{
  "url": "https://openlegislation.uk/draft-combined-authorities-mayoral-elections-amendment-order-2026/article-3",
  "json_url": "https://openlegislation.uk/draft-combined-authorities-mayoral-elections-amendment-order-2026/article-3.json",
  "legislation": "ukdsi/2026/9780348283532",
  "legislation_title": "The Combined Authorities (Mayoral Elections) (Amendment) Order 2026",
  "legislation_url": "https://openlegislation.uk/draft-combined-authorities-mayoral-elections-amendment-order-2026",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Amendment of Schedule 1",
  "text": "(1) Schedule 1 (the mayoral elections rules) is amended as follows.\n(2) In rule 16 (method of election)—\n(a) in paragraph (a)—\n(i) for “two” substitute “three”;\n(ii) for “Part 4” substitute “Parts 4 and 5”;\n(b) after paragraph (a) insert—\n“(b) only two candidates remain validly nominated, a poll shall be taken in accordance with Part 4,”.\n(3) In rule 28 (equipment of polling stations)—\n(a) in paragraph (6)—\n(i) for sub-paragraph (b) substitute—\n“(b) where the election is a combined authority mayoral election, the following notice which must be exhibited in every compartment of every polling station—\n*[Specify name of combined authority] COMBINED AUTHORITY MAYORAL ELECTION\n*[Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.]\n*[Vote by putting a cross [X] in the box—\nIn column A next to your FIRST CHOICE candidate\nIn column B next to your SECOND CHOICE candidate\nYour first and second choices should be different.]\nPUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.\n*Complete or omit as necessary.”;\n(ii) for sub-paragraph (ba) substitute—\n“(ba) where the election is a combined county authority mayoral election, the following notice which must be exhibited in every compartment of every polling station—\n*[Specify name of combined county authority] COMBINED COUNTY AUTHORITY MAYORAL ELECTION\n*[Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.]\n*[Vote by putting a cross [X] in the box—\nIn column A next to your FIRST CHOICE candidate\nIn column B next to your SECOND CHOICE candidate\nYour first and second choices should be different.]\nPUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.\n*Complete or omit as necessary.”;\n(b) after paragraph (7) insert—\n“(8) Where the Electoral Commission publishes information about the supplementary vote system to be used at CA/CCA mayoral elections, the CA/CCA returning officer may provide each returning officer with a copy of that information for exhibition at a polling station.”.\n(4) In rule 49(1) (attendance at the count) after sub-paragraph (a) insert “and\n“(b) at which the returning officer will begin any count of the second preference votes.”.\n(5) In rule 50 (the count)—\n(a) in the heading, before “count” insert “first”;\n(b) for paragraph (3) substitute—\n“(3) The returning officer must then—\n(a) where the election is contested by three or more candidates, count the first preference votes given on them,\n(b) where the election is contested by only two candidates, count the votes given on them.”.\n(6) In rule 51 (rejected ballot papers)—\n(a) in paragraph (1)—\n(i) in sub-paragraph (b) after “more than one” insert “first preference”;\n(ii) in sub-paragraph (d) after “uncertainty” insert “as to the first preference vote”;\n(b) in paragraph (2)—\n(i) before sub-paragraph (ii) insert—\n“(i) at an election at which three or more candidates remain validly nominated, an intention that a vote shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears, or”;\n(ii) in sub-paragraph (ii) at the beginning insert “at any other election”;\n(iii) in the words after sub-paragraph (ii) before “the way” insert “(in either case)”;\n(c) after paragraph (2) insert—\n“(3) A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) is valid with respect to that vote, and must be counted accordingly.”.\n(d) in paragraph (5)—\n(i) in sub-paragraph (b) after “candidate” insert “as to the first preference vote”;\n(ii) in sub-paragraph (d) after “uncertainty” insert “as to the first preference vote”;\n(e) after paragraph (6) insert—\n“(7) In the case of an election where only two candidates remain validly nominated, this rule is to apply as if—\n(a) in paragraph (1)(b), for “first preference vote” there were substituted “vote”,\n(b) in paragraphs (1)(d) and (5)(b) and (d), the words “as to the first preference vote” were omitted,\n(c) paragraph (3) were omitted.”.\n(7) In rule 53 (re-count)—\n(a) in paragraph (1) after “any re-count of the votes” insert “or, as the case may be, the first preference votes,”;\n(b) in paragraph (2) after “any re-count of votes” insert “or, as the case may be, the first preference votes,”.\n(8) In rule 54 (procedure at conclusion of count)—\n(a) in the heading before “count” insert “first”;\n(b) for paragraph (1) substitute—\n“(1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer must draw up a provisional statement showing—\n(a) the total number of ballot papers used,\n(b) the total number of rejected ballot papers,\n(c) at an election contested by three or more candidates—\n(i) the number of first preference votes given for each candidate, and\n(ii) the total number of first preference votes given, and\n(d) at an election contested by only two candidates, the number of votes given for each candidate.”.\n(9) After Part 4 insert—\n“Part 5\nFurther provision: three or more candidates\nThe count of second preference votes\n55 (1) If directed by the CA/CCA returning officer in accordance with rule 58, the returning officer must, at the time and place notified to the counting agents, count the number of second preference votes for each of the candidates remaining in the contest given by voters who did not give their first preference vote to any of those candidates.\n(2) A ballot paper which is not otherwise void and on which not more than one second preference vote is marked is valid with respect to that vote and must be counted accordingly if, but only if, a valid first preference vote has also been marked.\n(3) Rules 49(2) to (5), 50(4) to (7), 51 (except paragraph (3)) and 53 (except the words “the votes, or as the case may be,” in both paragraphs where they appear) apply in relation to the count of second preference votes as they apply in relation to the count of first preference votes as if references to first preference votes were references to second preference votes.\n(4) The returning officer is not required to re-examine any decision taken under rule 52.\nThe calculation of total votes\n56 (1) The returning officer must add the number of second preference votes given for a candidate to the number of first preference votes given for that candidate, to give that candidate’s total number of votes.\n(2) The returning officer must then draw up a provisional statement showing—\n(a) the total number of first preference votes given for each candidate,\n(b) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes,\n(c) the total number of votes given for each of those candidates, and\n(d) the number of ballot papers that were—\n(i) valid with respect to a first preference vote given for a candidate who did not remain in the contest after the count of the first preference votes, and\n(ii) rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.\n(3) As soon as practicable after completion of the statement, the returning officer must—\n(a) provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the statement, and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation,\n(b) inform the CA/CCA returning officer of its contents.”.\n(10) In rule 57(1) (CA/CCA returning officer’s re-count) for “or 54(1)” substitute “, 54(1) or 56(2),”.\n(11) After rule 57 insert—\n“CA/CCA returning officer’s direction to count second preference votes\n58 (1) This rule applies if there are more than two candidates to be the mayor of a combined authority or a combined county authority.\n(2) If none of the candidates receive more than half of all first preference votes given in the election, the CA/CCA returning officer must direct each returning officer to count the number of second preference votes for each of the candidates remaining in the contest.”.\n(12) In rule 59 (returning officer’s final statement, central calculation and declaration of result)—\n(a) in paragraph (1) for “and 54(1)” substitute “, 54(1) and, where applicable, 56(2)”;\n(b) for paragraph (7) substitute—\n“(7) As soon as the CA/CCA returning officer has received the information required by paragraph (3) from every returning officer, the CA/CCA returning officer must—\n(a) in relation to an election contested by three or more candidates, ascertain the total of the first preference votes given to each candidate and, where relevant, the total of the second preference votes given to each candidate;\n(b) in relation to an election contested by only two candidates, ascertain the total number of votes given to each candidate.”;\n(c) for paragraph (10) substitute—\n“(10) In paragraphs (8) and (9), “the relevant figures” means—\n(a) in the case of an election contested by three or more candidates—\n(i) the number of first preference votes given for each candidate;\n(ii) the calculation undertaken by the CA/CCA returning officer for the purpose of ascertaining whether a candidate is to be returned in accordance with—\n(aa) in the case of a combined authority, paragraph 5(3) of Schedule 5B to the 2009 Act (candidate with overall majority of first preference votes);\n(bb) in the case of a combined county authority, paragraph 4A(3) of Schedule 2 to the 2023 Act (candidate with overall majority of first preference votes);\n(iii) where relevant—\n(aa) the number of second preference votes given for each of the candidates remaining in the contest, and\n(bb) the calculation undertaken by the CA/CCA returning officer for the purpose of ascertaining the total number of first and second preference votes given to each of those candidates;\n(b) in the case of an election contested by only two candidates, the total number of votes given for each candidate.”;\n(d) in paragraph (11)—\n(i) in sub-paragraph (a) after “contested” insert “by only two candidates”;\n(ii) in paragraph (11)(b) for “each candidate” substitute “each of them”;\n(e) for paragraph (12) substitute—\n“(12) Where—\n(a) an election is contested by only two candidates, and\n(b) after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be returned as mayor,\nthe CA/CCA returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.”;\n(f) after paragraph (12) insert—\n“(13) Where an election is contested by three or more candidates, the CA/CCA returning officer must—\n(a) if one of candidates receives more than half of all the first preference votes given in the election, declare that candidate as the person to be returned as mayor, or\n(b) if none of the candidates receive more than half of all the first preference votes given in the election, declare the candidate with the most total preference votes as the person to be returned as mayor.\n(14) If, after the counting of second preference votes (including any re-count) is completed, an equality of votes is found to exist between any two or more candidates remaining in the contest and the addition of a vote would entitle any of those candidates to be returned as mayor, the CA/CCA returning officer must forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.”;\n(g) in paragraph (15)—\n(i) in sub-paragraph (b)—\n(aa) after “number of” insert “first preference”;\n(bb) omit “and”;\n(ii) after sub-paragraph (c) insert\n“and\n(d) if second preference votes were counted—\n(i) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes, and\n(ii) the number of ballot papers rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.”.\n(13) In rule 60 (return or forfeiture of candidate’s deposit)—\n(a) in paragraph (4) before “count” insert “first”;\n(b) in paragraph (5)—\n(i) before “count” insert “first”;\n(ii) before “votes” insert “first preference”.\n(14) In Part 9 (appendix of forms)—\n(a) in the list of forms—\n(i) in the entry for Form 3 after “ballot paper” insert “(two candidates)”;\n(ii) after the entry for Form 3 insert—\n“Form 4: Ballot paper (three or more candidates) including directions as to printing”.\n(b) for Form 3 substitute Form 3 set out in Part 1 of Schedule 1 to this Order;\n(c) after Form 3 insert Form 4 set out in Part 2 of Schedule 1 to this Order;\n(d) for Form 7 substitute Form 7 set out in Part 3 of Schedule 1 to this Order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348283532/article/3",
    "retrieved_at": "2026-10-30T14:37:22.143186+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}