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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

GENERAL PROVISIONS

Poll to be taken by ballot

18.  The votes at the poll must be given by ballot.

The ballot papers

19.—(1) The ballot of every voter must consist of a ballot paper which—

(a)in the case of an election with three or more candidates, must be in Form 8A set out in Part 8 of this Schedule;

(b)in the case of an election with two candidates only, must be in Form 8B set out in Part 8 of this Schedule,

and which is printed according to the directions specified in that Part.

(2) The persons remaining validly nominated for the police area after any withdrawals (and no other persons) are entitled to have their names shown on the ballot paper.

(3) Each ballot paper must—

(a)contain the names and other particulars of the candidates as shown in the statement of persons nominated,

(b)be capable of being folded up, and

(c)have a number and other unique identifying mark printed on the back.

(4) If a request is made by or on behalf of a candidate whose description is authorised under rule 6(1) or (3) by a registered party, the ballot paper must contain the party’s registered emblem (or one of its registered emblems) adjacent to the candidate’s particulars.

(5) A request under paragraph (4) must—

(a)be made in writing to the police area returning officer, and

(b)be received by the officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

(6) The order of the names in the ballot paper must be the same as in the statement of persons nominated (see rule 13).

Corresponding number list

20.—(1) The local returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers which are to be issued by the officer in pursuance of rule 25 or provided by the officer in pursuance of rule 29(1).

(2) The corresponding number list to be prepared for the purpose of rule 25(1) (postal ballot papers) and of paragraph 36(1) of Schedule 2 (procedure on issue of postal ballot paper) must be in Form 9 set out in Part 8 of this Schedule or a form to like effect.

(3) The corresponding number list to be prepared for the purpose of rule 29(3)(d) (equipment of polling stations) and of rule 39(2)(b) (voting procedure) must be in Form 10 set out in Part 8 of this Schedule or a form to like effect.

The official mark

21.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) An interval of not less than five years must intervene between the use of the same official mark at PCC elections for the same police area.

(4) A police area returning officer or local returning officer may use a different official mark for different purposes at the same PCC election.

Prohibition of disclosure of vote

22.  In any legal proceeding to question a PCC election, no person who has voted at the election may be required to state for whom he or she has voted.

Use of schools and public rooms

23.—(1) The local returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a)a room in a school maintained or assisted by—

(i)in relation to England, a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council or the Council of the Isles of Scilly, or

(ii)in relation to Wales, a county council or a county borough council in Wales;

(b)a room in a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(c)a room the expense of maintaining which is met by—

(i)in relation to England, a county council in England, a district council, a parish council or the Council of the Isles of Scilly, or

(ii)in relation to Wales, a county council or a county borough council in Wales or a community council.

(2) The local returning officer must make good—

(a)any damage done to any such room, and

(b)defray any expense incurred by the persons having control over any such room,

by reason of its being used for that purpose.

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