The Local Elections (Principal Areas) (Wales) Rules 2021

General Provisions E+W

Poll to be taken by ballot E+W

21.—(1) The votes at the poll must be given by ballot.

[F1 (2) The result must be ascertained—

(a) where the voting system that applies at the election is the simple majority system, in accordance with Part 4;

(b) where the voting system that applies at the election is the single transferable vote system, in accordance with Part 4A.]

Textual Amendments

F1 Sch. 2 rule 21(2) substituted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 7(2)

Commencement Information

I1 Sch. 2 rule 21 in force at 17.12.2021, see rule 1

The ballot papers E+W

22.—(1) The ballot of every voter must consist of a ballot paper.

(2) The only persons entitled to have their names inserted on the ballot paper are those remaining validly nominated for the electoral ward after any withdrawals under rule 12.

(3) [F2 Where the voting system that applies at the election is the simple majority system,] A ballot paper must be—

(a) in the form in Appendix 2, and

(b) printed in accordance with the directions in that Appendix.

[F3 (3A) Where the voting system that applies at the election is the single transferable vote system, a ballot paper must be—

(a) in the form in Appendix 2A, and

(b) printed in accordance with the directions in that Appendix.]

(4) The ballot paper must—

(a) contain the names and descriptions (if any) of the candidates and their home address information, as shown in the statement of persons nominated,

(b) be capable of being folded up,

(c) have a number and other unique identifying mark printed on the back, and

(d) be of a different colour to that of any ballot papers used at a relevant election.

(5) At the request of a candidate who is authorised under rule 6(3)(c) to use a description likely to lead electors to associate the candidate with a registered political party, the ballot paper must contain, against the candidate’s particulars, one registered emblem of the party.

(6) At the request of a candidate who is authorised under rule 6(4)(c) to use a description likely to lead electors to associate the candidate with two or more registered political parties, the ballot paper must contain, against the candidate’s particulars, one registered emblem of one of the parties.

(7) The candidate’s request under paragraph (5) or (6) must be—

(a) made in writing to the returning officer, and

(b) received by the returning officer before the last time for the delivery of nomination papers as set out in the timetable in rule 1.

(8) The order of the names in the ballot paper must be the same as in the statement of persons nominated.

Textual Amendments

F2 Words in Sch. 2 rule 22(3) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 7(3)(a)

F3 Sch. 2 rule 22(3A) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 7(3)(b)

Commencement Information

I2 Sch. 2 rule 22 in force at 17.12.2021, see rule 1

Corresponding number list E+W

23.—(1) The returning officer must prepare a list (“the corresponding number list”) in accordance with this rule.

(2) The corresponding number list must be in two parts.

(3) Part 1 must contain the numbers and unique identifying marks of all ballot papers to be issued in pursuance of rule 28(1) (postal ballot papers).

(4) Part 2 must contain the numbers (but not the unique identifying marks) of all ballot papers to be provided in pursuance of rule 32(1) (provision of ballot boxes and ballot papers at polling stations).

(5) The corresponding number list must be in the form set out in Appendix 3 or a form to the like effect.

(6) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

Commencement Information

I3 Sch. 2 rule 23 in force at 17.12.2021, see rule 1

The official mark E+W

24.—(1) Each ballot paper must contain an appropriate security marking (“the official mark”).

(2) The official mark must be kept secret.

(3) An interval of not less than five years must intervene between the use of the same official mark at elections for the same county or county borough.

(4) The returning officer may use a different official mark for different purposes at the same election.

Commencement Information

I4 Sch. 2 rule 24 in force at 17.12.2021, see rule 1

Prohibition of disclosure of vote E+W

25.  A person who has voted at the election may not be required to state for whom they voted in any legal proceedings to question the election.

Commencement Information

I5 Sch. 2 rule 25 in force at 17.12.2021, see rule 1

Use of schools and public rooms E+W

26.—(1) The returning officer may use any of the following rooms free of charge for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a county or county borough council;

(b) a room in a school in respect of which grants are made out of money provided by Senedd Cymru to the person or body responsible for the management of the school;

(c) any other room if the expense of maintaining the room is payable wholly or mainly out of public funds.

(2) Where a room described in paragraph (1) is used for the purpose of taking the poll or counting the votes, the returning officer must—

(a) make good any damage to the room resulting from its use for that purpose, and

(b) defray any expense incurred by the person or body having control over the room by reason of its use for that purpose.

Commencement Information

I6 Sch. 2 rule 26 in force at 17.12.2021, see rule 1