Supplementary Statement Regarding The Police and Crime Commissioner Election on 15th November 2012 (Press Release)
Published Thursday, 01 November 2012
Following the various statements and reports of yesterday, the Police Area Returning Officer (PARO) has received a number of additional queries.
The purpose of this is to provide a ‘frequently asked questions’ statement to give additional clarity in relation to the common issues being raised.
Legislation
The Police Area Returning Officer (PARO) has to carry out his duties in accordance with Government legislation and instructions and guidance issued by the Home Office and Electoral Commission. The relevant legislation is;
The Electoral Commission have been informed of the situation and have confirmed that the legislation must be followed.
Can a candidate withdraw from the process at this stage?
No.
The law governing the conduct of these elections allows a candidate to withdraw by noon on the16th working day before an election which for these elections fell on 24th October 2012. Therefore a candidate is legally unable to withdraw his nomination after this date and the election proceeds with all 5 candidates, as required by legislation.
Will all names be on the ballot paper I receive?
Yes.
All of the 5 nominated candidates’ names will appear on the ballot papers and electors are able to exercise their voting preference in the normal manner.
Is it possible to advise electors at the polling station what to do in relation to this issue?
No. This is not a role for the PARO (or his staff).
How does the situation affect the Election Count?
The process of the election Count is not affected – it must be undertaken in accordance with legislation.
What happens if a candidate wins, but cannot take office?
There could be a number of ways in which this could be addressed but it would be inappropriate for the PARO to comment on this at this time whilst clarification is being sought from the Electoral Commission and the Home Office.
The Home Office is responsible for the legislation governing the Police and Crime Commissioner Elections. The press contact number for the Home Office is: 0207 035 3535.
The Electoral Commission is the national body responsible for the overseeing and monitoring of elections in the UK. The contact details for the Commission are 0300 068 3390 or by email at www.electoralcommission.org.uk
Legislation
The Police Area Returning Officer (PARO) has to carry out his duties in accordance with Government legislation and instructions and guidance issued by the Home Office and Electoral Commission. The relevant legislation is;
- Police Reform and Social Responsibility Act 2011
- Police and Crime Commissioners Election Order 2012
The Electoral Commission have been informed of the situation and have confirmed that the legislation must be followed.
Can a candidate withdraw from the process at this stage?
No.
The law governing the conduct of these elections allows a candidate to withdraw by noon on the16th working day before an election which for these elections fell on 24th October 2012. Therefore a candidate is legally unable to withdraw his nomination after this date and the election proceeds with all 5 candidates, as required by legislation.
Will all names be on the ballot paper I receive?
Yes.
All of the 5 nominated candidates’ names will appear on the ballot papers and electors are able to exercise their voting preference in the normal manner.
Is it possible to advise electors at the polling station what to do in relation to this issue?
No. This is not a role for the PARO (or his staff).
How does the situation affect the Election Count?
The process of the election Count is not affected – it must be undertaken in accordance with legislation.
What happens if a candidate wins, but cannot take office?
There could be a number of ways in which this could be addressed but it would be inappropriate for the PARO to comment on this at this time whilst clarification is being sought from the Electoral Commission and the Home Office.
The Home Office is responsible for the legislation governing the Police and Crime Commissioner Elections. The press contact number for the Home Office is: 0207 035 3535.
The Electoral Commission is the national body responsible for the overseeing and monitoring of elections in the UK. The contact details for the Commission are 0300 068 3390 or by email at www.electoralcommission.org.uk
Get in touch with Kettering Borough Council
Email: customerservices@kettering.gov.uk. Telephone: 01536 410333.
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