The Police and Crime Commissioner Elections Order 2012

The first count

52.—(1) Where the containers referred to in rule 50 are delivered to the place where the counting of votes is to be carried out, the local returning officer must open in the presence of the counting agents all the packets of ballot papers other than those containing unused, spoilt or tendered ballot papers.

(2) The local returning officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b) 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.

(3) The local returning officer must then—

(a) where the election is contested by three or more candidates, count the number of first preference votes given for each candidate;

(b) where the election is contested by only two candidates, count the votes given for each candidate.

(4) The local returning officer must not count any tendered ballot paper.

(5) The local returning officer, while counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(6) The local returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that the local returning officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day.

(7) During the time so excluded the local returning officer must—

(a) place the ballot papers and other documents relating to the PCC election under the local returning officer’s seal and the seals of any of the counting agents who want to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.