Guidance for Returning Officers administering Local Government Elections in England
Provisional results and recounts
You should be satisfied that the number of votes for each candidate is accurate before proceeding to a provisional result.
All processes should be undertaken within the framework of maximum openness and transparency implemented throughout the various stages of the count so that all candidates and agents can have confidence in the processes and the provisional result you provide.
Once you are satisfied, you must advise candidates and election agents of the provisional result and seek their agreement on the announcement of the result.1 You should make clear that the candidates and agents are entitled to request a recount.
You must give the candidates and agents sufficient time to digest the provisional result before proceeding with the declaration. It is at this point that any candidate or election agent may request to have the votes recounted or, following a recount, recounted again.2
Combined authority and combined county authority mayoral elections
Provisional results
At the conclusion of the count at a combined authority or combined county authority mayoral election, in addition to the candidate and election agent, the designated counting agent for each of the candidates may also request a recount.3
You must also inform the CARO/CCARO of the provisional local totals and seek agreement before moving onto declaring the local totals.4
Recount process
In the planning stage, the CARO/CCARO will have advised youof the processes in place for considering the provisional local total and dealing with requests for recounts.
The CARO/CCARO may direct you to recount the votes after being informed of the provisional local total if they have reason to doubt the accuracy of the counting of votes in your area.5 If a recount has been directed, once that recount is complete, the provisional local total process should begin again.
second half of first slice
You must consider any recount request but by law may refuse if, in your opinion, the request is unreasonable.6 You may, however, consider offering the candidates and agents the opportunity to inspect the bundles of ballot papers as a means of reassuring them that the result is accurate.
Recount procedures
If you agree to recount the votes, you should inform the candidates and agents present at the count before the recount commences and brief them on the processes you are going to follow. As with the original count, you should carry out any recount in full view of those present. You are entitled to reconsider which ballot papers should be rejected during the recount (or any further recount).
You must consult candidates and agents on the revised provisional result in the same way as they were consulted on the provisional result at the conclusion of the first count.7
It is possible to have more than one recount. Again, it is for you to consider any request, and you may refuse if in your opinion the request is unreasonable.
- 1. Rule 46 Schedule 2 Local Elections (Principle Area) (England and Wales) Rules 2006 (LEPAR 2006), Rule 46 Schedule 2 Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (PCR 2006), Rule 53(3) Schedule 1 Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (LAM Rules 2007), Rule 59(8) and (9) Schedule 2 Combined Authorities (Mayoral Elections) Order 2017 (CAM Rules 2017) ↩ Back to content at footnote 1
- 2. Rule 46 Sch 2 LEPAR 2006, Rule 46 Sch 2 PCR 2006, Rule 50 Sch 1 LAM Rules 2007, Rule 59(8) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 2
- 3. Rule 53(1) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 3
- 4. Rule 54(2)(b) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 4
- 5. Rule 57 Sch 1 CAM Rules 2017 ↩ Back to content at footnote 5
- 6. Rule 46(1) Sch 2 LEPAR 2006, Rule 46(1) Sch 2 PCR 2006, Rule 50(1) Sch 1 LAM Rules 2007, Rule 53(1) ) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 6
- 7. Rule 45(7) Sch 2 LEPAR 2006, Rule 45(7) Sch 2 PCR 2006, Rule 51(2) Sch 1 LAM Rules 2007, Rule 59(8) Sch 1 CAM Rules 2017 ↩ Back to content at footnote 7