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

The second calculation and resolution of equality

47.—(1) The returning officer shall comply with paragraph 3(6) of Schedule 2 to the 2000 Act.

(2) The returning officer shall then draw up a statement showing—

(a) the total number of first preference votes given for each candidate,

(b) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes,

(c) the total number of votes given for each of those candidates, and

(d) the number of ballot papers that were—

(i) valid as respects a first preference vote given for a candidate who did not remain in the contest after the count of the first preference votes; and

(ii) rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.

(3) As soon as practicable after completion of the statement, the returning officer shall provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the statement, and shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(4) If, after the second calculation, the total number of votes given for two or more candidates remaining in the contest is equal, the person to be returned as the elected mayor is the person whom the returning officer decides, in accordance with paragraph 3(8) of Schedule 2 to the 2000 Act, is to be returned as the elected mayor.