# English Devolution and Community Empowerment Act 2026, Paragraph 2: Elections for the Mayor of London

Extent: E+W
Status: prospective

(1) In section 4 (voting at ordinary elections)—
(a) in subsection (1)(a), after “vote” insert “(referred to in this Part as a mayoral vote)”;
(b) in subsection (2), after “system,” insert “, unless there are three or more candidates”;
(c) after subsection (2) insert—
“(3) If there are three or more candidates to be the Mayor—
(a) the Mayor is to be returned under the supplementary vote system in accordance with Part 1 of Schedule 2 to this Act, and
(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.”
(2) In section 16 (filling a vacancy)—
(a) in subsection (3), after “one” insert “mayoral”;
(b) for subsection (4) substitute—
“(4) Section 4(2) and (3) of Part 1 of Schedule 2 to this Act apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.”
(3) In section 29 (interpretation of Part 1), in the appropriate place insert—
““mayoral vote” has the meaning given by section 4(1)(a) (as read with subsection (3) of that section);”.
(4) In Schedule 2 (voting at elections), before Part 2 insert—
“Part 1
Election of the Mayor
Application
1 This Part of this Schedule applies where there are three or more candidates to be the Mayor.
First preference vote and second preference vote
2 In this Schedule—
“first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the Mayor;
“second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the Mayor.
Candidate with overall majority of first preference votes
3 If one of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies that candidate is to be returned as the Mayor.
No candidate with overall majority of first preference votes
4 (1) If none of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies, the following provisions of this paragraph apply.
(2) The two candidates who received the greatest number of first preference votes given in the Assembly constituencies remain in the contest.
(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.
(4) The other candidates are eliminated from the contest.
(5) The number of second preference votes given in the Assembly constituencies for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.
(6) That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.
(7) The person who is to be returned as the Mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.
(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the Greater London returning officer is to decide by lots which of them is to be returned as the Mayor.”
(5) In section 165 of the Representation of the People Act 1983 (avoidance of election for employing corrupt agent), after subsection (3) insert—
“(4) In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away is to be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter’s first or second preference from among the candidates.”

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Source: https://www.legislation.gov.uk/ukpga/2026/23/schedule/30/paragraph/2 (the official version)
Page: https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026/schedule-30/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

