Guidance for Returning Officers administering Local Government Elections in England
Counting agents
Counting agents can be appointed to observe the verification and counting processes.1 You must give counting agents who have been appointed notice in writing of the time and place at which the verification and count will begin.2
You must be notified in writing of the appointment of counting agents by not later than five working days before the poll for their appointment to be in force for the verification and count.3 The Commission has developed the following form for the notification of appointment of counting agents.
Local authority and Combined authority and combined county authority mayoral elections
One of the counting agents for each candidate can be designated to be able to request a recount at the conclusion of the count or any recount. Such designations must be made at the time that the counting agent appointment is notified to you.
Counting agents
Limiting the number of agents in attendance
You are permitted by law to limit the number of counting agents appointed.5 The number that may be appointed by each candidate must be the same and, unless there are special circumstances, must not be less than the number obtained by dividing the number of counting assistants (i.e. those staff counting the ballot papers) by the number of candidates.6
When determining the maximum number of counting agents, each candidate should, as far as possible, be permitted to appoint sufficient numbers of counting agents to enable full and proper scrutiny of the verification and count processes. You should, however, consider any health and safety implications, including fire regulations for the verification and count venue, when deciding on maximum numbers of counting agents.
For more details on who may attend the verification and count see Attendance at the verification and count.
Combined polls
When determining the maximum number of counting agents that can attend where polls are combined, you should bear in mind that the counting agents for all polls being verified are entitled to attend the verification of all polls.
Counting agents
Secrecy and conduct requirements
Anyone attending the count has a duty to maintain the secrecy of the count. All Counting Agents should be supplied with the following requirements of secrecy for the count.
In particular, anyone attending must not:
- ascertain or attempt to ascertain number or other unique identifying mark on the back of any ballot paper
- communicate any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper
- 1. Rule 27(1)(b), Local Elections (Principal Areas) (England and Wales) Rules 2006 (LEPAR 2006); rule 27(1)(b), Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (PCR 2006); rule 29(1)(b), Local Authorities (Mayoral Elections Regulations 2007 (LAM Rules 2007); rule 29(1)(b), Combined Authorities (Mayoral Elections) Order 2017 (CAM Rules 2017) ↩ Back to content at footnote 1
- 2. Rule 44(1), LEPAR 2006; rule 44(1), PCR 2006; rule 46(1), LAM Rules 2007; rules 46(2) and 49(1), CAM Rules 2017 ↩ Back to content at footnote 2
- 3. Rule 27(5), LEPAR 2006; rule 27(5), PCR 2006; rule 29(7), LAM Rules 2007; rule 29(9), CAM Rules 2017 ↩ Back to content at footnote 3
- 5. Rule 27(4), LEPAR 2006; rule 27(4), PCR 2006; rule 29(5), LAM Rules 2007; rule 29(7), CAM Rules 2017 ↩ Back to content at footnote 5
- 6. Rule 27(4), LEPAR 2006; rule 27(4), PCR 2006; rule 29(5), LAM Rules 2007; rule 29(7), CAM Rules 2017 ↩ Back to content at footnote 6