Guidance for Returning Officers administering Local Government Elections in England

When two or more candidates have the same number of votes, and the addition of a vote would entitle any of those candidates to be declared elected, you must decide between the candidates by lot.1

Whichever candidate wins the lot is treated as though they had received an additional vote that enables them to be declared elected.

In the case of multi-member vacancies, where two or more candidates are both elected with an equal number of votes but the election is for different terms of office (e.g. where a casual vacancy election is held at the same time as the scheduled election), a lot should be drawn to determine which candidate will serve the longer of the two terms of office. Where the election is uncontested, the lot should be drawn at the first full council meeting not at the count. 

If a candidate is already elected with a majority, you do not need to draw lots to reconcile an equality of votes between other candidates further down the list of results.

The method of drawing lots is for you to decide. Examples of types of lot include:

• ballot papers, each marked with a vote for one of the candidates with the same number of votes, placed in a container, such as an empty ballot box, mixed around, and then one drawn by you
• slips of paper with the candidates’ names on them, placed in sealed envelopes, shuffled and then drawn by you

You should make an announcement that you intend to proceed with the drawing of lots between the candidates having an equal number of votes, explaining precisely what is about to happen and the method to be used. 

Candidates, agents, Commission representatives and accredited observers should be present during any preparation and the actual drawing of lots.

For example, if you use the first method described above, you should, in full view of any candidates and agents, and in the presence of Commission representatives and accredited observers, fold and place a previously counted ballot paper for each of the candidates with the same number of votes in an empty ballot box. 

An assistant should raise the box to a height where you are unable to see the papers inside the box, but are still able to reach inside to pick one. After mixing, you should draw one of the ballot papers from the box, open it, and read the name of the candidate with the vote marked against their name out loud. That candidate is then adjudged to have been allotted an additional vote.

Similar preparations should be made should you decide to use any other method of drawing lots.

A statement should be added to the result sheet to the effect that:

Following an equality of votes, lots were drawn and, as a consequence, an additional vote was allotted to candidate [insert candidates name]’