The following page aims to give general guidance only and should not be treated as an authoritative statement of the law. The law is subject to change and therefore if you wish to stand as a candidate you must contact the Electoral Services office for a nomination pack.

Standing for Election

• Torbay Council Elections
• Brixham Parish Council Elections
• UK Parliamentary Elections (General Election)

Standing for Election – Torbay Council Elections

In order to stand for election, you do not necessarily have to live in the ward where the election is taking place. However, it will be your job as councillor to represent the interests of those living in that ward.

To qualify as a candidate for election for Torbay Council, a person must satisfy the following criteria on the day they are nominated and on polling day they:

• Have attained the age of at least 18 years; and
• Be a British citizen, a citizen of another Commonwealth Country, a citizen of the Irish Republic, or a citizen of another member state of the European Union.

The candidate must also meet at least one of the following four qualifications on the day they are nominated and on polling day:

• They are registered as a local government elector for the local authority area in which they wish to stand; or
• They have been an owner or tenant of any land or premises in the local authority area during the whole of the 12 months before the day they are nominated; or
• Their main or only place of work during the last 12 months has been in the local authority area; or
• They have lived in the local authority area during the whole of the last 12 months

Standing for Election – Brixham Parish Council Elections

To qualify as a candidate and to continue to hold the office of parish councillor a person must satisfy the following criteria on the day they are nominated and on polling day:

• Be a British citizen, a Commonwealth citizen or a citizen of the Republic of Ireland or a citizen of another member state of the European Union; and
• Have attained the age of at least 18 years

In addition, the candidate must qualify under at least one of the following conditions:

• On the day of election and thereafter continue to be registered as a local government elector for the parish (meaning the whole of the area of the parish);
• During the whole of the 12 months preceding the date of nomination to have occupied as owner or tenant land or other premises in the parish;
• During the 12 months preceding the date of nomination the candidate’s principal or only place of work was in the parish; or
• During the whole of the 12 months preceding the date of nomination to have been resident in the parish or within 4.8 kilometres of it (of its parish boundary)

The Nomination Process

The publication of the notice of election triggers the start of the nomination period. For a local government election, the notice of election has to be published, at the latest, by the twenty-fifth day before the election (not including dies non).  The election timetable for the local elections in 2007 is provided as an illustration under Related Pages.

Nomination packs will be available from the Electoral Services office shortly before this period.

Nomination papers can be delivered to the location specified on the notice of election at the times stated between the day of publication of the notice of election and noon on the nineteenth day before polling day.

Each candidate must be nominated on a separate nomination form. The nomination paper must include the details of the ward, the candidate’s full name, home address in full and, if required, a description. Each candidate standing for election must be proposed and seconded by electors from the ward and in addition, eight other electors from the ward must assent to the nomination. (The people who can subscribe to a nomination paper are those who are local government electors who are on the register in use on the last day for publication of the notice of election and will be 18 or over on the day of poll. A person must not subscribe more nomination papers than there are vacancies to be filled in the ward. Electors could include family and friends.

Please note: for Parish Council elections only a Proposer and a Seconder are required to subscribe the nomination paper.

Apart from the nomination paper, other documents must also be provided before a nomination can be accepted as valid. There must be a correctly completed candidate’s consent to nomination which has to be witnessed and the witness has to sign it.

If all the requirements above are met, the candidate is validly nominated. The candidate of a registered political party can have a party emblem of the party they are representing on the ballot paper. The request must be made in writing, by the candidate no later than the closing time for nominations.

If you are representing one of the main political parties, you will need to contact the local party office.

Standing for Election - United Kingdom Parliamentary Election (General Election)

Candidates must be eligible on both the last day for nominations and on polling day; and:

• have attained the age of at least 18 years' and;
• be a British citizen, a qualifying citizen of a Commonwealth country or a citizen of the Irish republic. (Citizens of other European member states are not eligible)

People disqualified from becoming a Member of Parliament (MP) include:

• convicted prisoners serving a sentence of over 12 months
• certain people employed by the Crown
• people found guilty of certain electoral offences
• peers who sit and are eligible to vote in the House of Lords
• bishops (known as the Lords Spiritual) who are entitled to sit and vote in the House of Lords.

The Nomination Process

Prospective candidates must complete nomination papers which must be signed (subscribed) by 10 electors registered to vote in the Parliamentary constituency where the candidate wishes to stand. When submitting their nomination papers, candidates must deposit £500. Only candidates who receive five per cent of the total vote cast within their constituency have their deposits returned; others are forfeited.

For further information on standing for election in Torbay please contact the Electoral Services office or visit the Electoral Commission website.

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Last updated : 07.10.2008, 17:04:29