Guidance for Returning Officers administering a Senedd election

Counting agents can be appointed to observe the verification and counting processes.1 You must give appointed counting agents 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

We have developed a form for the notification of appointment of a counting agent for use at Senedd elections. You can find the form for the notification of appointment of a counting agent in the agents section of our resource page. 

Limiting the number of agents in attendance

You are permitted by law to limit the number of counting agents appointed.4 The number that may be appointed by each political party and individual candidate must be the same.5

Unless there are special circumstances, the number 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 political parties and individual candidates standing nominated.6

When determining the maximum number of counting agents, each candidate and agent 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.

When determining the maximum number of counting agents you should also bear in mind that the counting agents for all polls being verified are entitled to attend the verification part of the count.

For more information see our guidance on attendance at the verification and count. 

Secrecy and conduct requirements

Anyone attending the count has a duty to maintain the secrecy of the count. All counting agents must be supplied with the following requirements of secrecy for the count.7

You can find the secrecy requirements in the agents section of our resource page. 

In particular, anyone attending must not:

• ascertain or attempt to ascertain the 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

Calculation of the result and the allocation of seats

Party list, individual candidates and their election agents may attend the calculation and allocation of seats. Additionally, each party list and individual candidate can invite one other person to attend. This person is in attendance as a guest. They have no powers or functions.

For more information on who is permitted to attend the calculation of the result and the allocation of seats, see our guidance on access to the result collation.