22.—(1) At a constituency election the votes at the poll shall be given by ballot and the result shall be ascertained, after counting the votes given to each candidate, in accordance with section 4(4) of the 1998 Act; and the candidate to whom the majority of votes has been given shall be declared to have been elected.
(2) At a regional election the votes at the poll shall be given by ballot and the results shall be ascertained, after counting the votes given to each individual candidate or registered political party, in accordance with sections 4(5) and (6) and 5 to 7 of the 1998 Act; and the candidates who, in accordance with those provisions, are returned as Assembly members shall be declared to have been elected.
23.—(1) At a constituency election, the ballot of every voter shall consist of a ballot paper.
(2) The persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.
(3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix and—
(a)shall contain the names and other particulars of the candidates shown in the statement of persons nominated,
(b)shall be capable of being folded up,
(c)shall have a number printed on the back, and
(d)shall have attached a counterfoil with the same number printed on it.
(4) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.
(5) If a certificate received by the constituency returning officer under paragraph 5(1) has requested that the registered political party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the candidate’s particulars, the ballot paper shall contain that emblem in that way.
24.—(1) At a regional election, the ballot of every voter shall consist of a ballot paper.
(2) The following, namely—
(a)persons shown in the statement of persons nominated as standing nominated (whether as individual or party list candidates), and no others, shall be entitled to have their names, and
(b)the registered political parties which have submitted a party list shown in the statement of persons nominated, and no others, shall be entitled to have their descriptions referred to in paragraph 7(2),
inserted in the ballot paper.
(3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—
(a)shall contain the names and descriptions of the individual candidates shown in the statement of persons nominated,
(b)shall contain the descriptions of the registered political parties referred to in sub-paragraph (2)(b) together with the names of the candidates included on those parties' lists,
(c)shall be capable of being folded up,
(d)shall have a number printed on the back (together with a mark or other distinguishing feature by which the Assembly constituency can be identified in which the vote is to be given in relation to the ballot paper), and
(e)shall have attached a counterfoil with the same number printed on it.
(4) The order—
(a)of names of the individual candidates, and
(b)of the descriptions referred to in sub-paragraph (2)(b) (together with, in respect of each such description of a registered political party, the names of the party list candidates),
in the ballot paper shall be the same order as in the statement of persons nominated.
(5) If a certificate received by the regional returning officer under paragraph 8(1) has requested that the registered political party’s registered emblem (or, as the case may be, one of the party’s registered emblems) is to be shown on the ballot paper against the party’s description, the ballot paper shall contain that emblem in that way.
25. Where at an ordinary election, a voter is entitled to give two votes, the ballot paper for each vote shall be of a different colour.
26.—(1) At an Assembly election every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.
(2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark—
(a)at elections for the same Assembly constituency, or
(b)in relation to the same Assembly constituency, at elections in the same Assembly electoral region.
(3) At—
(a)a constituency election, or
(b)a regional election, in relation to an Assembly constituency within the Assembly electoral region,
the official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.
(4) At a regional election a different official mark may be used in Assembly constituencies in an Assembly electoral region (but only one such mark may be used in an Assembly constituency at a regional election).
(5) At an ordinary election the same official mark may be used at a constituency election and a regional election (in relation to regional votes given in the same Assembly constituency).
27. No person who has voted at an Assembly election shall, in any legal proceeding to question the election or return, be required to state how he voted.
28.—(1) At an Assembly election the constituency returning officer may use, free of charge, for the purpose of taking the poll—
(a)a room in a school to which this paragraph applies, or
(b)a room the expense of maintaining which is payable wholly or mainly out of public funds.
(2) This paragraph applies to a school maintained or assisted by a local education authority, or a school in respect of which grants are made out of money provided by the Assembly or by Parliament to the person or body of persons responsible for the management of the school.
(3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.
(4) Sub-paragraph (2) shall have effect as if it included a reference to a grant-maintained school.
29.—(1) At an Assembly election, the appropriate returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which and the hours during which the poll will be taken.
(2) In the case of a constituency election, the constituency returning officer shall also prepare and publish a notice (which may be combined with the statement of persons nominated) setting out—
(a)the situation of each polling station, and
(b)the description of voters entitled to vote there,
and he shall as soon as practicable after giving such notice give a copy of it to each of the election agents.
(3) In the case of a regional election, the constituency returning officer for each Assembly constituency in the Assembly electoral region shall prepare and publish a notice (which may be combined with the statement of persons nominated) setting out—
(a)the situation of each polling station in the Assembly constituency for which he is returning officer, and
(b)the description of voters entitled to vote there,
and he shall as soon as practicable after publishing such notice—
(i)give a copy of it to each of the election agents, and
(ii)deliver, or cause to be delivered, a copy of it to the regional returning officer.
(4) At an ordinary election the notice prepared by a constituency returning officer under sub-paragraphs (2) and (3) may be combined.
30.—(1) Subject to sub-paragraph (2), at an Assembly election the constituency returning officer shall as soon as practicable send to those entitled to vote by post, at the address shown in the absent voters list or the list kept under article 12(9) (list of postal proxies), a ballot paper and a declaration of identity in the appropriate form set out in the Appendix to Schedule 3, together with an envelope for their return.
(2) In the case of a person who at an ordinary election is entitled to give two votes by post the provisions of sub-paragraph (1) shall apply save that “a ballot paper” shall be construed as a reference to both ballot papers.
31.—(1) At an Assembly election the constituency returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this paragraph, shall allot the electors to the polling stations in such manner as he thinks most convenient.
(2) One or more polling stations may be provided in the same room.
(3) The polling station allotted to electors from any polling district shall be in the polling place for that district.
(4) The constituency returning officer shall provide each polling station with such number of compartments as may be necessary for an Assembly election in which the voters can mark their votes screened from observation.
32.—(1) At an Assembly election the constituency returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed—
(a)by, or on behalf of, an individual or party list candidate, or
(b)by a registered political party,
in or about the election.
(2) At a regional election the regional returning officer shall appoint and pay such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed in the circumstances described in sub-paragraph (1)(a) or (b).
(3) The constituency returning officer may, if he thinks fit, preside at a polling station and the provisions of this Schedule relating to a presiding officer shall apply to a constituency returning officer so presiding with the necessary modifications as to things to be done by the constituency returning officer to the presiding officer or by the presiding officer to the constituency returning officer.
(4) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Schedule to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
33.—(1) At—
(a)an ordinary election where an elector is entitled to give two votes, or
(b)an Assembly election (other than one at an ordinary election where paragraph (a) applies),
the constituency returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person—
(i)as an elector if he is placed on the absent voters list for the ordinary or Assembly election, or
(ii)as a proxy if he is entitled to vote by post as proxy at such election.
(2) An elector’s official poll card shall be sent or be delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.
(3) The official poll card shall set out—
(a)the name of the Assembly constituency or electoral region for which the election is to be held, or, in the case of an ordinary election where there are contested elections for an Assembly constituency and electoral region, both such areas,
(b)the elector’s name, qualifying address and number on the register,
(c)the date and hours of the poll and the situation of the elector’s polling station, and
(d)such other information, not relating to any candidate or registered political party, as the constituency returning officer considers appropriate.
(4) At an ordinary election where an elector is entitled to give two votes, the official poll card issued to an elector shall be in the form set out in English and Welsh in the Appendix.
(5) At an Assembly election where sub-paragraph (4) does not apply, the official poll card issued to an elector shall be in the form set out in English and Welsh in the Appendix.
(6) At an ordinary election where an elector is entitled to give two votes, the official poll card issued to the proxy of an elector shall be in the form set out in English and Welsh in the Appendix.
(7) At an Assembly election where sub-paragraph (6) does not apply, the official poll card issued to the proxy of an elector shall be in the form set out in English and Welsh in the Appendix.
(8) In this paragraph—
“elector” means a person—
who is registered as a local government elector—
in relation to a constituency election, in the Assembly constituency in a register to be used at the election, or
in relation to a regional election, in the Assembly electoral region in a register to be used at the election, or
who, pending the publication of a register mentioned in paragraph (a)(i) or (ii), appears from the electors lists for that register as corrected by the registration officer to be entitled to be so registered,
and accordingly includes a person shown in the register or electors lists as below voting age if it appears from it that he will be of voting age on the day fixed for the poll, but not otherwise, and
“electoral number” means—
a person’s number in that register, or
pending the publication of the register, his number (if any) in the electors lists for that register.
34.—(1) At an Assembly election the constituency returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the constituency returning officer’s opinion may be necessary.
(2) Where at an ordinary election electors are entitled to give two votes the same ballot box shall be used for the receipt of ballot papers in respect of votes given at each election.
(3) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.
(4) The constituency returning officer shall provide each polling station with—
(a)materials to enable voters to mark the ballot papers,
(b)instruments for stamping on them the official mark,
(c)copies of the register of electors or such part of it as contains the names of electors allotted to the station, and
(d)the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under paragraph (c).
(5) At an ordinary election where there are contested elections for an Assembly constituency and for the Assembly electoral region in which the constituency is situated, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.
(6) Where there is a contested election for an Assembly constituency but there is no such election for the Assembly electoral region in which the constituency is situated, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.
(7) Where there is a contested election for an Assembly electoral region but there is no such election for an Assembly constituency in the Assembly electoral region, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station in the Assembly constituency.
(8) Where there is a contested constituency election, in every compartment of every polling station there shall be exhibited the notice—
(a)in the case where votes are also given at the polling station in respect of a contested regional election—
“Vote for one candidate only on the constituency ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.
Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, or
(b)in any other case—
“Vote for one candidate only on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted.
Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”.
(9) Where there is a contested regional election, in every compartment of every polling station there shall be exhibited the notice—
(a)in the case where votes are also given at the polling station in respect of a contested constituency election—
“Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.
Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, or
(b)in any other case—
“Vote once only on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted.
Pleidleisiwch unwaith yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”.
(10) At an Assembly election the statement of persons nominated shall be printed in conspicuous characters and exhibited inside and outside every polling station.
35.—(1) Subject to sub-paragraph (2), at a constituency election each candidate may, before the commencement of the poll, appoint—
(a)polling agents to attend at polling stations for the purpose of detecting personation, and
(b)counting agents to attend at the counting of the votes.
(2) In the case of a constituency election, the constituency returning officer may limit the number of counting agents, so that—
(a)the number shall be the same in the case of each candidate, and
(b)the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.
(3) Subject to sub-paragraph (4), at a regional election each—
(a)individual candidate, and
(b)election agent for a group of party list candidates,
may, before the commencement of the poll, in relation to each Assembly constituency in the Assembly electoral region, appoint—
(i)polling agents to attend at polling stations for the purpose of detecting personation, and
(ii)counting agents to attend at the counting of the votes.
(4) In the case of a regional election the constituency returning officer may, in relation to the Assembly constituency for which he is the returning officer, limit the number of counting agents, so that—
(a)the number shall be the same in the case of each individual candidate or election agent for a group of party list candidates, and
(b)the number allowed to an individual candidate or election agent shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the total of the number of individual candidates and registered political parties which have submitted to a party list.
(5) Notice in writing of an appointment under sub-paragraph (1) or (3), stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given not later than the second day (computed like any period of time set out in the Table in paragraph 1(1)) before the day of the poll.
(6) If an agent dies, the person who appointed him may appoint another agent in his place, and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.
(7) The foregoing provisions of this paragraph shall be without prejudice to the requirements of article 36(1) as to the appointment of paid polling agents, and any appointment authorised by this paragraph to be made by a candidate may be made and the notice of appointment given to the constituency returning officer by the election agent instead.
(8) In the following provisions of this Schedule references to polling and counting agents shall be taken as references to agents—
(a)whose appointments have been duly made and notified, and
(b)where the number of agents is restricted, who are within the permitted number.
(9) Any notice required to be given to a counting agent by the constituency returning officer may be delivered at or sent by post to the address stated in the notice of appointment.
(10) Any candidate may himself do any act or thing which any polling or counting agent, if appointed by him or on his behalf, would have been authorised to do, or may assist such agent in doing any such act or thing.
(11) An election agent for an individual candidate or a group of party list candidates may do or assist in doing anything which a polling or counting agent of the candidate or candidates is authorised to do; and anything required or authorised by this Schedule to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.
(12) Where by this Schedule any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
36. At an Assembly election the constituency returning officer shall make such arrangements as he thinks fit to ensure that—
(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a blind voter to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 31(1), (3) and (6), and
(b)every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of article 31(2) and (6).