Paragraph 64V Exclusion of candidates: supplementary provisionF1

(1)

The exclusion of a candidate, or of two or more candidates together, under rule 64S constitutes a further stage of the count.

(2)

The returning officer must take the following steps after the completion of the transfer of transferable papers under rule 64S(5) or after a group of ballot papers formed under rule 64T(2) has been dealt with in accordance with rule 64T(3) to (5)—

(a)

record the total value of votes transferred to each candidate under rule 64S(5) or 64T(4);

(b)

add that total to the previous total of votes recorded for each candidate and record the new total,

(c)

record the value of the votes in the groups of non-transferable papers formed under rule 64S(4) or 64T(3), and

(d)

add that value to the previously recorded total of non-transferable votes.

(3)

The returning officer must then compare—

(a)

the total number of votes then recorded for each candidate together with the total number of non-transferable votes, with

(b)

the recorded total of valid first preference votes.

(4)

All ballot papers transferred under rule 64S(5) or 64T(4) must be clearly marked, either individually or as a group, so as to indicate the transfer value at which the vote on the paper is transferred or, as the case may be, the transfer value of all the votes on the papers in that group.

(5)

The returning officer must include a ballot paper in the group of non-transferable papers formed under rule 64S(4) or 64T(3) if—

(a)

the returning officer is of the opinion that the ballot paper indicates that the preference next in the order of preference has been given to two or more candidates (whether or not consecutive candidates),

(b)

the returning officer is of the opinion that the next preference on the ballot paper (whether or not for a continuing candidate) does not follow consecutively after the preference immediately before it, or

(c)

it is unclear to the returning officer for any other reason which candidate is next in the order of preference.

Annotations

Textual amendments

F1: Sch. 2 Pt. 4A inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 8(2)

Notes on Schedule 2

Modifications

C1: Sch. 2 applied (with modifications) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 3 paras. 22, 25 (with art. 1(4))