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The Greater London Authority Elections (Amendment) Rules 2004

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5.  Any provision, mentioned in column (1) of the Table below shall be modified as shown in column (2).

TABLE

(1)(2)
ModificationRule
CMER, rule 15(2) (the ballot papers)

Omit sub-paragraph (b).

In sub-paragraph (c), after “printed on the” insert “front or”.

LMER, rule 16(3) (the ballot papers)

Omit sub-paragraph (c).

In sub-paragraph (d), after “printed on the” insert “front or”.

MER, rule 16(3) (the ballot papers)

Omit sub-paragraph (c).

In sub-paragraph (d), after “printed on the” insert “front or”.

CMER, rule 16

LMER, rule 17

MER, rule 17 (the official mark)

In paragraph (1), for “which shall perforate the ballot paper”, substitute—

  • which shall consist of—

    (a)

    a mark which perforates the paper;

    (b)

    a watermark;

    (c)

    faint printing which appears to lie behind the text of the ballot paper;

    (d)

    a barcode; or

    (e)

    such other feature as will indicate the authenticity of the ballot paper.

For paragraphs (2) and (3), substitute—

(2) Where the official mark consists of a barcode it shall contain a security feature which shall allow information it conveys as to its authenticity to be discerned with the use of information held only by the GLRO, the CRO and his clerks.

(3) The official mark shall be kept secret and an interval of not less than five years shall intervene before the same official mark is used at any Authority election.

(3A) Except where the official mark consists of a barcode, the official mark used for ballot papers issued for voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

CMER, rule 22

LMER, rule 23

MER, rule 23 (appointment of presiding officers and clerks

After paragraph (1), insert—

(1A) The clerks appointed pursuant to paragraph (1) above may include such technical advisers as he thinks fit to assist in—

(a)the operation and maintenance of the central counting system;

(b)any other computer hardware or software or other equipment or any service; and

(c)the handling and use of any electronic data,

used or to be used for the purposes of counting the ballot papers and the votes.

CMER, rule 34

LMER, rule 35

MER, rule 35 (voting procedure)

In sub-paragraph (a) of paragraph (1), after “official mark” insert “, except where the official mark is one that does not consist of a mark which perforates the ballot paper”.

In paragraph (2), omit the words—

  • “and fold it up so as to conceal his vote”;

  • “so as to disclose the official mark”; and

  • “so folded up”.

At the end of paragraph (2), insert the words—

  • “in such a way as to conceal his vote”.

CMER, rule 41 (attendance at counting of votes)

In paragraphs (1) and (3), for “rule 42(1)” substitute “rule 41C(1) or rule 42(1)”.

In paragraph (4), for “paragraphs (2) to (15) of rule 42” substitute “paragraphs (2) to (15) of rule 41C or paragraphs (2) to (15) of rule 42”.

In paragraph (5), for “rule 42(1)” substitute “rule 41C or rule 42(1)”.

After this rule, insert—

Counting using the central counting system

41A.(1) The CRO may conduct any count of the votes using the central counting system.

(2) Where the count has been conducted using the central counting system, the CRO, if he considers it appropriate to do so may conduct any re-count without using that system.

(3) Any count or re-count conducted using the central counting system shall be conducted in accordance with rule 41C.

(4) Where the counting of the votes has commenced using the central counting system, if at any time before the result has been declared, the CRO considers it appropriate, he may discontinue the count and instead count the votes without using the central counting system.

Concurrent counting

41B.(1) Where the count for the election is to be conducted using the central counting system, the votes on the ballot papers for the election and for any relevant election or referendum may be counted concurrently using the central counting system, where the CRO and the returning officer for that relevant election or referendum so agree.

(2) Where the GLRO has determined that two or more ballot papers shall appear on the same sheet of paper in accordance with these Rules, the votes on those ballot papers shall be counted concurrently.

(3) Notwithstanding paragraphs (1) and (2), where there is a recount of votes at the election the votes on the ballot papers for the election and any relevant election or referendum shall not be counted concurrently, unless there is also a recount at the relevant election or referendum and the CRO and the returning officer for that relevant election or referendum so agree.

The electronic count

41C.(1) Where the count is being conducted using the central counting system, and where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a)in the presence of the counting agents appointed for the purposes of the poll at the election and those appointed for the purposes of each relevant election or referendum, open each ballot box and count and record the number of ballot papers in it;

(b)in the presence of the election agents appointed for the purposes of the poll at the election and those appointed for the purposes of each relevant election or referendum, verify each ballot paper account;

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

(d)separate the ballot papers relating to the election and each relevant election or referendum which is to be counted separately;

(e)in relation to the ballot papers which have been separated for each other election or referendum—

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

(ii)deliver or cause to be delivered to the returning officer for the poll to which the ballot papers relate those containers, together with a list of them and of the contents of each;

(f)deliver or cause to be delivered to the returning officer for each other election or referendum—

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

(ii)the packets that relate to each other election or referendum containing—

(aa)the unused and spoilt ballot papers,

(bb)the tendered ballot papers, and

(cc)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) Where the counts at the election and at a relevant election or referendum are being conducted using a central counting system, in relation to the election and that relevant election or referendum, any of the steps referred to paragraph (1), in so far as practicable, may be undertaken—

(a)using the central counting system;

(b)concurrently with any other of those steps;

(c)in a different order;

(d)by dealing with the ballot boxes separately;

(e)during or after the process of counting the votes for the election or any relevant election or referendum.

(3) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations and the votes on the ballot papers are not to be counted concurrently with the votes on the ballot papers at a relevant election or referendum, he shall—

(a)on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 41(1), in the presence of the counting agents open each container; and

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People Regulations 2001, or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(1), count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from all the containers and count the votes given on them,

and paragraph (12) shall not apply to these proceedings.

(4) Where separate ballot boxes have been used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(5) Where separate ballot boxes are used for the votes cast under these rules and those cast at any relevant election or referendum and the votes are not being counted concurrently using the central counting system, all the ballot boxes from each polling station shall be opened together.

(6) The CRO shall count the votes by causing the central counting system to count the votes and calculate the total number of votes given for each candidate at the election from the votes cast on ballot papers which have been counted by it, and shall use the information provided by the central counting system to verify the ballot paper accounts if that has not already been done.

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

(a)it is returned in the manner set out in paragraph (8) below and reaches the returning officer, or a polling station in the appropriate area (as defined in paragraph (9)) 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 (8) below and reaches him or such a polling station before that time.

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

(a)to the CRO, is by hand or by post; and

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

(9) In paragraph (7) “a polling station in the appropriate area” means a polling station—

(a)in the area which is common to the Assembly constituency, and parliamentary constituency(2), local counting area, electoral area or voting area, (as the case may be) in which the polls at the GLA election and any relevant election or referendum are being taken together; and

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

(10) The CRO shall not count any tendered ballot papers.

(11) The CRO, while counting and recording the number of ballot papers and counting the votes, shall take all proper precautions for preventing any person from identifying the voter who has cast any vote.

(12) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded, and the information as to the unused and spoilt ballot papers and from the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall produce a statement as to the result of the verification, which any election agent may copy.

(13) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

(14) During the time so excluded the CRO 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 and the central counting system.

(15) Where the CRO decides at any point to conduct the count or any recount without using the central counting system, he shall—

(a)cause any step specified in rule 42(1) which has yet to be completed to be carried out;

(b)proceed as though no votes had been counted;

(c)otherwise proceed in accordance with rule 42 below, except that—

(i)rule 42(6) shall apply only in so far as practicable; and

(ii)where the GLRO has determined that two or more ballot papers shall appear on the same sheet of paper in accordance with these Rules, such ballot papers shall not be separated.

LMER, rule 42 (attendance at local count)

In paragraph (1), for “rule 43(1)” substitute “rule 42C(1) and rule 43(1)”.

In paragraph 3, for “rule 43(1)” substitute “rule 42C(1) or rule 43(1)”.

In paragraph (4), for “paragraphs (2) to (15) of rule 43” substitute “rule paragraphs (2) to (15) of rule 42C or paragraphs (2) to (15) of rule 43”.

In paragraph (5), for “rule 42(1)” substitute “rule 41C or rule 42(1)”.

After this rule, insert—

Counting using the central counting system

42A.(1) The CRO may conduct any count of the votes using the central counting system.

(2) Where the count has been conducted using the central counting system, the CRO, if he considers it appropriate to do so may conduct any re-count without using that system.

(3) Any count or re-count conducted using the central counting system shall be conducted in accordance with rule 42C.

(4) Where the counting of the votes has commenced using the central counting system, if, at any time before the result has been declared, the CRO considers it appropriate, he may discontinue the count and instead count the votes without using the central counting system.

Concurrent counting

42B.(1) Where the count for the election is to be conducted using the central counting system, the votes on the ballot papers for the election and for any relevant election or referendum may be counted concurrently using the central counting system, where the CRO and the returning officer for that relevant election or referendum so agree.

(2) Where the GLRO has determined that two or more ballot papers shall appear on the same sheet of paper in accordance with these Rules, the votes on those ballot papers shall be counted concurrently.

(3) Notwithstanding paragraphs (1) and (2), where there is a recount of votes at the election the votes on the ballot papers for the election and any relevant election or referendum shall not be counted concurrently, unless there is also a recount at the relevant election or referendum and the CRO and the returning officer for that relevant election or referendum so agree.

The electronic count

42C.(1) Where the count is being conducted using the central counting system, and where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a)in the presence of the counting agents appointed for the purposes of the poll at the election and those appointed for the purposes of each relevant election or referendum, open each ballot box and count and record the number of ballot papers in it;

(b)in the presence of the election agents appointed for the purposes of the poll at the election and those appointed for the purposes of each relevant election or referendum, verify each ballot paper account;

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

(d)separate the ballot papers relating to the election and each relevant election or referendum which is to be counted separately;

(e)in relation to the ballot papers which have been separated for each other election or referendum—

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

(ii)deliver or cause to be delivered to the returning officer for the poll to which the ballot papers relate those containers, together with a list of them and of the contents of each;

(f)deliver or cause to be delivered to the returning officer for each other election or referendum—

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

(ii)the packets that relate to each other election or referendum containing—

(aa)the unused and spoilt ballot papers,

(bb)the tendered ballot papers, and

(cc)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) Where the counts at the election and at a relevant election or referendum are being conducted using a central counting system, in relation to the election and that relevant election or referendum, any of the steps referred to paragraph (1), in so far as practicable, may be undertaken—

(a)using the central counting system;

(b)concurrently with any other of those steps;

(c)in a different order;

(d)by dealing with the ballot boxes separately;

(e)during or after the process of counting the votes for the election or any relevant election or referendum.

(3) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations and the votes on the ballot papers are not to be counted concurrently with the votes on the ballot papers at a relevant election or referendum, he shall—

(a)on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 42(1), in the presence of the counting agents open each container; and

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People Regulations 2001, or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(3), count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from all the containers and count the votes given on them,

and paragraph (12) shall not apply to these proceedings.

(4) Where separate ballot boxes have been used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(5) Where separate ballot boxes are used for the votes cast under these Rules and those cast at any relevant election or referendum and the votes are not being counted concurrently using the central counting system, all the ballot boxes from each polling station shall be opened together.

(6) The CRO shall count the votes by causing the central counting system to count the votes and calculate the total number of votes given for each party and individual candidate at the election from the votes cast on ballot papers which have been counted by it, and shall use the information provided by the central counting system to verify the ballot paper accounts if that has not already been done.

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

(a)it is returned in the manner set out in paragraph (8) below and reaches the returning officer, or a polling station in the appropriate area (as defined in paragraph (9)) 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 (8) below and reaches him or such a polling station before that time.

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

(a)to the CRO, is by hand or by post; and

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

(9) In paragraph (7) “a polling station in the appropriate area” means a polling station—

(a)in the area which is common to the Assembly constituency, and parliamentary constituency(4), local counting area, electoral area or voting area, (as the case may be) in which the polls at the GLA election and any relevant election or referendum are being taken together; and

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

(10) The CRO shall not count any tendered ballot papers.

(11) The CRO, while counting and recording the number of ballot papers and counting the votes, shall take all proper precautions for preventing any person from identifying the voter who has cast any vote.

(12) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded, and the information as to the unused and spoilt ballot papers and from the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall produce a statement as to the result of the verification, which any election agent may copy.

(13) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

(14) During the time so excluded the CRO 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 and the central counting system.

(15) Where the CRO decides at any point to conduct the count or any recount without using the central counting system, he shall—

(a)cause any step specified in rule 43(1) which has yet to be completed to be carried out;

(b)proceed as though no votes had been counted;

(c)otherwise proceed in accordance with rule 43 below, except that—

(i)rule 43(6) shall apply only in so far as practicable; and

(ii)where the GLRO has determined that two or more ballot papers shall appear on the same sheet of paper in accordance with rule 16(9), such ballot papers shall not be separated.

MER, rule 42 (attendance at local count)

In paragraph (1), for “rule 43(1)” substitute “rule 42C(1) and rule 43(1)”.

In paragraph 3, for “rule 43(1)” substitute “rule 42C(1) or rule 43(1)”.

In paragraph (4), for “paragraphs (2) to (15) of rule 43” substitute “rule paragraphs (2) to (15) of rule 42C or paragraphs (2) to (15) of rule 43”.

In paragraph (5), for “rule 42(1)” substitute “rule 41C or rule 42(1)”.

After this rule, insert—

Counting using the central counting system

42A.(1) The CRO may conduct any count of the votes using the central counting system.

(2) Where the count has been conducted using the central counting system, the CRO, if he considers it appropriate to do so may conduct any re-count without using that system.

(3) Any count or re-count conducted using the central counting system shall be conducted in accordance with rule 42C.

(4) Where the counting of the votes has commenced using the central counting system, if, at any time before the result has been declared, the CRO considers it appropriate, he may discontinue the count and instead count the votes without using the central counting system.

Separation of electronic count ballot papers

42B.(1) Where the count for the election is to be conducted using the central counting system, the votes on the ballot papers for the election and for any relevant election or referendum may be counted concurrently using the central counting system, where the CRO and the returning officer for that relevant election or referendum so agree.

(2) Where the GLRO has determined that two or more ballot papers shall appear on the same sheet of paper in accordance with these Rules, the votes on those ballot papers shall be counted concurrently.

(3) Notwithstanding paragraphs (1) and (2), where there is a recount of votes at the election the votes on the ballot papers for the election and any relevant election or referendum shall not be counted concurrently, unless there is also a recount at the relevant election or referendum and the CRO and the returning officer for that relevant election or referendum so agree.

The electronic count

42C.(1) Where the count is being conducted using the central counting system, and where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a)in the presence of the counting agents appointed for the purposes of the poll at the election and those appointed for the purposes of each relevant election or referendum, open each ballot box and count and record the number of ballot papers in it;

(b)in the presence of the election agents appointed for the purposes of the poll at the election and those appointed for the purposes of each relevant election or referendum, verify each ballot paper account;

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

(d)separate the ballot papers relating to the election and each relevant election or referendum which is to be counted separately;

(e)in relation to the ballot papers which have been separated for each other election or referendum—

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

(ii)deliver or cause to be delivered to the returning officer for the poll to which the ballot papers relate those containers, together with a list of them and of the contents of each;

(f)deliver or cause to be delivered to the returning officer for each other election or referendum—

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

(ii)the packets that relate to each other election or referendum containing—

(aa)the unused and spoilt ballot papers,

(bb)the tendered ballot papers, and

(cc)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) Where the counts at the election and at a relevant election or referendum are being conducted using a central counting system, in relation to the election and that relevant election or referendum, any of the steps referred to paragraph (1), in so far as practicable, may be undertaken—

(a)using the central counting system;

(b)concurrently with any other of those steps;

(c)in a different order;

(d)by dealing with the ballot boxes separately;

(e)during or after the process of counting the votes for the election or any relevant election or referendum.

(3) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations and the votes on the ballot papers are not to be counted concurrently with the votes on the ballot papers at a relevant election or referendum, he shall—

(a)on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 42(1), in the presence of the counting agents open each container; and

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People Regulations 2001, or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(5), count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from all the containers and count the votes given on them,

and paragraph (12) shall not apply to these proceedings.

(4) Where separate ballot boxes have been used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(5) Where separate ballot boxes are used for the votes cast under these Rules and those cast at any relevant election or referendum and the votes are not being counted concurrently using the central counting system, all the ballot boxes from each polling station shall be opened together.

(6) The CRO shall count the votes by causing the central counting system to count the votes and calculate the total number of votes given for each candidate at the election from the votes cast on ballot papers which have been counted by it, and shall use the information provided by the central counting system to verify the ballot paper accounts if that has not already been done.

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

(a)it is returned in the manner set out in paragraph (8) below and reaches the returning officer, or a polling station in the appropriate area (as defined in paragraph (9)) 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 (8) below and reaches him or such a polling station before that time.

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

(a)to the CRO, is by hand or by post; and

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

(9) In paragraph (7) “a polling station in the appropriate area” means a polling station—

(a)in the area which is common to the Assembly constituency, and parliamentary constituency(6), local counting area, electoral area or voting area, (as the case may be) in which the polls at the GLA election and any relevant election or referendum are being taken together; and

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

(10) The CRO shall not count any tendered ballot papers.

(11) The CRO, while counting and recording the number of ballot papers and counting the votes, shall take all proper precautions for preventing any person from identifying the voter who has cast any vote.

(12) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded, and the information as to the unused and spoilt ballot papers and from the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall produce a statement as to the result of the verification, which any election agent may copy.

(13) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

(14) During the time so excluded the CRO 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 and the central counting system.

(15) Where the CRO decides at any point to conduct the count or any recount without using the central counting system, he shall—

(a)cause any step specified in rule 43(1) which has yet to be completed to be carried out;

(b)proceed as though no votes had been counted;

(c)otherwise proceed in accordance with rule 43 below, except that—

(i)rule 43(6) shall apply only in so far as practicable; and

(ii)where the GLRO has determined that two or more ballot papers shall appear on the same sheet of paper in accordance with rule 16(9), such ballot papers shall not be separated.

CMER, rule 42

LMER, rule 43

MER, rule 43 (the count)

At the beginning insert—

(1A) This rule applies where a count or recount is to be conducted without the use of the central counting system.

CMER, rule 43,

LMER, rule 44 (rejected ballot papers)

For paragraph (4), substitute—

(4) A record shall be retained in the central counting system of which ballot papers were rejected and the reason for rejection in each case.

After paragraph (4), insert—

(5) Any ballot paper not initially either rejected or counted by the central counting system shall be the subject of a decision by the CRO.

(6) Such a decision may be made by the CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count and by the returning officer recording his decision on the central counting system and where this is done, neither a candidate nor his agent shall be entitled to require the returning officer to provide a paper copy of any ballot paper for their inspection.

MER, rule 44 (rejected ballot papers)

For paragraph (4), substitute—

(4) A record shall be retained in the central counting system of which ballot papers were rejected and the reason for rejection in each case.

After paragraph (6), insert—

(7) Any ballot paper not initially either rejected or counted by the central counting system shall be the subject of a decision by the CRO.

(8) Such a decision may be made by the CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count and by the returning officer recording his decision on the central counting system and where this is done, neither a candidate nor his agent shall be entitled to require the returning officer to provide a paper copy of any ballot paper for their inspection.

MER, rule 49 (the first calculation and resolution of equality

Omit paragraphs (1) to (3) and 4(b) and, in paragraph (6) the words “an election is contested by only two candidates and”;

In paragraph (6) for “them” substitute “the candidates”.

MER, rule 50 (the count of second preference votes)Omit paragraphs (1) and (3) to (5).
MER, rule 51 (the second calculation and resolution of equality)Omit paragraphs (2) to (4) and, in paragraph (1), the words “as required by rule 50(5)”.

CMER, rule 49

LMER, rule 52

MER, rule 54 (sealing up of ballot papers)

After paragraph (1), insert—

(1A) Where the votes have been counted using the central counting system, the CRO shall also seal up in separate packets complete electronic copies of the information stored in the central counting system, held in a device suitable for the purpose of its storage.

(1B) After taking copies for the purposes of paragraph (1A) above, the CRO shall arrange for the original records in the central counting system to be removed from it and destroyed in a manner that ensures that the confidentiality of those records is preserved.

(1C) Where the votes at the GLA election have been counted concurrently with the votes at a relevant election or referendum—

(a)references in paragraphs (1A) and (1B) above to the “CRO” shall be construed as references to the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations; and

(b)the counted and rejected ballot papers at the election to be sealed up and packeted under paragraph (1) and the counted and rejected ballot papers at each relevant election or referendum where the votes were counted concurrently, shall be sealed up in combined packets of counted ballot papers and rejected ballot papers..

CMER, rule 50 (delivery and retention of documents)

In paragraph (1), after sub-paragraph (c), insert—

(d)the packets containing the records referred to in rule 49(1A).

After paragraph (3), insert—

(3A) Where the votes at the GLA election have been counted by a central counting system concurrently with the votes at any relevant election or referendum, any references in this rule and in rules 51 and 52 to the CRO shall be construed as a reference to the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations.

LMER, rule 53 (delivery and retention of documents)

In paragraph (1), after sub-paragraph (c), insert—

(d)the packets containing the records referred to in rule 52(1A).

After paragraph (3), insert—

(3A) Where the votes at the election have been counted by a central counting system concurrently with the votes at any relevant election or referendum which is not a GLA election, all references in this rule and in rules 54 and 55 to the CRO shall be construed as a reference to the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations.

MER, rule 55 (delivery and retention of documents)

In paragraph (1), after sub-paragraph (c), insert—

(d)the packets containing the records referred to in rule 54(1A).

After paragraph (3), insert—

(3A) Where the votes at the election have been counted by a central counting system concurrently with the votes at any relevant election or referendum which is not a GLA election, all references in this rule and in rules 56 and 57 to the CRO shall be construed as a reference to the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations.

CMER, rule 51 (orders for production of documents)

In paragraph (1)(b), after the words “for the opening of”, insert “a packet containing the records referred to in rule 49(1A),”.

In paragraph (2), after the words “for the opening of”, insert “a packet containing the records referred to in rule 49(1A) or”.

In paragraph (3), after the words “for the opening of”, insert “a packet containing the records referred to in rule 49(1A) or”.

In paragraph (6), after the words “document” in each place where it appears, insert “or record”.

After paragraph (7), insert—

(7A) The production from proper custody of a copy of any of the records placed in such custody under these rules which indicates that a particular vote was cast by a particular elector shall be prima facie evidence that such vote was cast by such elector.

At the end of paragraph (8), insert “or containing the records referred to in rule 49(1A)”.

LMER, rule 54 (orders for production of documents)

In paragraph 1(b), after the words “for the opening of”, insert “a packet containing the records referred to in rule 52(1A),”.

In paragraph 2, after the words “for the opening of”, insert “a packet containing the records referred to in rule 52(1A) or”.

In paragraph 3, after the words “for the opening of”, insert “a packet containing the records referred to in rule 52(1A) or”.

In paragraph (6), after the words “document” in each place where it appears, insert “or record”.

After paragraph (7), insert—

(7A) The production from proper custody of a copy of any of the records placed in such custody under these rules which indicates that a particular vote was cast by a particular elector shall be prima facie evidence that such vote was cast by such elector.

At the end of paragraph (8), insert “or containing the records referred to in rule 52(1A)”.

MER, rule 56

(orders for production of documents)

In paragraph (1)(b), after the words “for the opening of”, insert “a packet containing the records referred to in rule 54(1A),”.

In paragraph (2), after the words “for the opening of”, insert “a packet containing the records referred to in rule 54(1A) or”.

In paragraph (3), after the words “for the opening of”, insert “a packet containing the records referred to in rule 54(1A) or”.

In paragraph (6), after the words “document” in each place where it appears, insert “or record”.

After paragraph (7), insert—

(7A) The production from proper custody of a copy of any of the records placed in such custody under these rules which indicates that a particular vote was cast by a particular elector shall be prima facie evidence that such vote was cast by such elector.

At the end of paragraph (8), insert “or containing the records referred to in rule 54(1A)”.

(1)

2000 c. 22. See the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185) made under section 44 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) made under section 45.

(2)

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

(3)

2000 c. 22. See the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185) made under section 44 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) made under section 45.

(4)

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

(5)

2000 c. 22. See the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185) made under section 44 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) made under section 45.

(6)

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c. 56).

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