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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002
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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 2002 No. 185
The count of second preference votes
46.—(1) The returning officer shall 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 40(2) to (5), 41(6), (7), (9) and (10), 42 (except paragraph (3)) and 44(1) (except the words “the votes, or as the case may be”,) 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 43.
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