- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 No. 1024
52. (1) The returning officer must 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.
(2) A ballot paper which is not otherwise void and on which not more than one second preference vote is marked shall be valid as respects that vote and shall be counted accordingly if, but only if, a valid first preference vote has also been marked.
(3) Rules 46(3) to (7), 47(10), (11), (13) and (14), 48 (except paragraph (3)) and 50 (except the words “the votes, or as the case may be,” in both paragraphs where they appear) shall 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.
(4) The returning officer shall not be required to re-examine any decision taken under rule 49.
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