Guidance for Returning Officers administering Local Government Elections in England
Who can attend?
The following people are entitled by law to attend the verification and count:1
- you and your staff
- candidates
- one guest per candidate
- election agents
- counting agents
- Commission representatives
- accredited observers
- any other person permitted by you, as RO, to attend
- You need to be satisfied that it will not impede the verification or efficient counting of votes and that you have either consulted the election agents or thought it impracticable to do so.2
- You need to be satisfied that it will not impede the verification or efficient counting of votes and that you have either consulted the election agents or thought it impracticable to do so.2
Mayoral referendums
At a mayoral referendum, the elected mayor (if any) may also attend the verification and count.3
At a combined authority/combined county authority mayoral election the following may also attend the verification and count:4
- the CARO/CCARO and their staff
- a sub-agent (but only in place of the election agent)
Where two or more polls are combined, those who are entitled to be present at the verification will include those who are entitled to be present at the verification for each of the other elections or referendums.5
Once the verification has been completed, only those who are entitled to observe the relevant count are entitled, by right, to be present at the counting of the votes for the particular election or referendum. The relevant Returning or Counting Officer can however also permit others to attend.
secon half
You should take all necessary steps to ensure that anyone attending does not interfere with or compromise the secrecy of the vote. You are legally required to make such arrangements as you think fit to ensure that all attendees are provided with a copy of the relevant secrecy requirements.6
You have a legal duty to give counting agents reasonable facilities for overseeing the verification and counting of the votes. You should ensure that anyone who is entitled to attend has an unrestricted view of the proceedings, without being able to interfere with the work of your staff.7
There is no requirement for those attending to arrive by a certain time. You should have a process in place to ensure that, those entitled to attend can be admitted whenever they arrive. This process should also allow any attendee who wishes to leave and return later to do so.
Local authority mayoral elections
- 1. Rule 44(2) Schedule 2 Principal Areas Rules 2006 (LEPAR 2006), Rule 44(2) Schedule 2 Parishes and Communities Rules 2006 (PCR 2006), Rule 46(2) Schedule 1 Mayoral Elections Rules 2007 (LAM Rules 2007), Rule 46(3) and 49(2) Schedule 1 Combined Authorities Mayoral Rules 2017 (CAM Rules 2017) ↩ Back to content at footnote 1
- 2. Rule 44(3) Sch 2 LEPAR 2006, Rule 44(3) Sch 2 PCR 2006, Rule 46(3) Sch 2 LAM Rules 2007, Rule 46(3) and 49(3) Sch 2 CAM Rules 2017 ↩ Back to content at footnote 2
- 3. Rule 37(3) Schedule 3 Local Authorities (Conduct of Referendums) (England) Regulations 2012 (CRR 2012), ↩ Back to content at footnote 3
- 4. Rule 49(1) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 4
- 5. Rule 44 Sch 3 LEPAR 2006, Rule 44 Sch 3 PCR 2006, Rule 46 Sch 3 LAM Rules 2007, Rule 46 Sch 3 CAM Rules 2017 ↩ Back to content at footnote 5
- 6. Rule 28 Sch 2 LEPAR 2006, Rule 28 Sch 2 PCR 2006, Rule 30 Sch 1 LAM Rules 2007, Rule 30 Sch 1 CAM Rules 2017 ↩ Back to content at footnote 6
- 7. Rule 44 Sch 2 LEPAR 2006, Rule 44 Sch 2 PCR 2006, Rule 46 Sch 1 LAM Rules 2007, Rule 46(5) and 49(4) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 7