How Election Results Are Declared in the UK: From Ballot Box to Declaration

In a UK parliamentary election, the result becomes official when the returning officer declares it at the count. Before that moment, the ballot boxes are opened, the number of papers in each is checked against what the polling station issued, the votes are counted, unclear ballots are ruled on, and candidates are given the chance to ask for a recount. Only then is the winner declared, and only then does the result appear on the council's notice and, later, in official datasets.

This guide follows the rules for elections to the House of Commons, including by-elections, set out in Schedule 1 to the Representation of the People Act 1983. Other types of election have their own rules, which may differ in detail.

Who runs the count

Every constituency has a returning officer. For parliamentary elections in England and Wales the formal post is often honorary, held by a high sheriff, mayor or council chairman, and the practical work is done by an acting returning officer, usually a senior officer of the local council. The returning officer can keep for themselves the ceremonial duties of receiving the writ and declaring the result.

The count is not a private event. Rule 44 lets the following people attend:

• the returning officer and their clerks;
• the candidates, each with one guest of their choosing;
• the candidates' election agents and counting agents;
• people entitled to attend under the Political Parties, Elections and Referendums Act 2000, which includes representatives of the Electoral Commission.

Others can be admitted only if the returning officer is satisfied that they will not get in the way of an efficient count. Counting agents are appointed by candidates before polling day so that every stage can be watched.

Step one: verification

Polls close at 10pm. The returning officer must take reasonable steps to begin counting as soon as practicable within four hours of the close of poll. Ballot boxes are brought from polling stations to the count, along with a ballot paper account from each presiding officer, a statement of how many ballot papers that station was given and how many it issued.

In front of the counting agents, staff open each box, count the papers inside and record the number. The returning officer then checks each ballot paper account against that number, together with unused and spoilt papers. Returned postal ballots are counted as well. A postal vote is included only if it arrived in time with a valid signed statement that passes the identity checks. When verification is complete, the returning officer prepares a statement of the result of the verification, which any election agent may copy.

Verification checks that no papers have gone missing or been added. It says nothing yet about who has won.

Step two: the count

Before any votes are counted, papers from different ballot boxes, and postal ballots, are mixed together. This makes it harder to tell how the voters at any one polling station voted. Staff keep the papers face up so that the numbers and unique marks printed on the back cannot be seen.

The count should continue without a break as far as practicable, apart from time for refreshment. The returning officer and the agents can agree to pause between 7pm and 9am, in which case the papers are sealed and kept secure.

Doubtful ballots

Some papers are not clear. Rule 47 sets out four grounds on which a ballot paper is rejected and not counted:

Ground for rejection	What it means
Want of official mark	The paper lacks the official mark that shows it was issued at a polling station.
Voting for more than one candidate	More candidates are marked than the voter is entitled to choose.
Writing or mark identifying the voter	Something written on the paper could identify the voter (other than the printed number on the back).
Unmarked or void for uncertainty	No vote is shown, or it is impossible to tell which candidate the voter meant.

The law leans towards counting a vote where the voter's intention is clear. A paper is not rejected just because the mark is in the wrong place, is something other than a cross, or uses more than one mark, as long as the voter's choice is obvious and the voter cannot be identified from it. A tick, or a cross slightly outside the box, will usually count.

The returning officer rules on doubtful papers, and counting agents can object to a decision. Any rejected paper is marked "rejected", and if an agent objects the words "rejection objected to" are added. Under rule 48, the returning officer's decision on a ballot paper is final, but it can be reviewed by an election court if the result is challenged by an election petition.

Recounts and ties

When the count is finished, the candidates and agents present must be given a reasonable opportunity to ask for a recount before anything else happens. A candidate or election agent may require the votes to be recounted, and recounted again, but the returning officer can refuse if they consider the request unreasonable.

If, after any recount, two or more candidates are tied and one more vote would decide the seat, rule 49 says the returning officer must settle it by lot at once. The candidate who wins the lot is treated as having received one extra vote.

The declaration

Once the result is certain, rule 50 requires the returning officer to:

1. declare elected the candidate who received the most votes;
2. return that person's name to the Clerk of the Crown, which formally completes the writ;
3. give public notice of the winner's name, the total votes for each candidate and the number of rejected ballot papers under each heading.

The declaration is normally read aloud at the count using a set form of words that gives each candidate's vote and ends by naming the person "duly elected". If only one candidate is nominated, there is no poll and that person is declared elected unopposed.

Where to find official results

If you want to know who won a by-election or any other contest, the most reliable sources are those closest to the count:

• The returning officer and the council. The public notice of the result is published by the returning officer, and councils post results for parliamentary, local and other elections, including by-elections, on their websites.
• The Electoral Commission. The Commission has published results data for past elections on its website, and some councils point there for older general election results. Its wider role is explained in what an electoral commission does.
• The House of Commons Library. Its election results website publishes verified result data for every general election and by-election to the House of Commons since the 2010 general election, searchable by constituency, party and candidate.

Whatever the source, the returning officer's declaration is the official record. For the background on why a seat might be contested on its own, see what is a by-election.