The Greater London Authority Elections Rules 2007

PART 8 U.K. Death Of Candidate

Deceased independent candidate U.K.

63.—(1) This rule applies if at a contested election proof is given to the GLRO's satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.

(2) Subject to this rule and rules 65 and 66, these rules apply to the election as if the candidate had not died.

(3) The following provisions of these rules do not apply in relation to the deceased candidate—

(a) rule 33(1)(c) and (d) (admission to polling station),

(b) rule 47(3)(c) to (e) (attendance at count),

(c) rule 58(5) (forfeiture of deposit).

(4) If only two persons are shown as standing nominated in the statement of persons nominated the GLRO must—

(a) if polling has not begun, countermand the notice of poll,

(b) if polling has begun, direct that the poll is abandoned, and

(c) subject to rule 66, treat the election as an uncontested election.

(5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6(5) or (7).

Deceased independent candidate wins U.K.

64.—(1) This rule applies if at an election mentioned in rule 63 either—

(a) the deceased candidate is given a majority of votes in accordance with rules 55(5) or (6),

(b) the deceased candidate is given more than half of all the first preference votes in accordance with rule 55(4)(a), or

(c) the deceased candidate is given the greatest total number of votes following the second calculation in accordance with rule 56.

(2) Rule 57 (declaration of result) does not apply but the GLRO must—

(a) declare that the majority or greatest total number of votes has been given to the deceased candidate,

(b) declare that no person is returned, and

(c) give public notice of the relevant figures supplied to election agents in accordance with rules 56(2) and 57(2) together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(3) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents apply to any documents relating to a poll to which paragraph (1) applies as they would if the election had resulted in a declaration under rule 57.

(4) Rule 58 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates.

(5) The election must be commenced afresh within the period of 35 days (computed in accordance with rule 4) beginning with the day of the election to which paragraph (1) applies.

(6) The proceedings with reference to the recommenced election must be conducted in accordance with these Rules as modified by the following provisions of this rule and the provisions in the By-election timetable.

(7) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated for the election to which paragraph (1) applies, and no other nomination may be made for the recommenced election.

(8) Instead of the information required by rule 5(1)(a) (date by which nomination papers must be received), the notice of election issued at the recommenced election must state that no fresh nomination may be made.

(9) Rule 9 (deposit) does not apply.

Party candidate U.K.

65.—(1) This rule applies if—

(a) at a contested election, proof is given to the GLRO's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and

(b) that person is standing in the name of a registered party.

(2) The GLRO must—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned,

and the provisions of section 39(1) and (5) (local elections void etc. in England and Wales) of the 1983 Act apply in respect of the unfilled vacancy.

(3) For the purposes of this rule—

(a) a person stands in the name of a registered party if his nomination paper contains a description which is authorised as mentioned in rule 6(5) or (7).

(b) a registered party is a party which is registered under Part 2 of the 2000 Act.

Abandoned poll U.K.

66.—(1) This rule applies to—

(a) a poll which is abandoned in pursuance of rule 63(4)(b) as if it were a poll at a contested election, or

(b) a poll which is abandoned in pursuance of rule 65(2)

(2) The presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the CRO of the ballot box and of ballot papers and other documents in his possession as he is required to do on the close of the poll.

(3) The CRO must dispose of the ballot papers and other documents in his possession as he is required to do on the completion of the counting of the votes.

(4) It is not necessary for a ballot paper account to be prepared or verified.

(5) The CRO must take no step or further step for the counting of the ballot papers or of the votes.

(6) The CRO must seal up all the ballot papers (whether the votes on them have been counted or not) and it will not be necessary to seal up counted and rejected ballot papers in separate packets.

(7) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to the modifications in paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order is to be made for—

(a) the production or inspection of any ballot papers, or

(b) for the opening of a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll,

unless the order is made by a court with reference to a prosecution.

(10) The countermand of the notice of poll or abandonment of the poll at the election, will not effect the poll at each relevant election or referendum.