Guidance for Returning Officers administering a Greater London Authority (GLA) election

Grounds for determining a nomination form invalid

By law, the only grounds you have for determining that a nomination form is invalid are that:1

• the particulars of the candidate on the nomination form are not as required by law, or
• the paper does not comply with the rules around registered party descriptions, or
• the person is disqualified under the Representation of the People Act 1983 on the grounds they are found guilty of an illegal or corrupt practice such as undue influence2 ,or
• that the person is subject to a disqualification order under section 30 of the Elections Act 20223  

Party descriptions

You must hold the nomination invalid if:

• the party does not appear on the Commission’s register of political parties  as a party that can contest elections in England
• the party name or description used on the nomination form does not exactly match the party name or description as registered with the Commission
• the use of the party name or description has not been authorised by a certificate of authorisation signed by or on behalf of the party’s Nominating Officer
• the description is not registered by the Commission4

There is case law that provides that candidates who give descriptions that are obscene, racist or an incitement to crime deliver particulars that are “not as required by law”. This is because they contravene the law and/or will inevitably involve the Returning Officer in a breach of the law.

If the nomination form does not comply with the description rules outlined above, you must give a decision to this effect as soon as practicable after the delivery of the nomination form and, in any event, no later than 24 hours after the deadline for delivery of nomination papers.5

We have produced a nominations checklist which sets out what you will need to consider and specific things to look out for when determining a nomination.

Failure to provide a deposit

If you have not received the required £1000 deposit or any of the required nomination papers by the deadline for the submission of nomination papers, the candidate has not been validly nominated. There is then no need to make a formal determination, and their name should not appear on the statement of persons nominated.6

Return of deposit due to nomination not being valid 

You must return the deposit of any candidate whose nomination you have rejected. The deposit must be returned to the person who made it or their personal representative as soon as practicable after the statement of persons nominated has been published.7

Grounds for determining a home address form invalid

You must determine that the home address form does not comply with the legal requirements if:8

• it does not state the candidate’s full name
• it does not state the candidate’s home address in full
• it does not state the candidate's qualifying address or addresses is more than one is used, or
• it includes a signed statement that the candidate’s home address is not to be made public but there is no statement confirming that where the candidate’s home address is in the United Kingdom, the name of the relevant area; or where the candidate’s home address is outside the United Kingdom, the country in which it is situated

Sham nominations

You may come across a situation where the candidate's nomination is clearly a sham - for example, if a candidate has given an obviously fictitious name or address such as 'Mickey Mouse of Disney Land'. In such a case, the nomination form must be held to be invalid on the grounds that the candidate’s particulars are not as required by law.9

When considering the name, the first consideration should be whether the “name” that has been provided on the nomination form appears to be “obviously fictitious” on the face of the paper. 

If the “name” does not appear to be a genuine name and instead appears to be a statement or slogan, for example, you may consider that it is “obviously fictitious”. 

Any conclusion would be supported by considering the wider context. For example, does the name appear to be a political slogan made in response to topical political events, rather than the genuine name of a real person? 

A court would likely in those circumstances conclude that such names are “obviously fictitious” and that the nomination form should be rejected.