The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002

The first count

41.—(1) The returning officer shall—

(a) in the presence of the counting agents, open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the election agents, verify each ballot paper account; and

(c) count such of the postal ballot papers as have been duly returned and record the number counted.

(2) The returning officer shall 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, and

(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 returning officer shall then—

(a) where the election is contested by more than two candidates, count the first preference votes given on them;

(b) where the election is contested by only two candidates, count the votes given on them.

(4) A postal ballot paper shall not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (5), and reaches the returning officer or any polling station in the electoral area in question before the close of the poll; and

(b) the declaration of identity, duly signed and authenticated, is also returned in the manner set out in paragraph (5), and reaches him or such a polling station before that time.

(5) The manner in which any postal ballot paper or declaration of identity may be returned—

(a) to the returning officer, is by hand or post;

(b) to a polling station, is by hand.

(6) The returning officer shall not count any tendered ballot paper.

(7) While counting and recording the number of ballot papers and counting the votes, the returning officer 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.

(8) The returning officer 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.

(9) The returning officer 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.

(10) During the time so excluded the returning officer shall—

(a) 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

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