Paragraph 43 The local count
Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—
in the presence of the counting agents appointed for the purposes of the London Members election and each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in the London Members election and each relevant election or referendum;
in the presence of the election agents appointed for the purposes of the London Members election and each relevant election or referendum verify each ballot paper account;
count such of the postal ballot papers as have been duly returned and record separately the number counted at the London Members election and each relevant election or referendum;
separate the ballot papers relating to the London Members election and each relevant election or referendum;
make up into packets the ballot papers for each other election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;
deliver or cause to be delivered to the returning officer for the other election or referendum to which the ballot papers relate—
those containers, together with a list of them and of the contents of each; and
the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that other election or referendum; and
at the same time deliver to that officer packets that so relate containing—
the unused and spoilt ballot papers,
the tendered ballot papers, and
the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.
Where separate ballot boxes are used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at a relevant election or referendum.
After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the London Members election and count the votes given on them.
Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—
on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given by him in writing to the counting agents as that after which he will begin to count the votes and the place at which the count will take place if by then he has received the ballot papers, open each container;
where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People Regulations 2001f1, or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000f2, count such of the postal ballot papers as have been duly returned and record the number counted; and
mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,
and paragraph (11) shall not apply to these proceedings.
The CRO shall not count the votes given on any ballot papers until—
in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and
in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
Where separate ballot boxes are used for votes cast under these Rules, and those cast at any relevant election or referendum, the ballot boxes from each polling station shall be opened together and the ballot papers (but not necessarily the votes on them) counted and verified together.
A postal ballot paper shall not be taken to be duly returned unless—
it is returned in the manner set out in paragraph (8) and reaches the CRO or any polling station in the appropriate area before the close of the poll; and
the declaration of identity, duly signed and authenticated, is also returned in the manner set out in paragraph (8), and reaches him or such a polling station before that time.
The manner in which any postal ballot paper or declaration of identity may be returned—
to the CRO is by hand, or post;
to a polling station, is by hand.
The CRO shall not count any tendered ballot paper.
The CRO, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.
The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 5 in the afternoon and 10 on the following morning.
At an ordinary election the hours between 5 in the afternoon and 10 on the following morning may be excluded under paragraph (12) only with the prior consent of the GLRO.
During the time so excluded the CRO shall—
place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and
otherwise take proper precautions for the security of the papers and documents.
A “polling station in the appropriate area” in paragraph (7) means a polling station—
in the area common to the Assembly constituency, and parliamentary constituencyf3, local counting area, electoral area and voting area, as the case may be in which the polls at the GLA election and a relevant election or referendum are being taken together; and
in respect of which polls the voter has been issued with a postal ballot paper.
Annotations
Footnotes
- f1
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S.I. 2001/341, to which there are amendments not relevant to these Rules.
- f2
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2000 c. 22. See the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185) made under section 44 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) made under section 45.
- f3
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For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).