Guidance for Police Area Returning Officers administering a Police and Crime Commissioner election in England and Wales
Role and responsibility of other Returning Officers at the elections
When running a PCC election there is the potential for it to be combined with other polls taking place across parts of England and Wales. As a result there could be a number of Returning Officers with responsibility for delivering particular elements of the elections.
Local government elections (including County Council, parish and local and combined [county] authority Mayoral elections), and possibly council tax referendums and neighbourhood planning referendums could be taking place across parts of the country and, as such, there may be some or all voting areas within the police area where the poll for the PCC election will be combined with another poll or polls.
Local government Returning Officer
Local elections are run by the local government Returning Officer, who is normally a senior officer of the local authority and independent of the authority in respect of their electoral functions.1
Where polls are combined, in addition to being responsible for all aspects of the administration of the local government elections, the local government RO will also take on responsibility for the combined elements of the poll, including:2
- the provision of polling stations
- the appointment and training of Presiding Officers and Poll Clerks
- conducting the poll
- the notice of situation of polling stations
- the equipment of polling stations
- the notification of the secrecy requirements at polling stations
- 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 them
- authorisation to order the removal of persons from polling stations
- verification of all ballot papers
- where it has been decided to combine the issue of postal votes:
- 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 votes including the marking the returned postal vote statements on the lists and the verification of the personal identifiers on the returned postal voting statements
At a mayoral, neighbourhood planning or Council Tax referendum, the referendum is the responsibility of the Counting Officer (CO) who is the RO for principal area elections.3
Where only a referendum and the PCC election are combined, you should liaise early on in the planning process with the relevant LRO and CO to discuss responsibility for the combined functions.
County Returning Officers (county ROs)
In areas where county council elections are taking place, the county Returning Officer is an officer of the county council4
and is responsible for all aspects of the administration of the poll in their area. However, in practice county ROs designate a deputy at each district council within the county area to carry out their functions. The appointed deputy RO (DRO) will normally be the Returning Officer for local government elections for that particular district.
Where polls are combined, the local government RO will take on responsibility for the combined elements of the poll described in the bulleted list above.
The county RO has no power of direction, and to effectively deliver the poll across the county positive working relationships need to be cultivated between the county RO and DROs.
Local Returning Officers (LROs)
The Local Returning Officer (LRO) for the PCC election is the person who acts as Returning Officer for local elections in that area.5
They are responsible for running the PCC election at a local level.
Where the PCC election is not combined with any other poll, the LRO will be personally responsible for the conduct of the poll, the issue and receipt of postal ballot papers and the verification and counting of the votes in their voting area (unless the PARO has given notice that they will take on responsibility for the verification and counting of the PCC votes in the voting area).
Where the PCC election is combined with the poll at another election, the LRO will be the same person as the local government RO and will be personally responsible for the following in their voting area:6
- counting the PCC votes for their voting area (unless the PARO has given notice that they will take on responsibility for this)
- transmitting the voting area result to the PARO
- printing the PCC election ballot papers (unless the PARO has given notice that they will take on responsibility for this)
- managing 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)
Returning Officers must also consider the accessibility for voters at polling stations. Our guidance on assistance with voting for disabled people provides further information.
Electoral Registration Officer
The Electoral Registration Officer is responsible for maintaining the register of electors and absent voters’ lists for their local authority area. In England and Wales, the Electoral Registration Officer is normally a senior officer in the local authority and may also be the Returning Officer.
- 1. Section 35 Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 1
- 2. Article 13 and Schedule 4 Police and Crime Commissioner Elections Order 2012 (PCCEO 2012) ↩ Back to content at footnote 2
- 3. Reg 9 The Neighbourhood Planning (Referendums) Regulations 2012 and Reg 15 The Local Authorities (Conduct of Referendums) (Council Tax Increases) England Regulations 2012 ↩ Back to content at footnote 3
- 4. S. 35 RPA 1983 ↩ Back to content at footnote 4
- 5. Art 2 PCCEO 2012 ↩ Back to content at footnote 5
- 6. Para 13, Sch 4 PCCEO 2012 ↩ Back to content at footnote 6