Commentary on Sections Death of Candidate New rule 65: Abandoned poll
155.Rule 65 applies to an election where the death of either an independent candidate, a candidate from a registered political party, or the Speaker of the House of Commons occurs, as set out in Rules 60, 63 and 64 of Schedule 1 to the Representation of the People Act 1983 respectively.
156.Rule 65(2) provides that, where the death of a candidate occurs as described in paragraph (1), the presiding officer at a polling station must forward to the returning officer, the ballot boxes, ballot papers and other documents as he would be required to do on the close of the poll.
157.Rule 65(3) requires the returning officer to dispose of election documents, as he is required to do on the completion of the counting of the votes.
158.Rule 65(4) to (8) provide that:
	the returning officer does not need to prepare or verify a ballot paper account;
	no count should take place where proof is given of a candidate’s death, or the count should cease should proof of death be made to the returning officer during the count; and
	the returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.
159.Rule 65(7) provides that ballot papers and other election documents relating to the poll should be retained and open to inspection in the same manner as if the election had not been postponed due to a candidate’s death, subject to paragraphs (8) and (9).
160.Rule 65(8) states that ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
161.Rule 65(9) states that no order is to be made for the inspection or production of either ballot papers, corresponding number lists, or certificates of employment on the day of poll. An exception is made where the order is made by a court in relation to a prosecution.