The Greater London Authority Elections Rules 2007

PART 3 Stages Common To Contested And Uncontested Elections

Notice of election

5.—(1) The GLRO must publish in each Assembly constituency notice of the election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 9 by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer for local government electors in order that they may be effective for the election.

Nomination of candidates

6.—(1) Each candidate must be nominated by a separate nomination paper which must be—

(a) in the appropriate form, and

(b) delivered to the place fixed for the purpose by the GLRO, which must be at one of the offices of the Greater London Authority, before the last time for the delivery of nomination papers.

(2) A nomination paper must state the candidate’s—

(a) full names,

(b) home address, in full, and

(c) if desired, description,

and the surname must be placed first in the list of names.

(3) If a candidate commonly uses—

(a) a surname which is different from any other surname he has, or

(b) a forename which is different from any other forename he has,

the nomination paper may state the commonly used surname or forename, or both surname and forename, in addition to the other name.

(4) The description (if any) can only be—

(a) one authorised as mentioned in paragraph (5) or (7), or

(b) the word “Independent”.

(5) A nomination paper may not include a description of a candidate that is likely to lead electors to associate the candidate with a registered party unless—

(a) the party is a qualifying party in relation to Greater London, and

(b) the description is authorised by a certificate—

(i) issued by or on behalf of the registered nominating officer of the party, and

(ii) received by the GLRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.

(6) In paragraph (5) an authorised description may be either—

(a) the name of the party registered under section 28 of the 2000 Act(1), or

(b) a description of the party registered under section 28A(2) of that Act.

(7) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to Greater London and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the GLRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.

(8) For the purposes of paragraph (7), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act(3).

(9) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) or (7) on behalf of a registered party’s nominating officer.

(10) For the purposes of the application of these rules in relation to an election—

(a) “registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election,

(b) a registered party is a qualifying party in relation to Greater London if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.

(11) For the purposes of paragraph (10)(a), any day falling within rule 4(1) must be disregarded.

Subscription of nomination papers

7.—(1) The nomination paper of a candidate must be subscribed by at least 330 persons each of whom is entitled to vote at the election; and in relation to each London borough and the City, at least ten of the subscribers must be electors who are ordinarily resident in the borough or, as the case may be, the City.

(2) Where a nomination paper has the signatures of more than the required number of persons as assenting to the nomination of a candidate, the signatures (up to the required number) appearing first on the paper must be taken into account to the exclusion of any others.

(3) The nomination paper must give the electoral number of each person subscribing it.

(4) The GLRO—

(a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b) must, at any elector’s request, prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the GLRO.

(5) In this rule—

“elector” means a person named as a local government elector in the register being used at the election in that Assembly constituency, and includes a person shown in the register as below voting age if it appears from the register that he will be of voting age on the day fixed for the poll, but does not include a person who has an anonymous entry in the register.

“electoral number” means—

(a)

a person’s number in that register, or

(b)

pending publication of the register, his number (if any) in the electors list for that register.

Consent to nomination

8.—(1) A person will not be validly nominated unless his consent to nomination—

(a) is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers;

(b) is attested by one witness whose name and address must be given; and

(c) is delivered at the place and within the time for delivery of nomination papers.

(2) A candidate’s consent given under this rule must—

(a) state the day, month and year of his birth; and

(b) contain a statement that to the best of the candidate’s knowledge and belief he is not disqualified from being elected by reason of—

(i) any disqualification set out in section 21 (disqualification from being the Mayor or an Assembly member) of the 1999 Act, or

(ii) any decision made under section 79 (decisions of case tribunals) the Local Government Act 2000.

Deposits

9.—(1) A person will not be validly nominated as a candidate unless the sum of £10,000 is deposited by him, or on his behalf, with the GLRO at the place and during the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the GLRO’s consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,

but the GLRO may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the GLRO, unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act.

Decisions as to validity of nomination papers

10.—(1) Where a nomination paper and the candidate’s consent to it are delivered, and the deposit is made, in accordance with these Rules, the candidate must be deemed to stand nominated unless and until—

(a) the GLRO decides that the nomination paper is invalid, or

(b) proof is given to the GLRO’s satisfaction of the candidate’s death, or

(c) the candidate withdraws.

(2) The GLRO is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of the persons subscribing the paper are not as required by law,

(b) that the paper is not subscribed as so required;,

(c) that the paper breaks rule 6(5) or (7).

(3) Subject to paragraph (4), the GLRO must, as soon as practicable after each nomination paper has been delivered, examine it and decide whether the candidate has been validly nominated.

(4) If in the GLRO’s opinion a nomination paper breaks rule 6(5) or (7), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.

(5) Where the GLRO decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6) The GLRO must, as soon as practicable after making such a decision in accordance with paragraph (3) or (4) that a ballot paper is valid or invalid, send notice of it to the candidate at his home address as given in his nomination paper.

(7) The GLRO’s decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated

11.—(1) The GLRO must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated together with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers.

(3) If a person’s nomination paper gives a commonly used surname or forename, or both surname and forename in addition to another name, the statement must show the person’s commonly used surname or forename, or both surname and forename (as the case may be) instead of any other name.

(4) Paragraph (3) does not apply if the GLRO thinks—

(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the GLRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(7) In the case of a person nominated by more than one nomination paper, the GLRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the GLRO in default of the candidate) may select.

Correction of minor errors

12.—(1) The GLRO may, if he thinks fit, at any time before the publication under rule 11 of the statement of persons nominated, correct minor errors in a nomination paper.

(2) Errors which may be corrected include—

(a) errors as to a person’s electoral number,

(b) obvious errors of spelling in relation to the details of a candidate.

(3) Anything done by the GLRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.

(4) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Inspection of nomination papers and consent to nomination

13.—(1) During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.

(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

Withdrawal of candidature

14.—(1) A candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, whose name and address must be given, and

(b) delivered to the GLRO at the place for delivery of nomination papers,

by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.

(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate’s absence from the United Kingdom will be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom.

Method of election

15.  If, after any withdrawals under rule 14—

(a) more than two candidates remain validly nominated, a poll must be taken in accordance with Parts 4 and 5 of these Rules;

(b) only two candidates remain validly nominated, a poll must be taken in accordance with Part 4;

(c) only one candidate remains validly nominated, that person must be declared to be elected in accordance with Part 6.

(1)

Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).

(2)

Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).

(3)

Section 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).