Paragraph 58 Countermand or abandonment of poll on death of candidate
If at a contested election proof is given to the GLRO’s satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the GLRO shall countermand notice of the poll or, if polling has begun, direct that the poll be abandoned, and the provisions of subsections (1) and (5) of section 39 (local elections void etc. in England and Wales) of the 1983 Act apply in respect of any vacancy which remains unfilled.
The countermand of a poll or the direction that a poll be abandoned shall have effect only in relation to the election for the return of the Mayor to which the countermand or direction relates and shall not effect the poll at a relevant election or referendum.
Where the poll at the Mayoral election is abandoned by reason of a candidate’s death—
no further ballot papers shall be delivered for the Mayoral election in any polling station, except for any which are printed on the same sheet of paper as another ballot paper that is still to be delivered;
at the close of the poll for such polls as are not abandoned, the presiding officer shall take the like steps for the delivery to the CRO of ballot boxes and of papers and other documents as he would be required to do if the poll at the Mayoral election had not been abandoned and the CRO shall deal with and dispose of the ballot papers used at the Mayoral election as he would be required to do if the poll at the Mayoral election had not been abandoned;
notwithstanding sub-paragraph (b)—
it shall not be necessary for any ballot paper account at the Mayoral election to be prepared or verified;
the CRO shall separate the ballot papers relating to the Mayoral election from those for a relevant election or referendum, except where such ballot papers are on the same sheet of paper;
the CRO shall take no step or further step for counting the ballot papers or the votes in the Mayoral election, but without prejudice to counting of ballot papers and votes at any poll in respect of which the ballot paper is on the same sheet of paper;
where the ballot papers are not printed on the same sheet of paper as that of another ballot paper, the CRO shall seal up all of the ballot papers, whether counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.
The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate’s death, with the following modifications—
ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and
no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.