Combined Guidance for Returning Officers at Local Government and Police and Crime Commissioner Elections in England
Returning Officer - role and responsibilities
As RO, you play a central role in the democratic process. Your role is to ensure that the election is administered effectively and that, as a result, the experience of voters and those standing for election is a positive one. You should set out at an early stage what you want to achieve and what success would look like for you. You must also consider accessibility for voters at polling stations. Our guidance on assistance with voting for disabled people provides further information.
As RO you are personally responsible for the conduct of a local government election, including:
- publishing the local government notice of election1
- administering the nomination process at the local election2
- printing the local government ballot papers3
- publishing the notice of poll and the local statement of persons nominated4
- managing the postal voting process
- verifying and counting the votes for the local election5
- declaring the local election results6
For combined local government and PCC elections, as local government RO you will also take on responsibility for the combined elements of the poll, including:
- the provision of polling stations7
- appointing Presiding Officers and Poll Clerks8
- conducting the poll9
- publishing the notice of situation of polling stations10
- the equipment of polling stations11
- the notification of the secrecy requirements at polling stations12
- signing certificates of employment for polling station staff allowing them to vote at the polling station they are working at, as opposed to the one allocated to them13
- authorisation to order the removal of persons from polling stations14
- verification of all ballot papers15
Where it has been decided to combine the issue of postal votes:16
- the corresponding number list
- the issue of postal votes including creating a copy of the postal voters’ list and proxy postal voters’ list and marking it on issue
- the opening of postal vote envelopes including the marking of the returned postal vote statements on the lists and the verification of the personal identifiers on the returned postal voting statements
As LRO, in your voting area you are personally responsible for:
- printing of the ballot papers (unless the PARO has given notice that they will take on responsibility for this)17
- management of the postal vote process at the PCC election (but only if the decision has been taken to not combine the issue of postal votes at the local and PCC elections)18
- the verification and counting of the votes for your voting area (unless the PARO has given notice that they will take on responsibility for this)19
- transmission of the local total for the voting area to the PARO20
Police Area Returning Officer (PARO)
The PARO is responsible for the overall conduct of the PCC election, and for liaising with and co-ordinating the work of LROs in the police area.
The PARO has the power to give general or specific directions to LROs relating to the discharge of their functions at the PCC election, including directions requiring LROs to take specified preparatory steps or to provide any information that they have or are entitled to have.
Our guidance for PAROs outlines the role and responsibility of the PARO.
Combined authority and combined county authority mayoral elections
At Combined Authority Mayoral elections, each constituent council must appoint an officer of the council to be the local RO. Where both a district council and a county council are constituent councils for the same area of the combined authority, the requirement to appoint an officer of the council to be the local RO only applies to the district council.
At Combined County Authority Mayoral elections, each constituent council must appoint an officer of the council to be the local RO. In areas where there is a county council or a unitary district council, the requirement to appoint an officer of the council to be the local RO only applies to the council.
In areas where there is both a county council and a unitary district council, the requirement to appoint an officer of the council to be the local RO only applies to the district council.
As local RO for the combined authority/combined county authority mayoral election you are personally responsible for administering the election in your local authority area, including:
- complying with any directions issued by the CARO/CCARO
- the provision of polling stations
- appointing Presiding Officers and Poll Clerks
- publishing the notice of poll and notice of situation of polling stations
- printing the ballot papers (unless the CARO/CCARO has directed that they will take on responsibility for this)
- managing the postal voting process
- verifying the ballot papers and providing the CARO/CCARO with information
- contained within the verification statement
- counting the votes for your local authority area
- transmitting the local totals to the CARO/CCARO
- declaring the local totals for your area once the CARO/CCARO has given permission for you to do so
The CARO/CCARO is personally responsible for:
- publishing the notice of election
- administering the nomination process
- publishing the statement of persons nominated
- ensuring that candidates and their agents comply with the requirements relating to the content of their election addresses
- producing and distributing a booklet to every voter containing the candidates’ election addresses
- collating the number of votes given for each candidate and calculating the result
- declaring the result
The CARO/CCARO may also take on responsibility for the printing of the combined authority mayoral ballot papers by issuing a direction to this effect.1
The CARO/CCARO has the power to give general or specific directions to local ROs relating to the discharge of their functions at the combined authority election, including directions requiring ROs to take specified preparatory steps or to provide any information that they have or are entitled to have and directions that the counting of votes shall be conducted at a central location.2 You must comply with any direction you have given.3
Where polls are combined, this power to give directions does not extend to the other election(s) or the combined elements of the poll. In any case, you should liaise closely with other ROs in the combined authority area, as well as the CARO/CCARO , and take into account any guidance issued by the CARO/CCARO in preparing for and delivering the polls as a whole.
We have produced separate guidance for CARO/CCAROs administering a Combined Authority Mayoral election in England.
Combined authority and combined county authority mayoral elections
Where the poll at a mayoral referendum is combined with the poll at a local government election, the RO for the local government election will take on the functions of the CO at the referendum.1
Continued
Your duties as RO are separate from your duties as a local government officer. As RO you are not responsible to the local authority but are directly accountable to the courts as an independent statutory office holder.
While you can appoint one or more persons to discharge any or all of your functions as RO, you cannot delegate your personal responsibility for delivering the election.1 You can find further information in our guidance on the appointment of deputies.
- 1. Para 3 Sch 3 Local Elections (Principal Areas) (England and Wales) Rules 2006 (LEPAR) ↩ Back to content at footnote 1
- 2. Paras 4-8 Sch 3 LEPAR 2006 ↩ Back to content at footnote 2
- 3. Para 16 Sch 3 LEPAR 2006 ↩ Back to content at footnote 3
- 4. Para 9 Sch 3 LEPAR 2006 ↩ Back to content at footnote 4
- 5. Paras 44-49 Sch 3 LEPAR 2006 ↩ Back to content at footnote 5
- 6. Para 50 Sch 3 LEPAR 2006 ↩ Back to content at footnote 6
- 7. Para 26 Sch 3 and Para 21 Sch 4 Police and Crime Commissioner Elections Order 2012 (PCCEO) ↩ Back to content at footnote 7
- 8. Para 27 Sch 3 PCCEO 2012 ↩ Back to content at footnote 8
- 9. Paras 28-47 Sch 3 PCCEO 2012 ↩ Back to content at footnote 9
- 10. Para 9 Sch 3 LEPAR 2006 ↩ Back to content at footnote 10
- 11. Para 29 Sch 3 and Para 21 Sch 4 PCCEO 2012 ↩ Back to content at footnote 11
- 12. Para 28 Sch 3 LEPAR 2006 ↩ Back to content at footnote 12
- 13. Para 30(4) Sch 3 PCCEO 2012 ↩ Back to content at footnote 13
- 14. Para 31 Sch 3 PCCEO 2012 ↩ Back to content at footnote 14
- 15. Para 45 Sch 3 LEPAR 2006 ↩ Back to content at footnote 15
- 16. Para 29 Sch 2 PCCEO 2012 ↩ Back to content at footnote 16
- 17. Para 19 Sch 3 PCCEO 2012 ↩ Back to content at footnote 17
- 18. Para 3 Sch 2 and Para 25 and 33 Sch 3 PCCEO 2012 ↩ Back to content at footnote 18
- 19. Paras 48-56 and para 60 Sch 3 PCCEO 2012 ↩ Back to content at footnote 19
- 20. Para 57 Sch 3 PCCEO 2012 ↩ Back to content at footnote 20
- 1. Article 6(2), Combined Authorities (Mayoral Elections) Order 2017 (CAM Rules 2017) ↩ Back to content at footnote 1
- 2. Article 6(2), CAM Rules 2017. ↩ Back to content at footnote 2
- 3. Article 6(3), CAM Rules 2017. ↩ Back to content at footnote 3
- 1. Rule 2, Schedule 5, Local Authority (Conduct of Referendums) (England) Regulations 2012 (CRR 2012) ↩ Back to content at footnote 1
- 1. S. 35(4), 63(1) and (3)(b) RPA 1983 ↩ Back to content at footnote 1