Breach of official duty and power to correct procedural errors
You are also subject to breach of official duty provisions. This means that if you or your appointed deputies are, without reasonable cause, guilty of any act or omission in breach of official duty you (and/or they) are liable on summary conviction to an unlimited fine.1
You have the power to take such steps as you think appropriate to remedy acts or omissions that arise in connection with your electoral functions that are not in accordance with the rules or any other requirements applicable to the election.2
This power allows you to correct procedural errors that you, as PARO, or a Local Returning Officer (LRO), an Electoral Registration Officer, a Presiding Officer or a person providing goods or services to you (or any deputies of any of these) make. This power does not extend to correcting errors made by candidates or agents. For more information on mistakes made during the nomination process by candidates and agents, please see our guidance on the correction of minor errors.
LROs have the same power to correct procedural errors and you should ensure that they consult you before exercising this power.
A procedural error refers to an error someone has made during the process of planning or delivering the election which may affect the election process or result. For example, incorrect information on poll cards or ballot papers, or postal or polling station ballot papers being issued in error or not issued when they should have been. The above examples are not exhaustive and you should contact your local Commission team for support and advice if you think you may have made a mistake that could be corrected using this power. You should also seek your own independent legal advice.
Where you or an LRO use the power to correct procedural errors for the PCC election, you should ensure that the error and corrective action taken is explained to those affected including, where applicable, voters and candidates and agents. You should ensure that you keep a record of:
any errors identified including what the error was and how it occurred
the impact of the error
any advice you or the LRO received (including legal advice)
what measures were taken to correct the error, and how these were communicated
Where you remedy a procedural act or omission in full using this power, you will not be guilty of an offence of breach of official duty.3
You should remember that the power to correct procedural errors does not enable the votes to be recounted once the result has been declared.