ELECTIONS FOR PARISH COUNCILS

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1 Mid Devon District Council Elections Office ELECTIONS FOR PARISH COUNCILS Date and Timetable of the Elections The Parish/Town Council elections in 2011 are being held on 5 th May, when they are being combined with elections for Mid Devon District Council (and probably a national referendum on parliamentary voting systems as well). The elections begin with the publication of the Notice of Election on Friday 18 th March. This will be published at the District Council offices, in the local press and with additional copies being sent to Parish/Town Clerks for placing on the parish notice boards. The statutory timetable for the elections can be found at the end of this guidance. The nomination period is between 10am and 4pm on each working day from Monday, 21 st March until the close of nominations at Noon on Monday, 4 th April. Withdrawals of candidature are permitted up to noon on Thursday 7 th April. Qualifications to be a Councillor A person is qualified to be elected and to be a councillor if they are a British, Commonwealth, Irish or European Union citizen and on the relevant day (that is, the day of nomination) they are 18 or over. In addition, the person must meet at least one of the following criteria (1) on the relevant day and thereafter they continue to be on the electoral register for the parish, or (2) during the whole of the twelve months before that day they have owned or tenanted land or premises in the parish, or (3) during the whole of the twelve months before that day their principal or only place of work has been in the parish, or (4) during the whole of the twelve months before that day they have resided in the parish or within three miles of it. Except for qualification (1), these qualifications then continue for the full term of office, until the next ordinary elections. Certain people are disqualified from standing, and these include paid officers (including the Clerks) of the council, bankrupt people and those subject to recent sentences of imprisonment.

2 The Nomination Process The Returning Officer will be sending a supply of nomination packs to Parish/Town Clerks to distribute to existing councillors and anyone else interested in standing. In addition, Clerks will provide initial guidance with the nomination process and arrange for the return of nominations, and this guidance endeavours to address the issues that might arise here. Alternatively, candidates may apply directly to the District Council for District and/or parish nomination papers and guidance. Mid Devon District Council s website will also have forms to download ( Nomination papers should be submitted in good time, to allow for any unintended errors to be corrected. Nominations should be delivered to Mid Devon District Council s offices at Phoenix House, Phoenix Lane, Tiverton, EX16 6PP. You may send it by post or give it to your Town/Parish Clerk to deliver. However, if you deliver by hand it gives you the opportunity to amend any mistakes, and reduces the risk of your nomination being invalidated. The Local Elections (Parishes and Communities) Rules 2006 state the requirements of a nomination, and the Returning Officer must rule as invalid any nominations that fail to meet these requirements. The nomination paper shall state the candidate's full names with the surname placed first in the list of names, home address in full, and, if desired, a description. If the candidate commonly uses a different surname or forename he may include those. The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify them. This description will appear on the ballot paper under the person s name. A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless the description is authorised by a certificate issued by or on behalf of the registered nominating officer of the party, and received by the returning officer before the last time for the delivery of nomination papers. The nomination paper must be signed by two electors of the electoral area as proposer and seconder. The "electoral area" is the parish, or if the parish is divided into wards, the parish ward for which the candidate is seeking election. The nomination paper shall give the electoral number of each person subscribing it (electoral numbers can be obtained from the Parish/Town Clerk or the election office at Mid Devon District Council). The proposer and seconder should not subscribe more

3 nomination papers than there are vacancies to be filled in the electoral area. Thus, for example, if the ward has five councillors, a person may not sign more than five different candidates nomination papers, and, if they do, the sixth nomination paper will be invalid. In the rules "elector" means a person who is registered in the register of local government electors for the electoral area in question on 1 st March 2011, and would include a person then shown as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll. The candidate may wish to consult the register of electors held by the Clerk to check electoral numbers. Alternatively they can contact the electoral office for this information ( or elections@middevon.gov.uk). A person shall not be validly nominated unless his consent to nomination is given in writing on the form which will be supplied in the nomination pack. Candidates are advised to complete, on the form, as many of the relevant qualifications as apply. The consent to nomination must include the candidate s date of birth. The consent should be attested by one witness (who may be any person) and delivered to the Returning Officer during the nomination period. If the candidate has been authorised by a political party to use a description in their nomination, they can also request that one of the party's official emblems is used on the ballot paper next to their name. That request must be made in writing by the close of nominations. Nomination papers can be inspected at the Returning Officer's office by any person during normal office hours after the close of nominations at noon on 4 th April until the day before polling day, Wednesday, 4 th May. Statement of Persons Nominated The Returning Officer must publish a statement of persons nominated by noon on Wednesday 6 th April. It will appear on Mid Devon District Council s website on the elections page, at the Council s offices in Tiverton and Crediton and a copy of the relevant part will be posted to each Clerk. There then follows a period during which candidates may withdraw their candidacy, and this closes at noon on Thursday 7 th April. A candidate may withdraw their candidature by notice of withdrawal (included in the nomination pack), signed by them and witnessed by one other person. A candidate who is validly nominated for more than one ward of the same parish must withdraw

4 from their candidature in all those wards except one, and if they do not so withdraw, they shall be deemed to have withdrawn from their candidature in all those wards. At noon on Thursday 7 th April, the Returning Officer will know what the status of the elections is (ie contested or uncontested) for each of the wards and parishes in the Mid Devon area. Where the number of candidates for an electoral area is less than or equal to the number of seats to be filled, those candidates are declared to be elected uncontested. Some Parish Councils may need to co-opt members to make up their full quota of councillors; others will have their full quota, while others will have too many candidates, requiring the election in that area to proceed to a poll. Uncontested Elections The Returning Officer will issue a notice to the uncontested candidates to inform them of their election. This notice will remind the candidates about their duties with regard to the completion of a declaration and return of election expenses. Contested Elections and Polls The Notice of Poll will be published on 21 st April, and copies will be sent to Clerks for placing on the parish notice boards. Poll cards will be issued to all electors on about 11 th April. Polling will be from 7-00 a.m. to p.m. on Thursday, 5 th May. Candidates will need to be mindful of the rules governing election expenses and corrupt and illegal practices, and these are outlined in the Candidate's Guide included with the nomination pack. The Count will take place on Friday 6 th May at Tiverton High School Sports Hall. The exact timings have yet to be decided and will depend if the national referendum goes ahead for 5 th May. The results will be available on Mid Devon District Council's Elections website as soon as they are declared. A notice will be issued to the successful candidates to inform them of their election. This notice will remind the candidates about their duties with regard to the completion of a declaration and return of election expenses (these forms will be enclosed with their letter). For further assistance

5 The following references may be helpful: National Association of Local Councils website ( Electoral Commission - Guide for Candidates and Agents - Local Elections in England and Wales Thursday 5 May 2011 ( Mid Devon District Council s Elections website will include the various statutory notices that the Returning Officer is required to publish ( Representation of the People: The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (Statutory Instrument 2006 No.3305) ( The Election Team at Mid Devon District Council is always ready to assist. should contact: You Jackie Stoneman (up to mid-march 2011) then Jim Stevens Julie Gratton and Marian Coombs Electoral Services Manager jstoneman@middevon.gov.uk Electoral Services Officers jgratton@middevon.gov.uk mcoombs@middevon.gov.uk

6 Mid Devon District Council District and Parish Elections Timetable of Proceedings for (name of parish/town ward) Thursday 5 May 2011 Event Time Day Notice of election Friday 18 March Last day for delivery of nomination papers noon Monday 4 April Statement of persons nominated noon Wednesday 6 April Last day for withdrawals of candidature noon Thursday 7 April Last day for notice of appointment of election agents noon Thursday 7 April Last day for new applications to vote by post or to change existing absent vote details (e.g. cancellation, redirection of ballot papers, etc.) Notice of poll Last day for new applications to vote by proxy Last day for notice of appointment of counting agents (and polling agents) First day to issue replacement spoilt or lost postal ballot papers Last day for new applications to vote by proxy on grounds of medical emergency 5:00 PM Thursday 14 April Thursday 21 April 5:00 PM Thursday 21 April Tuesday 26 April Wednesday 27 April 5:00 PM Thursday 5 May Polling day Last day for the receipt of return of election expenses if declaration of result was before midnight on polling day Last day for the receipt of return of election expenses if declaration of result was after midnight on polling day 7:00 AM to 10:00 PM Thursday 5 May Thursday 2 June Friday 3 June If no time is specified as the deadline for an event or requirement (eg noon or 5pm), the deadline is midnight on that day.