The European Parliamentary Elections Regulations 2004

[F1 Procedure at verification of ballot paper accounts E+W+S

51.— (1) The local returning officer must in the presence of the counting agents—

(a) open each ballot box and count and record the number of ballot papers in it and verify each ballot paper account; and

(b) count such of the postal ballot papers as have been duly returned and record the number counted.

(2) A postal ballot paper must not be deemed to be duly returned unless—

(a) it is returned in the manner prescribed in paragraph 55 of Schedule 2 so as to reach the local returning officer or any polling station in the local counting area in question before the close of the poll;

(b) the postal voting statement duly signed is also returned in that manner before that time;

(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be); and

(d) in a case where steps for verifying the date of birth and signature of an elector or proxy have been taken under paragraphs 63 or 64 of Schedule 2, the local returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).

(3) The local returning officer must not count any tendered ballot paper.

(4) The local returning officer, while counting and recording the number of ballot papers, must keep the ballot papers with their faces downwards.

(5) The local returning officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting agent may copy.

(6) The local returning officer must determine the hours during which the procedure under this rule is proceeded with.

(7) The local returning officer must take proper precautions for the security of the ballot papers and documents.

(8) On completion of the procedure under this rule, the local returning officer must—

(a) place the ballot papers and other documents relating to the election in packets under his own seal and the seals of such counting agents as desire to affix their seals, unless he proceeds immediately to the counting of the votes under rule 53;

(b) otherwise take proper precautions for the security of the papers and documents; and

(c) inform the returning officer of the total number of ballot papers counted.]

Textual Amendments

F1 Sch. 1 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 39, Sch. 2