Guidance for Returning Officers administering Local Government Elections in England
Returning Officer - role and responsibilities
As RO, you play a central role in the democratic process. Your role is to ensure that the election is administered effectively and that, as a result, the experience of voters and those standing for election is a positive one. You should set out at an early stage what you want to achieve and what success would look like for you. You must also consider accessibility for voters at polling stations. Our guidance on assistance with voting for disabled people provides further information.
As RO you are personally responsible for the conduct of a local government election, including:
- publishing the notice of election
- administering the nomination process
- printing the ballot papers
- publishing the notice of poll, statement of persons nominated and notice of situation of polling stations
- the provision of polling stations
- appointing Presiding Officers and Poll Clerks
- managing the postal voting process
- verifying and counting the votes
- declaring the result
Combined Authority and Combined County Authority mayoral elections
As local RO for the combined authority or combined county authority mayoral election you are personally responsible for administering the election in your local authority area, including:
- complying with any directions issued by the CARO/CCARO
- the provision of polling stations
- appointing Presiding Officers and Poll Clerks
- publishing the notice of poll and notice of situation of polling stations
- printing the ballot papers (unless the CARO/CCARO has directed that they will take on responsibility for this)
- managing the postal voting process
- verifying the ballot papers and providing the CARO/CCARO with information
- contained within the verification statement
- counting the votes for your local authority area
- transmitting the local totals to the CARO
- declaring the local totals for your area once the CARO/CCARO has given permission for you to do so
The CARO/CCARO is personally responsible for:
- publishing the notice of election
- administering the nomination process
- publishing the statement of persons nominated
- ensuring that candidates and their agents comply with the requirements relating to the content of their election addresses
- producing and distributing a booklet to every voter containing the candidates’ election addresses
- collating the number of votes given for each candidate and calculating the result
- declaring the result
The CARO/CCARO may also take on responsibility for the printing of the combined authority mayoral ballot papers by issuing a direction to this effect.1
The CARO/CCARO has the power to give general or specific directions to local ROs relating to the discharge of their functions at the combined authority election, including directions requiring ROs to take specified preparatory steps or to provide any information that they have or are entitled to have and directions that the counting of votes shall be conducted at a central location.2 You must comply with any direction you have given.3
Where polls are combined, this power to give directions does not extend to the other election(s) or the combined elements of the poll. In any case, you should liaise closely with other ROs in the combined authority area, as well as the CARO/CCARO, and take into account any guidance issued by the CARO/CCARO in preparing for and delivering the polls as a whole.
We have produced separate guidance for CARO/CCAROs administering a Combined Authority Mayoral election in England.
Combined polls
Where the local government election is combined with the poll at a further electoral event, one RO or Counting Officer will take on responsibility for the combined elements of the poll, including:
- the provision of polling stations
- appointing Presiding Officers and Poll Clerks
- publishing 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 vote envelopes including the marking of the returned postal vote statements on the lists and the verification of the personal identifiers on the returned postal voting statements
Combined authority mayoral election
Where the combined authority or combined county authority mayoral election is not combined with any other poll, the local RO will be personally responsible for the conduct of the poll, including the provision of polling stations,3 the issue and receipt of postal ballot papers4 and the verification and counting of the votes in their area.5
Where the poll at a mayoral referendum is combined with the poll at a local government election, the RO for the local government election will take on the functions of the CO at the referendum.6
Continued
Your duties as RO are separate from your duties as a local government officer. As RO you are not responsible to the local authority but are directly accountable to the courts as an independent statutory office holder.
While you can appoint one or more persons to discharge any or all of your functions as RO, you cannot delegate your personal responsibility for delivering the election.7 You can find further information in our guidance on the appointment of deputies.
- 1. Article 6(2), Combined Authorities (Mayoral Elections) Order 2017 (CAM Rules 2017) ↩ Back to content at footnote 1
- 2. Article 6(2), CAM Rules 2017. ↩ Back to content at footnote 2
- 3. Article 6(3), CAM Rules 2017. ↩ Back to content at footnote 3
- 3. Rule 25, Sch 1 CAM Order 2017 ↩ Back to content at footnote 3
- 4. Part 5 Representation of the People Regulations 2001 (RPR 2001) (as applied and modified by articles 3(2), (3)(e) and (4)(c) and 2, CAM Order 2017). ↩ Back to content at footnote 4
- 5. Rules 46 to 59, Sch 1 CAM Order 2017 ↩ Back to content at footnote 5
- 6. Rule 2, Schedule 5, Local Authority (Conduct of Referendums) (England) Regulations 2012 (CRR 2012) ↩ Back to content at footnote 6
- 7. S. 35(4), 63(1) and (3)(b) RPA 1983 ↩ Back to content at footnote 7