The Police and Crime Commissioner Elections Order 2012

Procedure at verification of ballot paper accounts

39.  For rule 49 substitute—

“Procedure at verification of ballot paper accounts

49.— (1) Where the local returning officer is the relevant returning or counting officer, the officer must—

(a) in the presence of the counting agents appointed for the purposes of the PCC election and the counting agents appointed for the purposes of each relevant election or referendum—

(i) open the ballot boxes from each polling station,

(ii) in relation to the PCC election and to each of the relevant elections or referendums, count and record separately the number of ballot papers relating to that election or referendum, and

(iii) verify each ballot paper account;

(b) where proceedings on the issue and receipt of postal ballot papers for the PCC election and each relevant election or referendum are taken together, count the postal ballot papers that have been duly returned and record separately the number counted at the PCC election and each relevant election or referendum;

(c) separate the ballot papers relating to the PCC election from the ballot papers relating to each relevant election or referendum;

(d) make up into packets the ballot papers for each relevant election or referendum and seal them up into separate containers endorsing on each a description of the area to which the ballot papers relate;

(e) deliver or cause to be delivered to the returning or counting officer for each relevant election or referendum to which the ballot papers relate—

(i) those containers together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of the election or referendum;

(f) at the same time deliver or cause to be delivered to that officer packets that relate to the relevant election or referendum containing—

(i) the unused and spoilt ballot papers;

(ii) the tendered ballot papers;

(iii) the certificates as to employment on duty on the day of the poll.

(2) A postal ballot paper is not to be taken to be duly returned unless—

(a) it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the relevant returning or counting officer or a polling station in the appropriate area (as defined in paragraph (3)),

(b) the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the relevant returning or counting officer or a polling station in the appropriate area,

(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and

(d) in a case where an elector’s or proxy’s date of birth and signature are to be verified in accordance with paragraph 51 or 52 of Schedule 2, the relevant returning or counting officer verifies the date of birth and signature of the elector or proxy (as the case may be).

(3) The “appropriate area” in respect of any voter is—

(a) the area which is common to the areas in which the polls at the PCC election and the relevant election or referendum are being taken together, and

(b) in respect of which polls the voter has been issued with a ballot paper.

(4) Where separate ballot boxes are used, no vote for any candidate is rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.

(5) The relevant returning or counting officer, while counting and recording the number of postal ballot papers, 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) Unless otherwise directed by the police area returning officer, the relevant returning or counting officer must determine the hours during which the procedure under this rule is to be carried out and must take proper precautions for the security of the ballot papers and documents.

(7) The relevant returning or counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by the relevant returning or counting officer, and the unused and spoilt ballot papers in the relevant returning or counting officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification.

(8) Any counting agent for a PCC election present at the verification may copy the statement drawn up under paragraph (7).

(9) Any counting agent for a relevant election or referendum present at the verification may copy the statement drawn up under paragraph (7).

(10) Once the statement relating to the PCC election is drawn up, the relevant returning or counting officer must inform the police area returning officer of the contents of the statement.”