembly constituency or the part of it provided under sub-paragraph (b),
- (d) a list consisting of that part of the list prepared under rule 18 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 in respect of alterations to the register.
- (4A) The CRO must also provide each polling station with a ballot paper refusal list, in the appropriate form or a form to like effect, on which entries are to be made as mentioned in rule 42A (refusal to deliver ballot paper).
- (5) The CRO must also provide each polling station with 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 38 (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—
- (a) blindness or partial sight, or
- (b) 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) of this rule as it applies for the purposes of that rule, but as if—
- (a) the reference in that paragraph to the returning officer were a reference to the CRO, and
- (b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5) of this rule.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The enlarged sample copies of the ballot paper that the CRO provides to, or causes to be displayed at, every polling station (in accordance with section 199B(5) and (7) of the 1983 Act) must be printed on paper of the same colour as the ballot paper at the election.
- (8) The CRO must also provide each polling station with notices for the guidance of voters, which must be exhibited—
- (a) outside the polling station,
- (b) inside the polling station—
- (i) in the communal areas, and
- (ii) in every voting compartment.
- (8A) A large notice must be displayed inside each polling station containing—
- (a) details of the documents the voter needs to produce when applying for a ballot paper, namely—
- (i) 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 the parliamentary election rules;
- (ii) 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; and
- (b) 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.
- (9) If the GLRO thinks fit he may, not later than the date of the notice of election, direct the CRO that joint ballot boxes must be used for the ballot papers at the election and any or all Authority elections with which the election is taken.
Notices for the guidance of voters
29
- (1) The CRO must prepare the notices to be exhibited under rule 28(8).
- (2) The CRO may prepare versions of the notices in such other form as he thinks appropriate, in accordance with section 199B (translations etc of certain documents) of the 1983 Act.
- (3) Notices for the guidance of voters exhibited under rule 28(8) or paragraph (2) must be in the appropriate form, but may include such alternative information relating to Authority elections as—
- (a) meets with the requirements of the Notices Schedule, and
- (b) the CRO may decide.
- (4) Notices provided under paragraph (2) may, if the CRO agrees, be exhibited at any polling station—
- (a) outside the polling station,
- (b) inside the polling station—
- (i) in the communal areas,
- (ii) in every voting compartment.
- (5) At an ordinary election, the GLRO must prepare the notices and versions of notices to be exhibited under rule 28(8) and supply them to the CRO, and for paragraph (3)(b) there must substituted—
(b) the GLRO may decide.
Appointment of polling and counting agents
30
- (1) 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 votes.
- (2) The same person may be appointed as a polling agent or counting agent by more than one candidate.
- (3) For the count, one (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.
- (4) Not more than four polling agents, or such greater number as the CRO may by notice allow, may be permitted to attend at any particular polling station.
- (5) If the number of such agents appointed to attend at a particular polling station exceeds that number, the CRO must determine by lot which agents are permitted to attend, and only the agents on whom the lot falls will be deemed to have been duly appointed.
- (6) The CRO 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.
- (7) For the purposes of the calculations required by paragraph (6), a counting agent who has been appointed by more than one candidate is a separate agent for each of the candidates by whom he has been appointed.
- (8) Notice in writing of the appointment of polling and counting agents, stating the names and addresses of the persons appointed, must be given by the candidate to the CRO and must be so given not later than the fifth day (computed in accordance with rule 4) before the day of the poll.
- (9) If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and must forthwith give to the CRO notice in writing of the name and address of the agent appointed.
- (10) Any appointment authorised by this rule may be made and the notice of appointment given to the CRO by the candidate's election agent, instead of by the candidate.
- (11) In the following provisions of this Part references to polling agents and counting agents must 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.
- (12) Any notice required to be given to a counting agent by the CRO may be delivered at, or sent by post to, the address stated in the notice of appointment.
- (13) 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.
- (14) A candidate's election agent may do or assist in doing anything which a polling or counting agent of his 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.
- (15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
31
- (1) The CRO must make such arrangements as he thinks fit to ensure that—
- (a) every person attending 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 of the provisions of subsections (1), (3) and (6) of section 66 (requirement of secrecy) 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 of the provisions of subsections (2) and (6) of that section.
- (2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).
Return of postal ballot papers
32
- (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 CRO must mark the list in the manner prescribed by regulations made under the 1983 Act .
- (2) Rule 49(2) 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
33
- (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) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 49(3)(b);
- (c) the candidates and their election agents,
- (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 2000 Act,
- (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 may be admitted at the same time to a polling station on behalf of the same candidate.
- (4) A constable or person employed by the CRO 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 and signed by an officer of the police of or above the rank of inspector or by the CRO, 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 2002 Act.
Keeping of order in station
34
- (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 CRO to remove him,
and the person so removed must 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
35
Immediately before the commencement of the poll, the presiding officer must—
- (a) show each ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the boxes are empty,
- (b) lock up such of the boxes as have locks,
- (c) place his seal—
- (i) on each lock, and
- (ii) on each ballot box which has no lock,
in such a manner as to prevent its being opened without breaking the seal,
- (d) place each box in his view for the receipt of ballot papers, and
- (e) keep each box locked and sealed or, as the case may be, sealed.
Questions to be put to voters
36
- (1) At the time of the application (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 who is mentioned in the first column, and
- (b) must be put if (where applicable) the person has answered the previous question in the manner indicated, and the letter “R” appears after the question and the candidate or his 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 | (za)—“What is your name?”(zb)—“What is your address?”(a)—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 for a constituency member, otherwise than as proxy for some other person? [R] |
| 2 | A person applying as proxy | (za)—“What is your name?”(zb)—“What is your address?”(a)—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 for a constituency member, as proxy on behalf of C.D.? [R] (c)—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] (d)—If the person answers question (c) 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 (d) 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 (e) 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) | (za)—“What is your name?”(zb)—“What is your address?”(a)—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] (c)—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] (d)—If the person answers question (c) 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 (d) 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 (e) 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] |
| . . . | . . . | . . . |
| 5 | A person applying as an elector in relation to whom there is an entry in the postal voters list | (za)—“What is your name?”(zb)—“What is your address?”(a)—Did you apply to vote by post?(b)—Why have you not voted by post? |
| 6 | A person applying as proxy who is named in the proxy postal voters list | (za)—“What is your name?”(zb)—“What is your address?”(a)—Did you apply to vote by post as proxy?(b)—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) and (b) to reading from the register must be taken as references to reading from the notice issued under those subsections.
- (2A) 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
- (c) decides that the person has failed to answer the question satisfactorily,
the clerk must refer the matter to the presiding officer, who must put the question to the person again.
- (3) 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
- (c) decides that the person has failed to answer the question satisfactorily,
the officer must refuse to deliver a ballot paper to the person (and see rule 42A (procedure where ballot paper is refused under this paragraph)).
- (3A) For the purposes of the 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;
- (b) where both those questions are put, the answers match a name and address in that register that relate to the same person.
- (3B) 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 (3A) 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 may 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
37
A person must not be prevented from voting because—
- (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
38
- (1) Subject to rule 36(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,
- (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) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.
- (1B) 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.
- (1C) Paragraph (1D) 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.
- (1D) 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.
- (1E) 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.
- (1F) Paragraph (1E)(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.
- (1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.
- (1H) In this rule, a “forged document” means a false document made to resemble a specified document.
- (1I) 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 the parliamentary election 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.
- (1J) Subject to paragraph (1K), 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.
- (1K) Paragraph (1J) 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.
- (1L) 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.
- (1M) References in this rule to producing a document are to producing it for inspection.
- (2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ....
- (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 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 into the ballot box in the presiding officer's presence, but so as to conceal his vote.
- (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 has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—
- (a) immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,
- (b) place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.
- (7) At an ordinary election, the same copy of—
- (a) the list of proxies,
- (b) the list mentioned in rule 28(3)(d),
- (c) the register of electors,
- (d) any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),
may be used for each Authority election and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, register or notice so as to identify the elections in respect of which a ballot paper was issued.
- (8) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (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
39
- (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 (1A) to (1M) of rule 38 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 38(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 38(1G), the reference to paragraph (1) of rule 38 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”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.
- (3) 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 (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”.
- (4) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each Authority election, unless the list identifies the election for which the ballot paper was so marked.
Voting by persons with disabilities
40
- (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 these Rules, 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 (1A) to (1M) of rule 38 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 38(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 38(1G), the reference to paragraph (1) of rule 38 were to paragraph (1) of this rule.
- (3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person is aged 18 or over.
- (4) 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”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.
- (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, 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”.
- (6) The declaration made by the companion—
- (a) must be in the appropriate form,
- (b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and
- (c) must forthwith be given to the presiding officer who must attest and retain it.
- (7) No fee or other payment may be charged in respect of the declaration.
- (8) At an ordinary election, the same list of voters with disabilities assisted by companions may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each Authority election, unless the list identifies the election for which the vote was so given.
Tendered ballot papers: circumstances where available
41
- (1) If a person, representing himself to be—
- (a) a particular elector named in 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 must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, 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 in the register,
- (b) he is also named in the postal voters list, and
- (c) he claims that he did not make an application to vote by post at the election.
- (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
- (c) he claims that he did not make an application to vote by post as proxy.
- (4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, 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 in 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 must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 42, 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 (1A) to (1M) of rule 38 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 38(1), but as if, in rule 38(1G) the reference to making a further application under paragraph (1) of rule 38 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
42
- (1) A tendered ballot paper must—
- (a) be of a colour differing from 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 on the register of electors, and set aside in a separate packet.
- (2) The name of the voter and his number on 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 must be the number of that elector.
- (4) In the case of an elector who has an anonymous entry, this rule and rule 41 apply subject to the following modifications—
- (a) in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,
- (b) otherwise, a reference to a person named on a register or list must 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 41 apply as if—
- (a) in rule 41(1)(a), (2)(a) and (5)(a), for “named in 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”.
- (6) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that tendered ballot papers were marked in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
Spoilt and replacement ballot papers
43
- (1) 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 a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
- (2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 38(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.
- (3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 39(1) (the corresponding number list)—
- (a) in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—
- (i) the number of the elector, and
- (ii) the number of the ballot paper which is being replaced; and
- (b) in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.
- (4) At an ordinary election, the voter must only receive a replacement for a spoilt or returned ballot paper.
- (5) If the same corresponding number list is used for more than one Authority election in accordance with rule 38(7)—
- (a) the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and
- (b) any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 38(1), or obtained under paragraph (1) or (2) of this rule—
- (i) must not be delivered to the voter,
- (ii) must be cancelled, and
- (iii) for the purposes of these rules, must be treated as a spoilt ballot paper.
Correction of errors on day of poll
44
- (1) 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.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.