The Local Elections (Wales) (Amendment) Rules 2026

• Citation: S.I. 2026/84 (W.)
• Sections: 109

Section 1 Title, coming into force and transitional provision

(1) The title of these Rules is the Local Elections (Wales) (Amendment) Rules 2026.

(2) These Rules come into force on 13 March 2026.

(3) Despite the coming into force of these Rules under paragraph (2), they do not have effect in relation to—

(a) the conduct of an election of councillors to a county or county borough council if, in the event of an election being contested, the poll would take place before 6 May 2027;

(b) the conduct of an election of councillors to a community council if, in the event of the election being contested, the poll would take place before 6 May 2027.

Section 2 Interpretation

In these Rules—

“ the 1983 Act ” (“ Deddf 1983 ”) means the Representation of the People Act 1983;

“ the Communities Rules ” (“y Rheolau Cymunedau ”) means the Local Elections (Communities) (Wales) Rules 2021 ;

“ the Principal Areas Rules ” (“y Rheolau Prif Ardaloedd ”) means the Local Elections (Principal Areas) (Wales) Rules 2021 .

Section 3 Schedule 1 to the Principal Areas Rules

Schedule 1 to the Principal Areas Rules (rules for conduct of an election of councillors for a principal area where poll is not taken together with poll at another election) is amended in accordance with rules 4 to 30.

Section 4

In rule 6 (nomination papers: descriptions), for paragraph (4)(b) substitute—

(b) the description—

(i) consists of the registered name of each of the parties shown in either or both of the versions described in paragraph (5), or

(ii) is a description registered for use by each of the parties under section 28B of the Political Parties, Elections and Referendums Act 2000 (joint descriptions), and

Section 5

In rule 16 (correction of minor errors in nomination papers or home address forms), omit paragraph (2)(a).

Section 6

In rule 17 (inspection of nomination papers), after paragraph (3) insert—

(4) Where nomination papers have been delivered in accordance with the electronic delivery statement, the returning officer must take reasonable steps to ensure that they can be accessed for the purposes of inspecting them.

Section 7

In rule 18 (inspection of home address forms), after paragraph (2) insert—

(2A) Where a home address form has been delivered in accordance with the electronic delivery statement, the returning officer must take reasonable steps to ensure that the persons mentioned in paragraph (1) can access that form for the purposes of inspecting it.

Section 8

In rule 22 (the ballot papers), after paragraph (4)(a) insert—

(aa) where a candidate has elected to use the word “Wales”, “Welsh”, “Cymru” or “Cymreig” in a description as set out in rules 6(7) and 7, display that word or those words on the ballot paper,

Section 9

In rule 26 (use of schools and public rooms), after paragraph (2) insert—

(3) The use of a room in an unoccupied building for the purpose of taking the poll or counting the votes, does not render a person liable to pay any council tax or non-domestic rates.

Section 10

In rule 30 (appointment of presiding officers and clerks), in paragraph (5) after “except ordering the” insert “arrest,” .

Section 11

In rule 32 (equipment of polling stations)—

(a) after paragraph (3) insert—

(3A) The documents provided in accordance with paragraph (3)(b), (d) and (e) may be provided in paper form or electronic form.

(b) for paragraph (6)(b) substitute—

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 42, including in relation to voting secretly.

(c) after paragraph (6) insert—

(6A) In this rule, “ relevant persons ” means persons who find it difficult or impossible to vote in the manner directed by rule 42 because of—

(a) severe sight impairment or partial sight, or

(b) other disability.

(d) omit paragraph (8);

(e) in paragraph (11)(a), for “box” substitute “voting box” ;

(f) in paragraph (11)(b), for “box” substitute “voting box” ;

(g) in paragraph (12)(a), in the Welsh language text, for “blwch pleidleisio” substitute “bocs pleidleisio” ;

(h) after paragraph (12) insert—

(13) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (6)(b).

(14) Before giving guidance under paragraph (13), the Electoral Commission must consult such persons, including bodies representing the interests of relevant persons, as it considers appropriate.

(15) In performing the duty imposed by paragraph (6)(b), a returning officer must have regard to guidance given under paragraph (13).

Section 12

In rule 33 (appointment of polling and counting agents)—

(a) in paragraph (8)(a), for “and addresses” substitute “, postal addresses and e-mail addresses, where available,” ;

(b) in paragraph (9)(b), for “and address” substitute “, postal address and e-mail address, where available” .

Section 13

In rule 34 (polling and counting agents: supplemental provision), after paragraph (3) insert—

(3A) Any notice required to be given to a counting agent by the returning officer may be sent to the postal or e-mail address provided in the notice of appointment.

Section 14

In rule 39(3)(b) (sealing of ballot boxes), for “returning officer’s” substitute “presiding officer’s” .

Section 15

For rule 40 (questions that may be put to voters) substitute—

Questions to be put to voters

(40)

(1) At the time of an application for a ballot paper, but not afterwards, the presiding officer may put to any person described in column (1) of Table 1 (set out in paragraph (4)) or in column (1) of Table 2 (set out in paragraph (5)), one or more of the questions set out in the corresponding entries in columns (2) and (3).

(2) If required to do so by a candidate or the candidate’s election or polling agent, the presiding officer must put to any person described in column (1) of Table 1, one or more of the questions set out in the corresponding entries in columns (2) and (3).

(3) A question may be asked in English (as set out in column (2) of the Tables) or Welsh (as set out in column (3) of the Tables).

(4) Table 1 sets out the questions that a presiding officer may put under paragraph (1) and that a candidate, or a candidate’s election or polling agent, may require to be put under paragraph (2).

A person applying as an elector

1(a) “Are you the person registered in the register of local government electors for this election as follows?”

Notes to 1(a)

The presiding officer must then read the whole entry from the copies of the registration records.

1(b) “Have you already voted, in this or another electoral ward, at the election of councillors for this county/county borough, otherwise than as proxy for some other person?”

Notes to 1(b)

The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

1(a) “Ai chi yw’r person sydd wedi ei gofrestru yn y gofrestr etholwyr llywodraeth leol ar gyfer yr etholiad hwn fel a ganlyn?”

Nodiadau ar 1(a)

Yna rhaid i’r swyddog llywyddu ddarllen y cofnod cyfan o’r copïau o’r cofnodion cofrestru.

1(b) “Ydych chi eisoes wedi pleidleisio, yn y ward etholiadol hon neu mewn ward etholiadol arall, yn yr etholiad ar gyfer cynghorwyr i’r sir/fwrdeistref sirol hon, heblaw fel dirprwy ar ran rhyw berson arall?”

Nodiadau ar 1(b)

Rhaid i’r swyddog llywyddu ddweud naill ai “sir” neu “fwrdeistref sirol”, fel y bo’n briodol. Caniateir hepgor y geiriau “, yn y ward etholiadol hon neu mewn ward etholiadol arall,” os oes etholiad yn digwydd mewn un ward etholiadol yn unig.

A person applying as a proxy for an elector other than an elector who has an anonymous entry

2(a) “Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD?”

2(b) “Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, as proxy on behalf of CD?”

2(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD?”

Notes to 2(a) to (c)

Where a question refers to AB, the presiding officer reads out the name as it appears in the list of proxies. Where a question refers to CD, the presiding officer reads out the name of the elector.

Note to 2(b)

The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

2(a) “Ai chi yw’r person y mae ei enw’n ymddangos fel AB yn y rhestr dirprwyon ar gyfer yr etholiad hwn fel person sydd â hawl i bleidleisio fel dirprwy ar ran CD?”

2(b) “Ydych chi eisoes wedi pleidleisio, yn y ward etholiadol hon neu mewn ward etholiadol arall, yn yr etholiad ar gyfer cynghorwyr i’r sir/fwrdeistref sirol, fel dirprwy ar ran CD?”

2(c) “Ai chi yw priod, partner sifil, rhiant, taid/tad-cu neu nain/mam-gu, brawd, chwaer, plentyn, ŵyr neu wyres CD?”

Nodiadau ar 2(a) i (c)

Pan fo cwestiwn yn cyfeirio at AB, mae’r swyddog llywyddu’n darllen yr enw fel y mae’n ymddangos yn y rhestr dirprwyon. Pan fo cwestiwn yn cyfeirio at CD, mae’r swyddog llywyddu yn darllen enw’r etholwr.

Nodyn ar 2(b)

Rhaid i’r swyddog llywyddu ddweud naill ai “sir” neu “fwrdeistref sirol”, fel y bo’n briodol. Caniateir hepgor y geiriau “, yn y ward etholiadol hon neu mewn ward etholiadol arall,” os oes etholiad yn digwydd mewn un ward etholiadol yn unig.

A person applying as proxy for an elector who has an anonymous entry, instead of the questions at entry 2

3(a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is [X]?”

3(b) “Have you already voted as proxy on behalf of the elector whose number on the register of electors is [X]?”

3(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the elector whose number on the register of electors is [X]?”

Note to 3(a) to (c)

Where the questions in this entry refer to [X], the presiding officer must read the elector’s number from the copies of the registration records.

3(a) “Ai chi yw’r person sydd â hawl i bleidleisio fel dirprwy ar ran yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”

3(b) “Ydych chi eisoes wedi pleidleisio fel dirprwy ar ran yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”

3(c) “Ai chi yw priod, partner sifil, rhiant, taid/tad-cu neu nain/mam-gu, brawd, chwaer, plentyn, ŵyr neu wyres yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”

Nodyn ar 3(a) i (c)

Pan fo’r cwestiynau yn y cofnod hwn yn cyfeirio at [X], rhaid i’r swyddog llywyddu ddarllen rhif yr etholwr o’r copïau o’r cofnodion cofrestru.

A person applying as proxy who has been asked the question numbered 2(c) or 3(c) and has not answered “yes”

4 “Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?”

Note to 4

The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

4 “Ydych chi eisoes wedi pleidleisio, yn y ward etholiadol hon neu mewn ward etholiadol arall, yn yr etholiad ar gyfer cynghorwyr i’r sir/fwrdeistref sirol, ar ran dau berson nad ydych yn briod, yn bartner sifil, yn rhiant, yn daid/tad-cu neu’n nain/mam-gu, yn frawd, yn chwaer, yn blentyn, yn ŵyr neu’n wyres iddynt?”

Nodyn ar 4

Rhaid i’r swyddog llywyddu ddweud naill ai “sir” neu “fwrdeistref sirol”, fel y bo’n briodol. Caniateir hepgor y geiriau “, yn y ward etholiadol hon neu mewn ward etholiadol arall,” os oes etholiad yn digwydd mewn un ward etholiadol yn unig.

(5) Table 2 sets out the questions that a presiding officer may put under paragraph (1) but cannot be required to put under paragraph (2).

A person applying as an elector in relation to whom there is an entry in the postal voters list

1(a) “Did you apply to vote by post?”

1(b) “Why have you not voted by post?”

1(a) “Wnaethoch chi gais i bleidleisio drwy’r post?”

1(b) “Pam nad ydych chi wedi pleidleisio drwy’r post?”

A person applying as proxy who is named in the proxy postal voters list

2(a) “Did you apply to vote by post as proxy?”

2(b) “Why have you not voted by post as proxy?”

2(a) “Wnaethoch chi gais i bleidleisio drwy’r post fel dirprwy?”

2(b) “Pam nad ydych chi wedi pleidleisio drwy’r post fel dirprwy?”

(6) A ballot paper must not be given to any person required to answer one or more of the questions in Table 1 or 2 unless the person has answered the question or questions satisfactorily.

(7) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

(8) In this rule, “ the copies of the registration records ” means the copies provided by the returning officer for the polling station under rule 32(3)(b) and (c) (copies of the relevant register of electors and copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act relating to the relevant register of electors).

Section 16

In rule 43(1)(a) (voters with a disability or unable to read: marking of votes by presiding officer), for “blindness” substitute “severe sight impairment” .

Section 17

In rule 44 (voters with a disability or unable to read: assistance of companions)—

(a) in paragraph (1), for “blindness” substitute “severe sight impairment” ;

(b) in paragraph (2), for “blindness” substitute “severe sight impairment” ;

(c) in paragraph (3), for “blindness” substitute “severe sight impairment” ;

(d) in paragraph (6)(a), for “blindness” substitute “severe sight impairment” .

Section 18

In rule 46(1) (tendered ballot papers: circumstances where available), in the opening words, after “the poll” insert “in accordance with rule 40,” .

Section 19

In rule 51 (procedure on close of poll)—

(a) for paragraph (2) substitute—

(2) In the presence of any polling agents who are in the polling station, the presiding officer must—

(a) seal each ballot box in use at the polling station so as to prevent the introduction of additional ballot papers, using the presiding officer’s seal and the seals of any polling agents who wish to affix their seals, and

(b) attach any ballot box key to the ballot box.

(b) after paragraph (3)(f) insert—

(g) the postal ballot papers and postal voting statements which have been returned by hand to the polling station, unless previously collected in accordance with regulation 79(4) of the Representation of the People (England and Wales) Regulations 2001 .

(c) in paragraph (3A), for “or (f)” substitute “, (f) or (g)” ;

(d) after paragraph (3B) insert—

(3C) Documents sealed in accordance with paragraphs (3)(c) and (d) and (3B) may be sealed in physical packets or electronic packets, and seals that are applied to those packets may be applied physically or electronically, as appropriate.

Section 20

In rule 60 (declaration of result)—

(a) after paragraph (1) insert—

(1A) The declaration made by the returning officer in accordance with paragraph (1) must be made in Welsh and English.

(b) in paragraph (3), in the opening words, after “notice” insert “, in Welsh and English,” ;

(c) after paragraph (3) insert—

(4) For the purposes of paragraphs (1) and (3), where the statement of persons nominated shows a candidate’s commonly used forenames or surnames, the returning officer may use those commonly used forenames or surnames to make the declaration, and give notice, of the election results.

Section 21

In rule 60W (declaration of result at contested election)—

(a) after paragraph (1) insert—

(1A) The declaration made by the returning officer in accordance with paragraph (1) must be made in Welsh and English.

(b) in paragraph (3), in the opening words, after “notice” insert “, in Welsh and English,” ;

(c) after paragraph (3) insert—

(4) For the purposes of paragraphs (1) and (3), where the statement of persons nominated shows a candidate’s commonly used forenames or surnames, the returning officer may use those commonly used forenames or surnames to make the declaration, and give notice, of the election results.

Section 22

In rule 62 (delivery of documents to registration officer at contested elections)—

(a) in paragraph (2), in the opening words, after “must” insert “securely” ;

(b) after paragraph (2) insert—

(3) In relation to each packet, the returning officer must provide—

(a) a description of the contents of the packet,

(b) the date of election to which the packet relates, and

(c) the name of the electoral ward for which the election was held.

(4) The registration officer must make arrangements to—

(a) securely store all documents received in accordance with this rule, and

(b) prevent any unauthorised access to those documents.

Section 23

In Appendix 1 (form of nomination paper), for the table in section 4 (candidate’s statement of party membership) substitute—

The dates during the 12 months period when you were a member (using the format dd/mm/yyyy to dd/mm/yyyy)

You do not need to complete the table if you have included a permitted party description in section 3 and have not been a member of any registered political party during the 12 months period other than the party or parties to which the description relates.

If you were a member of a party at the start of the period, the date provided in the From column will be the start of the period.

If you joined a party during the period, the date provided in the From column will be the date you joined the party.

If you ceased to be a member of a party during the period, the date provided in the To column will be the date on which you left the party.

If you remain a member of a party when you sign the form, you can insert “now” in the To column instead of a date.

Section 24

In Appendix 2 (ballot paper)—

(a) in the form of front of ballot paper—

(i) in the first paragraph, after “[insert the name of the county or county borough council]” insert “– [insert name of ward]” ;

(ii) in the second paragraph—

(aa) for “the box next to your choice” substitute “the voting box next to your choice” ;

(bb) for “the box next to each of your choices” substitute “the voting box next to each of your choices” ;

(iii) the candidates’ names are amended as follows—

(aa) for “JAMES, Lisa” substitute “THOMAS, Rhiannon” ;

(bb) for “THOMAS, Gareth” substitute “SINGH, Mushaq” ;

(cc) for “THOMAS RICHARDS, Angharad” substitute “DAVID, Brandon” ;

(dd) for “WYATT, Cath” substitute “PAINTER, Heather” ;

(b) in the form of back of ballot paper, in the form of direction as to printing the ballot paper—

(i) in paragraph 3(a), after “[insert the name of the county or county borough council]” insert “– [insert name of ward]” ;

(ii) in paragraph 3(b)—

(aa) for “the box next to your choice” substitute “the voting box next to your choice” ;

(bb) for “the box next to each of your choices” substitute “the voting box next to each of your choices” .

Section 25

In Appendix 2A (ballot paper), in the form of front of ballot paper, the candidates’ names are amended as follows—

(a) for “JAMES, Lisa” substitute “THOMAS, Rhiannon” ;

(b) for “KAY, Michael” substitute “EVANS, Paul David” ;

(c) for “THOMAS, Gareth” substitute “SINGH, Mushaq” ;

(d) for “THOMAS RICHARDS, Angharad” substitute “BRANDON, David” ;

(e) for “WILLIAMS, Sian” substitute “WILLIAMS, Claire” ;

(f) for “WYATT, Cath” substitute “PAINTER, Heather” ;

(g) for “XERRI, Matthew” substitute “SMITH, Joan Hazel” .

Section 26

In Appendix 4 (form of postal voting statement), in the instructions on marking the ballot paper and completing the postal voting statement, in both versions of instruction 2, for “box” substitute “voting box” .

Section 27

In Appendix 5 (poll cards)—

(a) in the official poll card to be sent or delivered to an elector voting in person, on the back of card, in the second paragraph, for “box” substitute “voting box” ;

(b) in the official proxy poll card to be sent or delivered to a proxy voting in person, on the back of card, in the third paragraph, for “box” substitute “voting box” .

Section 28

In Appendix 6 (guidance for voters)—

(a) in direction 2, for “box” substitute “voting box” ;

(b) at the end of the form, after the final paragraph, insert—

Voting is secret. Do not let anyone see how you have voted.

If you make a mistake or need some help, just ask the staff.

Section 29

In Appendix 6A (guidance for voters), at the end of the form, after the final paragraph, insert—

Voting is secret. Do not let anyone see how you have voted.

If you make a mistake or need some help, just ask the staff.

Section 30

In Appendix 8 (form of declaration to be made by the companion of a voter with disabilities)—

(a) in the title of the form, for “disabilities” substitute “severe sight impairment or other disability or inability to read” ;

(b) in the first paragraph, after “[insert name of voter being assisted]” insert “ ** ” ;

(c) in the third paragraph, for “disabilities” substitute “severe sight impairment or other disability or inability to read” ;

(d) in the asterisked paragraph, for “disabilities” substitute “severe sight impairment or other disability or inability to read” ;

(e) after the asterisked paragraph insert—

** The name of the voter is not to be added when the voter has an anonymous entry. Instead, only the voter’s number is to be added ( see note 3 ).

(f) in the notes to the form of declaration to be made by the companion of a voter with disabilities—

(i) in the heading of the notes, for “disabilities” substitute “severe sight impairment or other disability or inability to read” ;

(ii) for note 1 substitute—

(1) The voter’s number is that person’s number in the register to be used at the election or, pending publication of the register, that person’s number, if any, in the electors lists for that register. The voter’s number can be found on the poll card which was sent to them shortly after the election was announced or can be checked by contacting the registration officer.

(iii) after note 2 insert—

(3) Where the voter has an anonymous entry, only the voter’s number in the copies of the registration records, and not the voter’s name, is to be entered in the list of voters with disabilities assisted by companions.

Section 31 Schedule 2 to the Principal Areas Rules

Schedule 2 to the Principal Areas Rules (rules for conduct of an election of councillors for a principal area where poll is taken together with poll at a relevant election) is amended in accordance with rules 32 to 58.

Section 32

In rule 6 (nomination papers: descriptions), for paragraph (4)(b) substitute—

(b) the description—

(i) consists of the registered name of each of the parties shown in either or both of the versions described in paragraph (5), or

(ii) is a description registered for use by each of the parties under section 28B of the Political Parties, Elections and Referendums Act 2000 (joint descriptions), and

Section 33

In rule 16 (correction of minor errors in nomination papers or home address forms), omit paragraph (2)(a).

Section 34

In rule 17 (inspection of nomination papers), after paragraph (3) insert—

(4) Where nomination papers have been delivered in accordance with the electronic delivery statement, the returning officer must take reasonable steps to ensure that they can be accessed for the purposes of inspecting them.

Section 35

In rule 18 (inspection of home address forms), after paragraph (2) insert—

(2A) Where a home address form has been delivered in accordance with the electronic delivery statement, the returning officer must take reasonable steps to ensure that the persons mentioned in paragraph (1) can access that form for the purposes of inspecting it.

Section 36

In rule 22 (the ballot papers), after paragraph (4)(a) insert—

(aa) where a candidate has elected to use the word “Wales”, “Welsh”, “Cymru” or “Cymreig” in a description as set out in rules 6(7) and 7, display that word or those words on the ballot paper,

Section 37

In rule 26 (use of schools and public rooms), after paragraph (2) insert—

(3) The use of a room in an unoccupied building for the purpose of taking the poll or counting the votes, does not render a person liable to pay any council tax or non-domestic rates.

Section 38

In rule 30 (appointment of presiding officers and clerks), in paragraph (5) after “except ordering the” insert “arrest,” .

Section 39

In rule 32 (equipment of polling stations)—

(a) after paragraph (5) insert—

(5A) The documents provided in accordance with paragraph (5)(b), (d) and (e) may be provided in paper form or electronic form.

(b) for paragraph (8)(b) substitute—

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 42, including in relation to voting secretly.

(c) after paragraph (8) insert—

(8A) In this rule, “ relevant persons ” means persons who find it difficult or impossible to vote in the manner directed by rule 42 because of—

(a) severe sight impairment or partial sight, or

(b) other disability.

(d) omit paragraph (10);

(e) in paragraph (13)(a), for “box” substitute “voting box” ;

(f) in paragraph (13)(b), for “box” substitute “voting box” ;

(g) in paragraph 13A(a), in the Welsh language text, for “blwch pleidleisio” substitute “bocs pleidleisio” ;

(h) after paragraph (14) insert—

(15) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (8)(b).

(16) Before giving guidance under paragraph (15), the Electoral Commission must consult such persons, including bodies representing the interests of relevant persons, as it considers appropriate.

(17) In performing the duty imposed by paragraph (8)(b), a returning officer must have regard to guidance given under paragraph (15).

Section 40

In rule 33 (appointment of polling and counting agents)—

(a) in paragraph (8)(a), for “and addresses” substitute “, postal addresses and e-mail addresses, where available,” ;

(b) in paragraph (9)(b), for “and address” substitute “, postal address and e-mail address, where available” .

Section 41

In rule 34 (polling and counting agents: supplemental provision), after paragraph (3) insert—

(3A) Any notice required to be given to a counting agent by the returning officer may be sent to the postal or e-mail address provided in the notice of appointment.

Section 42

In rule 39(3)(b) (sealing of ballot boxes), for “returning officer’s” substitute “presiding officer’s” .

Section 43

For rule 40 (questions that may be put to voters) substitute—

Questions to be put to voters

(40)

(1) At the time of an application for a ballot paper, but not afterwards, the presiding officer may put to any person described in column (1) of Table 1 (set out in paragraph (4)) or in column (1) of Table 2 (set out in paragraph (5)), one or more of the questions set out in the corresponding entries in columns (2) and (3).

(2) If required to do so by a candidate or the candidate’s election or polling agent, the presiding officer must put to any person described in column (1) of Table 1, one or more of the questions set out in the corresponding entries in columns (2) and (3).

(3) A question may be asked in English (as set out in column (2) of the Tables) or Welsh (as set out in column (3) of the Tables).

(4) Table 1 sets out the questions that a presiding officer may put under paragraph (1) and that a candidate, or a candidate’s election or polling agent, may require to be put under paragraph (2).

A person applying as an elector

1(a) “Are you the person registered in the register of local government electors for this election as follows?”

Notes to 1(a)

The presiding officer must then read the whole entry from the copies of the registration records.

1(b) “Have you already voted, in this or another electoral ward, at the election of councillors for this county/county borough, otherwise than as proxy for some other person?”

Notes to 1(b)

The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

1(a) “Ai chi yw’r person sydd wedi ei gofrestru yn y gofrestr etholwyr llywodraeth leol ar gyfer yr etholiad hwn fel a ganlyn?”

Nodiadau ar 1(a)

Yna rhaid i’r swyddog llywyddu ddarllen y cofnod cyfan o’r copïau o’r cofnodion cofrestru.

1(b) “Ydych chi eisoes wedi pleidleisio, yn y ward etholiadol hon neu mewn ward etholiadol arall, yn yr etholiad ar gyfer cynghorwyr i’r sir/fwrdeistref sirol hon, heblaw fel dirprwy ar ran rhyw berson arall?”

Nodiadau ar 1(b)

Rhaid i’r swyddog llywyddu ddweud naill ai “sir” neu “fwrdeistref sirol”, fel y bo’n briodol. Caniateir hepgor y geiriau “, yn y ward etholiadol hon neu mewn ward etholiadol arall,” os oes etholiad yn digwydd mewn un ward etholiadol yn unig.

A person applying as a proxy for an elector other than an elector who has an anonymous entry

2(a) “Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD?”

2(b) “Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, as proxy on behalf of CD?”

2(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD?”

Notes to 2(a) to (c)

Where a question refers to AB, the presiding officer reads out the name as it appears in the list of proxies. Where a question refers to CD, the presiding officer reads out the name of the elector .

Note to 2(b)

The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

2(a) “Ai chi yw’r person y mae ei enw’n ymddangos fel AB yn y rhestr dirprwyon ar gyfer yr etholiad hwn fel person sydd â hawl i bleidleisio fel dirprwy ar ran CD?”

2(b) “Ydych chi eisoes wedi pleidleisio, yn y ward etholiadol hon neu mewn ward etholiadol arall, yn yr etholiad ar gyfer cynghorwyr i’r sir/fwrdeistref sirol, fel dirprwy ar ran CD?”

2(c) “Ai chi yw priod, partner sifil, rhiant, taid/tad-cu neu nain/mam-gu, brawd, chwaer, plentyn, ŵyr neu wyres CD?”

Nodiadau ar 2(a) i (c)

Pan fo cwestiwn yn cyfeirio at AB, mae’r swyddog llywyddu’n darllen yr enw fel y mae’n ymddangos yn y rhestr dirprwyon. Pan fo cwestiwn yn cyfeirio at CD, mae’r swyddog llywyddu yn darllen enw’r etholwr .

Nodyn ar 2(b)

Rhaid i’r swyddog llywyddu ddweud naill ai “sir” neu “fwrdeistref sirol”, fel y bo’n briodol. Caniateir hepgor y geiriau “, yn y ward etholiadol hon neu mewn ward etholiadol arall,” os oes etholiad yn digwydd mewn un ward etholiadol yn unig.

A person applying as proxy for an elector who has an anonymous entry, instead of the questions at entry 2

3(a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is [X]?”

3(b) “Have you already voted as proxy on behalf of the elector whose number on the register of electors is [X]?”

3(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the elector whose number on the register of electors is [X]?”

Note to 3(a) to (c)

Where the questions in this entry refer to [X], the presiding officer must read the elector’s number from the copies of the registration records.

3(a) “Ai chi yw’r person sydd â hawl i bleidleisio fel dirprwy ar ran yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”

3(b) “Ydych chi eisoes wedi pleidleisio fel dirprwy ar ran yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”

3(c) “Ai chi yw priod, partner sifil, rhiant, taid/tad-cu neu nain/mam-gu, brawd, chwaer, plentyn, ŵyr neu wyres yr etholwr sydd â’r rhif [X] yn y gofrestr etholwyr?”

Nodyn ar 3(a) i (c)

Pan fo’r cwestiynau yn y cofnod hwn yn cyfeirio at [X], rhaid i’r swyddog llywyddu ddarllen rhif yr etholwr o’r copïau o’r cofnodion cofrestru.

A person applying as proxy who has been asked the question numbered 2(c) or 3(c) and has not answered “yes”

4 “Have you already voted, in this or another electoral ward,

at the election of councillors for the county/county borough, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?”

Note to 4

The presiding officer must say either “county” or “county borough”, as appropriate. The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

4 “Ydych chi eisoes wedi pleidleisio, yn y ward etholiadol hon neu mewn ward etholiadol arall,

yn yr etholiad ar gyfer cynghorwyr i’r sir/fwrdeistref sirol, ar ran dau berson nad ydych yn briod, yn bartner sifil, yn rhiant, yn daid/tad-cu neu’n nain/mam-gu, yn frawd, yn chwaer, yn blentyn, yn ŵyr neu’n wyres iddynt?”

Nodyn ar 4

Rhaid i’r swyddog llywyddu ddweud naill ai “sir” neu “fwrdeistref sirol”, fel y bo’n briodol. Caniateir hepgor y geiriau “, yn y ward etholiadol hon neu mewn ward etholiadol arall,” os oes etholiad yn digwydd mewn un ward etholiadol yn unig.

(5) Table 2 sets out the questions that a presiding officer may put under paragraph (1) but cannot be required to put under paragraph (2).

A person applying as an elector in relation to whom there is an entry in the postal voters list

1(a) “Did you apply to vote by post?”

1(b) “Why have you not voted by post?”

1(a) “Wnaethoch chi gais i bleidleisio drwy’r post?”

1(b) “Pam nad ydych chi wedi pleidleisio drwy’r post?”

A person applying as proxy who is named in the proxy postal voters list

2(a) “Did you apply to vote by post as proxy?”

2(b) “Why have you not voted by post as proxy?”

2(a) “Wnaethoch chi gais i bleidleisio drwy’r post fel dirprwy?”

2(b) “Pam nad ydych chi wedi pleidleisio drwy’r post fel dirprwy?”

(6) A ballot paper must not be given to any person required to answer one or more of the questions in Table 1 or 2 unless the person has answered the question or questions satisfactorily.

(7) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

(8) In this rule, “ the copies of the registration records ” means the copies provided by the returning officer for the polling station under rule 32(5)(b) and (c) (copies of the relevant register of electors and copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act relating to the relevant register of electors).

Section 44

In rule 43(1)(a) (voters with a disability or unable to read: marking of votes by presiding officer), for “blindness” substitute “severe sight impairment” .

Section 45

In rule 44 (voters with a disability or unable to read: assistance of companions)—

(a) in paragraph (1), for “blindness” substitute “severe sight impairment” ;

(b) in paragraph (2), for “blindness” substitute “severe sight impairment” ;

(c) in paragraph (3), for “blindness” substitute “severe sight impairment” ;

(d) in paragraph (7)(a), for “blindness” substitute “severe sight impairment” .

Section 46

In rule 46(1) (tendered ballot papers: circumstances where available), in the opening words, after “the poll” insert “in accordance with rule 40,” .

Section 47

In rule 51 (procedure on close of poll)—

(a) for paragraph (2) substitute—

(2) In the presence of any polling agents who are in the polling station, the presiding officer must—

(a) seal each ballot box in use at the polling station so as to prevent the introduction of additional ballot papers, using the presiding officer’s seal and the seals of any polling agents who wish to affix their seals, and

(b) attach any ballot box key to the ballot box.

(b) after paragraph (3)(f) insert—

(g) the postal ballot papers and postal voting statements which have been returned by hand to the polling station, unless previously collected in accordance with regulation 79(4) of the Representation of the People (England and Wales) Regulations 2001.

(c) in paragraph (3A), for “or (f)” substitute “, (f) or (g)” ;

(d) after paragraph (3B) insert—

(3C) Documents sealed in accordance with paragraphs (3)(c) and (d) and (3B) may be sealed in physical packets or electronic packets, and seals that are applied to those packets may be applied physically or electronically, as appropriate.

Section 48

In rule 64 (declaration of result)—

(a) after paragraph (1) insert—

(1A) The declaration made by the returning officer in accordance with paragraph (1), must be made in Welsh and English.

(b) in paragraph (3), in the opening words, after “notice” insert “, in Welsh and English,” ;

(c) after paragraph (3) insert—

(4) For the purposes of paragraphs (1) and (3), where the statement of persons nominated shows a candidate’s commonly used forenames or surnames, the returning officer may use those commonly used forenames or surnames to make the declaration, and give notice, of the election results.

Section 49

In rule 64Z1 (declaration of result at contested election)—

(a) after paragraph (1) insert—

(1A) The declaration made by the returning officer in accordance with paragraph (1), must be made in Welsh and English.

(b) in paragraph (3), in the opening words, after “notice” insert “, in Welsh and English,” ;

(c) after paragraph (3) insert—

(4) For the purposes of paragraphs (1) and (3), where the statement of persons nominated shows a candidate’s commonly used forenames or surnames, the returning officer may use those commonly used forenames or surnames to make the declaration, and give notice, of the election results.

Section 50

In rule 66 (delivery of documents to registration officer at contested elections)—

(a) in paragraph (2), in the opening words, after “must” insert “securely” ;

(b) after paragraph (3) insert—

(4) In relation to each packet, the returning officer must provide—

(a) a description of the contents of the packet,

(b) the date of election to which the packet relates, and

(c) the name of the electoral ward for which the election was held.

(5) The registration officer must make arrangements to—

(a) securely store all documents received in accordance with this rule, and

(b) prevent any unauthorised access to those documents.