37.Section 12 sets out the steps that must be taken after the end of voting in a recall poll but does not apply if any of the early termination events have occurred and notice to that effect has been given. Subsection (2) requires the constituency returning officer to take various steps in relation to the outcome of the poll, in accordance with regulations under section 11. The constituency returning officer must determine the result of the poll by reference to the counting of the votes. The result must then be publicly announced, followed by a declaration of the outcome in accordance with subsection (3)(a) and (b) i.e. that the member will either be removed or retained as a member. The constituency returning officer must also notify the Presiding Officer in writing of the result of the recall poll and the declaration.
38.Subsection (3) provides that a member is removed if the majority of votes were cast in favour of the first answer on the ballot paper set out in section 10(4) and a member is retained if the majority of the votes were cast in favour of the second answer on the ballot paper set out in section 10(5) or an equal number of votes were cast in favour of each of the answers on the ballot paper. Subsection (4) requires the Presiding Officer to lay any notice received from the constituency returning officer containing details of the outcome of the recall poll before the Senedd.
Commentary on Sections Part 1 – Recall of Members of the Senedd Section 12 – Outcome of a recall poll