Guidance for Returning Officers administering Local Government Elections in England

Procedure for re-issuing as a result of a procedural error

If you have issued incorrect or incomplete postal ballot packs in error, you may be able to re-issue postal ballot packs using your powers to correct a procedural error.1

Depending on the circumstances, you will need to decide whether to re-issue some or all of the postal ballot packs. For example, if an error in collation affected a certain range of packs, only those packs would need to be re-issued.

Decisions about re-issuing as a result of a procedural error should be made on a case-by-case basis. In each case, consideration should be given to the impact that the error and any action to correct it could have on electors. For example, you will need to ensure that any action will rectify the error and not cause unnecessary confusion or result in a different error.

Any decision to take action to rectify a procedural error should be made following legal advice. You should document both the error and any corrective action taken in case there is a challenge to the election and a need to claim against insurance.

Whatever action is taken, you should ensure that any communications to those voters who are affected clearly explain the error and the steps that you are taking to remedy it. You should also notify candidates and agents of the error and your intended corrective action as soon as possible. By being transparent about the problem and the solution you will minimise the risk of a loss of confidence in the administration of the election.

See our guidance on Breach of official duty and power to correct procedural errors for more information on your power to correct procedural errors. When considering using this power, you should contact your local Commission team, who may be able to provide further tailored support to you. 

Record keeping for reissuing after a procedural error

When a postal vote has been re-issued as a result of a procedural error, the original ballot paper must be cancelled, added to the list of cancelled ballot papers, and must not be allowed to go forward to the count.2

Last updated: 19 December 2023