Introduction to our guidance for candidates and agents
This guidance aims to provide practical advice for anyone who wants to stand as a candidate or be an agent at a Police and Crime Commissioner (PCC) election in England (excluding areas in England where a combined [county] authority mayor take on the police and crime functions) and Wales. Standing for election can be complicated, but we hope that our guidance will make it as straightforward as possible.
In some police areas the role of Police and Crime Commissioner also includes responsibility for fire and rescue services in the area.
Candidates and their agents must follow certain rules set out in legislation. Our guidance sets out the stages that you need to go through when standing at a PCC election. You do not have to follow this guidance, but if you do, you will normally be doing enough to comply with the law.
It includes relevant factual material as well as links to sources of further information. Each section includes a number of forms and resources, which can be directly accessed via links in the text.
You can find out more in How to use our guidance.
Election timetable
For scheduled polls we will publish a specific timetable which will be made available on our website.
If a by-election has been called, you will be able to obtain a copy of the specific timetable for that election from the local Returning Officer.
Data Protection
Please note that data protection legislation applies to the processing of all personal data. Please contact the Information Commissioner's Office for further information about how the current data protection legislation affects you.
We are here to help, so please contact us if you have any questions. Please see Contacting us for contact details.
Terms and expressions we use
We use ‘must’ when we refer to a specific requirement. We use ‘should’ for items we consider to be minimum good practice, but which are not legal or regulatory requirements.
We use ‘you’ to cover both the candidate and the agent in this guidance. When we talk about donations, we use ‘you’ to refer to the person who is responsible at the time for dealing with donations.
How to use this guidance
Our guidance is separated out into sections, each of which deals with a different part of the process you will be involved with as a candidate or agent at a PCC election.
When you click on a link in the navigation list to the right, it will reveal the links to the different areas of guidance for each section. When you reach the end of a page, you can use the link at the bottom right-hand side to move to the next page of guidance.
Each section provides links to relevant forms and information resources, you will find these embedded in the text. You can also access these in the ‘Resources’ link at the end of the navigation tree.
If you wish to print off all of the guidance you can do so using the link at the top of the page.
Our guidance sets out the stages that candidates and their agents need to go through when standing at a PCC election. The areas covered are:
Section | What it covers |
---|---|
What you need to know before standing as a candidate |
|
Candidate spending |
|
Candidate donations |
|
Campaigning |
|
Nominations |
|
Postal Votes |
|
Polling Day |
|
Verification and count |
|
After the election |
|
Contacting us
If you are a candidate or agent in England
If your question is about spending or donations, please contact us at:
Email: [email protected]
Tel: 0333 103 1928
For any other queries, please contact us at:
Email: [email protected]
Tel: 0333 103 1928
If you are a candidate or agent in Wales
Please contact us for all queries at:
Email: [email protected]
Tel: 0333 103 1929
What you need to know before you stand as a candidate
Before starting the process of standing for election, potential candidates need to be confident that they meet all of the requirements. They also need to be aware of the rules that apply to candidates relating to spending and donations.
This guidance sets out details of:
- When do you officially become a candidate?
- Who is responsible for candidate spending and donations?
- Qualifications and disqualifications for standing for election
- Appointing your election agent and other agents
Who does what at a local election and how to contact them
The Police Area Returning Officer
Each police area has a Police Area Returning Officer (PARO) who has overall responsibility for the election of the Police and Crime Commissioner in that area. The Police Area Returning Officer is the Acting Returning Officer for a designated UK Parliamentary constituency which falls wholly or partly within the police area. In practice, this means they are normally a senior officer of one of the local authorities in the police area and independent of the authority in respect of their electoral functions.
The Police Area Returning Officer is responsible for the nomination process and for calculating and declaring the result of the election. The Police Area Returning Officer will liaise with and coordinate the work of Local Returning Officers in their police area, and they also have the power to give directions to Local Returning Officers relating to the discharge of their functions at the election.
The Police Area Returning Officer will offer briefings ahead of the election and we strongly encourage you or your agent to attend, even if you have been an agent or stood for election before.
The Police Area Returning Officer will also be the Local Returning Officer for the individual local authority area they represent.
You can contact us to find out who the Police Area Returning Officer is for each area. The Police Area Returning Officer will also be able to provide contact details for Local Returning Officers.
The Local Returning Officer
Local Returning Officers are responsible for running the Police and Crime Commissioner election at a local level. They are responsible for administering the conduct of the poll, the issue and opening of postal ballot papers and the counting of votes for their voting area.
The Local Returning Officer for the Police and Crime Commissioner election is the person who acts as Returning Officer for local elections in that area and is normally a senior officer of the local authority and is independent of the authority in respect of their electoral functions.
Some Local Returning Officers may also offer briefings on local arrangements for the poll.
You will be able to contact the Local Returning Officer for any local authority area by contacting the relevant local authority elections office. Addresses and telephone numbers of all elections offices can be found on our website www.electoralcommission.org.uk/i-am-a/voter.
The Electoral Registration Officer
The Electoral Registration Officer is responsible for maintaining the register of electors and absent voters’ lists for their local authority area. The Electoral Registration Officer is normally a senior officer in the local authority and may also be the Returning Officer. You can find the contact details for all Electoral Registration Officers at www.electoralcommission.org.uk/i-am-a/voter
The Electoral Commission
We are an independent statutory body established in November 2000 by the Political Parties, Elections and Referendums Act 2000. We are currently headed by ten Commissioners, including a Chair. We report directly to the UK Parliament through a committee chaired by the Speaker of the House of Commons.
We are responsible for registering political parties and non-party campaigners, the monitoring and publication of significant donations to registered political parties and the regulation of party and non-party campaigner spending at certain elections. We also have a role in promoting voter awareness. We are required to report on the administration of certain electoral events, including Police and Crime Commissioner elections, to keep electoral matters under review and, if requested, must review and report on any electoral matter. We also accredit observers to be present at election proceedings.
We do not run elections but have responsibility for providing advice and assistance on electoral matters to all those involved in elections, including Police Area Returning Officers, Local Returning Officers, Electoral Registration Officers, political parties and candidates.
We are here to help, so please get in touch if you have any questions.
The electoral system
The PCC is elected under the first-past-the-post electoral system, whereby the candidate with the most votes is elected.
There are currently 35 police areas in England and in some of these areas the role of Police and Crime Commissioner also includes the responsibility for fire and rescue services.
In Wales there are 4 police areas, each of which elects a Police and Crime Commissioner.
Each of the police areas contains a number of local authority areas. More information on the police areas can be found on the Association of Police and Crime Commissioners website
When do you officially become a candidate?
The earliest you can officially become a candidate is on the last day for the publication of notice of election which is 25 working days before the poll.
You will officially become a candidate on this day if on or before this date you have already declared yourself a candidate at the election (or another person has declared that you are a candidate).
If, after this date, you or others declare that you will be a candidate at the election, you will become a candidate on the date such a declaration is made, or on the date that you submit your nomination papers, whichever is earlier.
The day after the date you officially become a candidate, spending and donation rules will apply.
Once you have officially become a candidate, you are entitled to a copy of the electoral register.1
You are also entitled to a copy of the lists of absent voters for the whole of the police area.
In addition, you can use publicly funded rooms and schools for public meetings.
You can start campaigning before you officially become a candidate. More information is set out in our guidance on campaigning.
- 1. Regulation 108 Representation of the People (England and Wales) Regulations 2001 ↩ Back to content at footnote 1
Who is responsible for candidate spending and donations?
Candidates and their agents must follow certain rules about how much they can spend, who they can accept donations from, and what they must report after the election.
The election agent has the main responsibility for complying with these rules, even if they appoint a sub-agent to help you with your expenses.
However, after the election, both the candidate and the agent must sign declarations to say that their spending and donation return is complete and correct to the best of their knowledge.
This means that candidates also need to be fully aware of the rules.
Spending
The rules apply to spending on activities to promote your candidacy, or to criticise other candidates, during a particular period in the run-up to the election. This period is called the ‘regulated period’. When we use the term ‘regulated period’ we mean the time when spending limits and laws apply.
Candidate spending includes any expenses incurred, whether on goods, services, property or facilities, for the purposes of the candidate’s election during the regulated period.
By ‘incur’ we mean make a legal commitment to spend money, such as confirming an order.
This includes:
- items or services bought before the regulated period begins, but used during it
- the value items or services given to you free of charge or at a non-commercial discount of more than 10% - known as ‘notional spending’
There are rules covering:
- who can authorise spending and pay for items and services
- how much you can spend
- which activities count towards your spending limit
- deadlines for receiving and paying invoices
- what records you must keep
- how and when you report your spending
Candidate spending is often known as ‘expenses’. Sometimes, people think this means that spending can be reclaimed from the local council, or from us, the Electoral Commission. This is not the case. You are not entitled to recover any spending from public funds.
You can find out more about reporting candidate spending after the election in Candidate spending.
Donations
Candidates can only accept donations of money, items or services towards their campaign spending from certain mainly UK-based sources, and must report them to the local returning officer after the election.
This includes donations from your local party.
If an election agent is appointed, donations must be passed to them as quickly as possible. The agent must then check whether or not the donation can be accepted.
Both the candidate and the agent must sign a declaration on their expenses return to say that the donation return is complete and correct to the best of their knowledge. So the candidate needs to make sure that their agent is following the rules.
If no agent has been appointed, the candidate is responsible for handling and checking donations.
You can find out more about reporting donations after the election in Candidate donations.
Qualifications and disqualifications for standing for election
In order to stand as a candidate you must ensure that you meet the necessary qualifications and be sure that you are not disqualified. This section sets out the qualifications and disqualifications for standing for election.
For elections taking place on or after 2 May 2024, the Elections Act 2022 has updated the grounds on which you may be disqualified. More information can be found in our guidance on disqualifications.
For elections taking place on or after 7 May 2024, the Elections Act 2022 removes the general right of European Union citizens stand in Police and Crime Commissioner elections. This will mean that in order stand as a candidate at a Police and Crime Commissioner election an EU citizen will be required to be a qualifying EU citizen or an EU citizen with retained rights.
Qualifications
To be able to stand as a candidate at a Police and Crime Commissioner election in England (excluding areas in England where a combined [county] authority mayor take on the police and crime functions) and Wales, you must be:1
- at least 18 years old on the day of your nomination
- For polls up to and including 2 May 2024 - a British citizen, an eligible Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of a member state of the European Union,2
- For polls on or after 7 May 2024 - be a British citizen, an eligible Commonwealth citizen, a citizen of the Republic of Ireland, a qualifying EU citizen or an EU citizen with retained rights3
- registered as a local government elector in a local council area that is within the police area in which you wish to stand, both at the time of your nomination and on polling day.
Meaning of an eligible commonwealth citizen
An eligible Commonwealth citizen is a Commonwealth citizen who either:
- does not need leave to enter or remain in the United Kingdom, or
- has indefinite leave to remain in the United Kingdom
Meaning of qualifying EU citizens
A person is a qualifying EU citizen if they are a citizen of a country with which the UK has a bilateral Voting and Candidacy Rights (VCR) treaty and are resident in the UK with any form of leave to remain, or do not require such leave.
Currently the UK holds bilateral treaties with the following countries:
Denmark |
Luxembourg |
Poland |
Portugal |
Spain |
Meaning of EU citizens with retained rights
A person is an EU citizen with retained rights if they are a citizen of a country with which the UK does not have a bilateral Voting and Candidacy Rights (VCR) treaty but they have been legally resident in the UK since before the UK left the EU on 31/12/2020 (the Implementation Period Completion Date – IPCD)
The member states of the European Union which do not currently have a bilateral VCR treaty with the UK and are not Commonwealth countries are:
Austria | Hungary |
Belgium | Italy |
Bulgaria | Latvia |
Croatia | Lithuania |
Czech Republic | The Netherlands |
Estonia | Romania |
Finland | Slovakia |
France | Slovenia |
Germany | Sweden |
Greece |
- 1. Section 64(1) or (1A) Police Reform and Social Responsibility Act 2011 (PR&SR 2011) ↩ Back to content at footnote 1
- 2. s.68 PR&SR 2011 ↩ Back to content at footnote 2
- 3. s.68 PR&SR 2011 ↩ Back to content at footnote 3
Disqualifications
Apart from meeting the qualifications for standing for election, you must also not be disqualified.
The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.
You must be sure that you are not disqualified as you will be asked to sign one of the required nomination papers to confirm that you are not disqualified.
It is a criminal offence to make a false statement on your nomination papers as to your qualification for being elected, so if you are in any doubt you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.
The Police Area Returning Officer will not be able to confirm whether or not you are disqualified.
Most disqualifications apply on the day you are nominated and on polling day, but some will only apply on taking up office.
For polls on or after 2 May 2024
The Elections Act 2022 introduced a disqualification conviction of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office.
This new legislation will be in force for polls held on or after 2 May 2024.
Disqualifications that apply on nomination and on polling day
You cannot stand for election if on the day of your nomination:
- you have been nominated as a candidate at a Police and Crime Commissioner election taking place on the same day for a different police area1
- you have been nominated as a candidate at a combined (or combined county) authority mayoral election on the same day where the mayor would also exercise the functions of a Police and Crime Commissioner in relation to that area.2
- you have ever been convicted of an imprisonable offence. This disqualification applies even if you were not actually imprisoned for that offence, or the conviction has been spent3
- you are a police officer or are directly or indirectly employed by the police.4 More information is set out in our guidance ‘Working for the police’
- you are the London Fire Commissioner or a member of staff of the London Fire Commissioner
- you are employed, directly or indirectly by a fire and rescue authority and want to stand for election in an area where the PCC also has responsibility for the fire and rescue authority function.5 More information is set out in our guidance ‘Working for a fire and rescue authority within the police area’
- you are disqualified under certain provisions of the House of Commons Disqualification Act 1975, (as amended), if you are a civil servant, a member of the armed forces or hold any judicial office specified in Part 1 of Schedule 1 of the House of Commons Disqualifications Act 1975 (as amended)6
- you are a member of the legislature of any country or territory outside the UK7
- you are a member of staff of a local council that falls wholly or partly within the police area in which you wish to stand, or you are employed in an organisation that is under the control of a local council in the police area in which you wish to stand.8
- Note that you may be employed by an organisation that is under the control of a local council, for example, if you work for certain fire services or health services. This list is not exhaustive. More information is set out in our guidance 'Working for a local council within the police area’
- At a Police and Crime Commissioner election you are not treated as being employed by a local council if you work at a school (either as a teacher or a member of non-teaching staff) that is maintained or assisted by a local council.9
- Elected members of councils are not disqualified from being elected at a Police and Crime Commissioner election.
- For these purposes a local council is:
- a county council
- a county borough council
- a district council
- a parish council
- a community council
- the Council of the Isles of Scilly
- For these purposes a local council is:
- You may, however, be employed in an organisation that is under the control of a parish or community council.
- you are the subject of a bankruptcy restrictions order or interim order.10 More information is set out in our guidance Bankruptcy restrictions or interim orders.
- you have been disqualified under the Representation of the People Act 1983 (as amended)11 if you have been convicted or have been reported guilty of a corrupt or illegal electoral practice or of an offence relating to donations, or under the Audit Commission Act 1998. The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years. The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years.
- for polls on or after 2 May 2024 - You have been convicted of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office. The effect of a disqualification order is that the person will be disqualified from standing for, being elected to, and holding any relevant elective office for five years.
- 1. Section 64(3) Police Reform and Social Responsibility Act 2011 (PR&SR 2011) ↩ Back to content at footnote 1
- 2. S.64(3A) PR&SR 2011 ↩ Back to content at footnote 2
- 3. S.66(3)(c) and (4) PR&SR 2011 ↩ Back to content at footnote 3
- 4. S.65 PR&SR 2011 ↩ Back to content at footnote 4
- 5. S.66(10)(11) and (12) PR&SR 2011 ↩ Back to content at footnote 5
- 6. S.66(2)(a) PR&SR 2011 ↩ Back to content at footnote 6
- 7. S.66(2)(b) PR&SR 2011 ↩ Back to content at footnote 7
- 8. S.66(5)(6) and (7) PR&SR 2011 ↩ Back to content at footnote 8
- 9. S.66(9) PR&SR 2011 ↩ Back to content at footnote 9
- 10. S.66(3)(a) and (b) PR&SR 2011 ↩ Back to content at footnote 10
- 11. S.66(3)(d) PR&SR 2011 ↩ Back to content at footnote 11
Disqualifications that apply on election
The following disqualifications apply on election.1
Members of the House of Commons, the Scottish Parliament, the Senedd, the Northern Ireland Assembly or the European Parliament may stand for election as a Police and Crime Commissioner. However, if they are elected they must resign their seat before taking up the post of Police and Crime Commissioner.
If a Police and Crime Commissioner becomes a member of the House of Commons, the Scottish Parliament, the Senedd, the Northern Ireland Assembly or the European Parliament, they are automatically disqualified from holding office as Police and Crime Commissioner.
Members of the House of Lords are not disqualified from being a Police and Crime Commissioner.
- 1. Section 67 Police Reform and Social Responsibility Act 2011 ↩ Back to content at footnote 1
Working for the police
You are disqualified from standing as a candidate at the Police and Crime Commissioner election if you are a police officer or are otherwise employed by the police. 1
This disqualification applies to:
- members of police forces (including special constables) in the UK, including the Metropolitan police and the City of London police
- members of the British Transport Police Force (including special constables)
- members of the Civil Nuclear Constabulary
You are also disqualified from standing if you are:
- a member of staff of a Police and Crime Commissioner (other than a deputy PCC)2
- a member of staff of the London Mayor’s Office for Policing and Crime
- the Mayor of London
- a member of the Common Council of the City of London or a member of staff of that Council in its capacity as a police authority
You are also disqualified from standing at any Police and Crime Commissioner election if you are a member of, or a member of staff of, or hold any employment in an organisation which is under the control of:
- the British Transport Police Authority
- the Civil Nuclear Police Authority
- the Independent Office for Police Conduct
- the Serious Organised Crime Agency
You are also disqualified if you are employed in an organisation which is under the control of a local policing body, the chief officer of police for a police force in any police area or the City of London, or the chief officer of police of the British Transport Police Force or the Civil Nuclear Constabulary.
The working for the police disqualification applies on both the date of your nomination and on polling day. If you were employed by the police, you must have resigned and served any notice period before the date of your nomination to avoid having a contract of employment with the police at that time.
- 1. Section 65 Police Reform and Social Responsibility Act 2011 (PR&SR 2011) ↩ Back to content at footnote 1
- 2. S.65(1A) PR&SR 2011 ↩ Back to content at footnote 2
Working for a fire and rescue authority within the police area
If you are employed by the fire and rescue authority, you are disqualified from standing as a candidate at the PFCC elections in an area where the Police and Crime Commissioner also take on the fire functions.1
You are also disqualified from being elected as, or being a Police and Crime Commissioner if you are either:
- the London Fire Commissioner
- a member of staff of the London Fire Commissioner
- 1. Section.66(10)(11) and (12) Police Reform and Social Responsibility Act 2011 ↩ Back to content at footnote 1
Working for a local council within the police area
You are disqualified from standing at a Police and Crime Commissioner election if:1
- you are a member of staff of or are directly or indirectly employed by a local council that falls either wholly or partly within the police area in which you are standing
- you are a member of staff of or work for an organisation which is under the control of a county, county borough or district council or the Council of the Isles of Scilly, you will be disqualified from being elected as a Police and Crime Commissioner.
Local councils typically have committees and sub-committees. Anyone employed under the direction of such committees or sub-committees is disqualified from standing in any police area that includes all or part of the local council’s area.
As a general rule, if you work in the local public sector, you should seek advice from your employer’s HR department to help you establish whether the disqualification would apply to you. Sometimes employment relationships can be complex and if this is the case for you, we recommend that you seek your own legal advice.
If you are a teacher or a non-teaching member of staff at a school or other educational institution maintained or assisted by a local council, you can stand at a Police and Crime Commissioner election provided you meet the qualifications and are not otherwise disqualified.
The working for the local council disqualification applies on the date of nomination and on the day of election. If you were employed by the local council, you must have resigned and served any notice period before the date of your nomination to avoid having a contract of employment with the local council at that time.
A local council for these purposes is:
- a county council
- a county borough council
- a district council
- a parish council
- a community council
- the Council of the Isles of Scilly
except that you may be employed in an organisation that is under the control of a parish or community council.
- 1. Section.66 Police Reform and Social Responsibility Act 2011 ↩ Back to content at footnote 1
Bankruptcy restrictions or interim orders
Bankruptcy in itself is not a disqualification. If you have been adjudged bankrupt by a court in England, Wales or Northern Ireland, or are subject to an interim bankruptcy restrictions order, you are not disqualified on that basis, as long as you are not also currently subject to any of the particular bankruptcy disqualifications listed below:1
- you are currently subject to a bankruptcy restrictions order or debt relief restrictions order made by a court in England, Wales or Northern Ireland, or
- your estate has been sequestrated by a court in Scotland and you have not been discharged
- 1. Section.66(3) Police Reform and Social Responsibility Act 2011 ↩ Back to content at footnote 1
Appointing your election agent and other agents
The election agent is the person responsible for the proper management of your election campaign and, in particular, for its financial management. You must have an election agent. If you do not appoint an agent, you will become your own agent by default.1
Once appointed, payments for election expenses can only be made by or through the election agent.2 For more information see our guidance about candidate spending.
You can also appoint other agents to observe the following electoral processes, which both you and your election agent are also entitled to observe:3
- the opening of postal votes
- the poll
- the verification and count
Additionally, you, your election agent and one other person appointed by you will be entitled to attend the PARO’s calculation of the result.
- 1. Article 26 and 29 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Art. 31 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Paragraph 33 Schedule 2 and Paragraph 31 Schedule 3 PCCE Order 2012 ↩ Back to content at footnote 3
Who can be an election agent
There are no particular qualifications needed to be an election agent and you can be your own agent if you wish.
However, the following people are not allowed to be election agents:1
- the PARO, a Local Returning Officer (LRO) or a member of their staff (including any clerks appointed specifically for the election)
- a deputy or clerk of the PARO, LRO or a member of their staff
- an officer of a local authority whose services have been placed at the disposal of the PARO or LRO
- a partner or clerk of any of the above
Your party may also have specific rules about who you can appoint as an election agent.
- 1. Article 59 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Appointing an election agent
Because of the responsibilities attached to the role of an election agent you should consider carefully who you are going to appoint and make sure that they understand their obligations. You can be your own agent if you wish.
You, or someone on your behalf, must declare in writing the name, address and office address of your election agent to the PARO by 4pm, 19 working days before the poll.1 The declaration should be signed by you (or the person making the declaration on your behalf) and by the agent to show their acceptance of the appointment.
It is helpful also to provide a contact telephone number and email address for your election agent so that the PARO or LRO can easily contact them.
The PARO may provide a declaration form, or you could use the election agent declaration form produced by the Commission. If you do not appoint someone as your agent by the deadline, you will automatically become your own agent.2
Your agent's office address must be within the police area where the election is being held. It must be a physical address – PO boxes or similar mailboxes cannot be used.3
The agent's office address will often be their home address, but it could be the local party office or an office set up for the election.
If you automatically become your own election agent because you have not appointed an agent, the office address is deemed to be the address you provided on the home address form. If that address is outside the police area, the office address is deemed to be the address of your proposer (i.e. the first subscriber on your nomination form).4
This is the case even where you have chosen to withhold your home address from the statement of persons nominated and ballot paper.
If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the Returning Officer.5
Any new appointment in these circumstances must be made without delay.
- 1. Article 26 Police and Crime Commission Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Art.29 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art.28 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art.29(5) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Section 67(4) Representation of the People Act 1983 ↩ Back to content at footnote 5
Revoking an election agent appointment
You can revoke the appointment of your election agent at any time, including after polling day, and a new appointment can be made in the same manner as outlined in our guidance Appointing an election agent.1 If you revoke your election agent's appointment and do not appoint anyone else, you will be deemed to be your own election agent.
If you are acting as your own agent, you can revoke your own appointment and appoint someone else as your agent.
Once an agent has accepted their appointment, they cannot resign and must fulfil the duties required of them unless you revoke their appointment.
- 1. Article 26 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Sub-agents
Your election agent may appoint sub-agents to act on their behalf in any part of the police area in which you are standing, as long as those parts do not overlap.1 The agent can determine the parts into which they wish to sub-divide the police area.
A sub-agent can do anything that the election agent is entitled to do within the area to which they are appointed.
However, the only election proceeding that a sub-agent is entitled to attend in their own right is the opening of postal votes, provided the opening takes place in the area to which they have been appointed. They may also attend the verification and count, as well as the calculation of the result, provided that they have been appointed to cover those processes for that particular area and they are acting in place of the election agent. While the election agent is present, they may not attend.
The election agent should ensure that any sub-agent is aware of the election and spending rules, as anything done by a sub-agent will be treated as if it had been done by the election agent. For further information on election spending, see our guidance on spending and donations.
The election agent must notify the PARO in writing of the name and address of each sub-agent and the area in which they may act by 5 working days before the day of the poll. The PARO will provide a form you can use. Alternatively, you can use the form included for this purpose in the Commission’s nomination pack.
The election agent can revoke the appointment of a sub-agent at any time and appoint someone else in their place by providing the details of the new sub-agent to the PARO. If another sub-agent is appointed, the election agent must declare in writing the name, address, office address and area of appointment to the PARO.
Once a sub-agent has accepted their appointment, they cannot resign and must fulfil the duties required of them unless the election agent revokes their appointment.
- 1. Article 27 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Candidate spending
The following section provides guidance on candidate spending at Police and Crime Commissioner elections in England and Wales.
This guidance covers:
- how much you can spend in the lead up to the election
- which activities count as candidate spending
- what records you must keep
- how to account for different types of spending
The election agent has the main responsibility for complying with these laws, even if they appoint a sub-agent to help you with your expenses. However, candidates should be fully aware of the laws as both the candidate and agent must declare that the spending return is complete and accurate to the best of their knowledge and belief.1
See Who is responsible for candidate spending? for more information about the responsibilities of the agent and candidate.
- 1. Article 41(1) & (2) The Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
When do the candidate spending laws apply?
We call the time when the spending laws apply the ‘regulated period’.
The regulated period
The regulated period for the 2024 Police and Crime Commissioner elections in England and Wales begins on the day after the date you officially become a candidate and ends on polling day, 2 May 2024.1
When does a person officially become a candidate?
The earliest date you can officially become a candidate is the last date for publication of the notice of election, which will be Tuesday 26 March 2024.2
You will become a candidate on this date if you or others have already announced your intention to stand.3 For example, your party may have issued a press release when you were selected, or you might have mentioned your intention at a residents’ meeting.
If your intention to stand has not been announced by 26 March 2024, you will officially become a candidate on the earlier of:
- the date your intention to stand is announced
- the date when you submit your nomination papers4
This must be prior to the close of nominations, which is 4pm on Friday 5 April 2024.
- 1. Art. 50(1) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Article 3(2)(a) & Schedule 3, paragraph 1 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 3(2)(a) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 3(2)(b) PCCE Order 2012 ↩ Back to content at footnote 4
Incurring and making payments for candidate spending
There are rules to make sure that spending can be controlled and accurately recorded and reported.
It is your responsibility to fully and accurately report candidate spending. You should ensure you understand the rules and that all spending is properly authorised, recorded and reported.
Once an agent is appointed, only the following people are allowed to incur election spending:
- the agent
- the candidate, and
- anyone authorised by the candidate or agent
By ‘incur’ we mean making a legal commitment to spend the money. If you authorise someone to incur candidate spending, you must do so in writing and be clear how much they can spend and on what.1
The agent rather than the candidate must make payments for most candidate spending.2 There are four exceptions:
- the candidate can pay for items before the agent is appointed3
- the candidate can pay up to £5,000 for personal expenses for travel and accommodation4
- the agent can authorise in writing someone to pay for minor expenses such as stationery or postage. The authorisation must include the amount of the payment.5
- the agent can give written authorisation for someone to incur spending on behalf of the candidate so that the spending does not count towards that person’s ‘permitted sum’ in the police area on campaigning for the candidate (see Local campaigning).6 The person authorised to incur the spending is also able to make the payments for that spending.7
If any payments are made by anyone other than the candidate, agent or sub-agent – for example by a person authorised in writing to incur spending – then this will be a donation to the candidate if it is over £50 (and it is not reimbursed by the agent).8 See Candidate donations for more on donations.
Candidates can also act as their own election agents.9 You should make sure that your volunteers and campaigners are aware of these rules and know who can and cannot incur or pay costs.
- 1. Art. 32(4) & art. 34(1) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 31(1) & (4) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 32(2) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 32(1) & art. 72 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Art. 32(4) PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Art. 34(1) PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Art. 31(1) & (4)(ca) PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Sch. 5, para. 2(1)(c) & para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 8
- 9. Art. 26(2) PCCE Order 2012 ↩ Back to content at footnote 9
How much can you spend?
The spending limit for the regulated period is a maximum amount based on the police area in which you are standing.
The limits are:1
Police area | Spending limit | Police area | Spending limit |
---|---|---|---|
Avon & Somerset | £305,130 | Norfolk | £165,210 |
Bedfordshire | £114,570 | North Wales | £130,400 |
Cambridgeshire | £148,910 | North Yorkshire | £153,100 |
Cheshire | £195,410 | Northamptonshire | £130,980 |
Cleveland | £105,280 | Northumbria | £267,750 |
Cumbria | £98,900 | Nottinghamshire | £200,320 |
Derbyshire | £194,340 | South Wales | £238,490 |
Devon & Cornwall | £319,410 | South Yorkshire | £244,590 |
Dorset | £146,350 | Staffordshire | £209,920 |
Durham | £121,930 | Suffolk | £137,880 |
Dyfed-Powys | £99,430 | Surrey | £211,410 |
Essex | £320,960 | Sussex | £301,210 |
Gloucestershire | £118,220 | Thames Valley | £415,290 |
Gwent | £107,370 | Warwickshire | £104,710 |
Hampshire | £356,810 | West Mercia | £231,030 |
Hertfordshire | £207,270 | West Midlands | £489,410 |
Humberside | £173,230 | Wiltshire | £128,270 |
Kent | £312,650 | ||
Lancashire | £276,210 | ||
Leicestershire | £192,370 | ||
Lincolnshire | £136,780 | ||
Merseyside | £249,920 |
- 1. Article 35(2) Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
What records must you keep?
You should ensure that a system is in place to keep records of all your candidate spending so that you can comply with your reporting responsibilities after the election. Election agents are responsible for reporting spending after the election.
What you need to record
For each item of spending, you must record the following information to include in your spending return after the election:
- what the spending was for – for example, leaflets or advertising
- the name and address of the supplier
- the amount or value
- the date that you spent the money
All costs must include VAT, even if you can recover VAT payments.
You must keep invoices or receipts for any payments of £20 or over.1
The agent may want to also keep copies of each example of campaign material (such as letters or leaflets) used in case there is a need to refer back to it.
You must also record details of spending where:
- you make use of items that have been provided to you
- you authorise spending to be incurred by someone else
See sections on notional spending and local campaigning for more details.
For information on the details required in the spending return, please see Completing your return.
- 1. Art. 31(1) & (2) PCCE Order 2012 ↩ Back to content at footnote 1
What is candidate spending?
Candidate spending is spending on activities to promote your candidacy, or to criticise other candidates, during the regulated period.1
To be candidate spending it must:
- be an activity on list of types of election expenses
- promote the candidate2
Once you have determined that something is candidate spending, you need to determine how it must be reported. It may be:
- ordinary spending incurred by the candidate or agent
- notional spending, where something is provided for you and made use of in your campaign
- local campaigning, where spending is incurred by someone other than the candidate or agent
The following pages provide detail on the activities that count as candidate spending and the different ways the spending is reported.
- 1. Art. 50 & Art. 3(2) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 50 PCCE Order 2012 ↩ Back to content at footnote 2
What activities count as candidate spending?
During the regulated period, spending on any of the following activities will count as candidate spending if the activity promotes the candidate:
- advertising of any kind except the official election address that you can place on the Cabinet Office website.1 For example, posters, newspaper adverts, websites, or videos
- unsolicited material sent to voters.2 For example, letters, leaflets, or emails you send that aren’t in response to specific queries
- transport costs.3 For example, hire cars or public transport for your campaigners
- public meetings.4 For example, reimbursing expenses of attendees, hiring premises and paying for goods, services or facilities for a public meeting
- staff costs.5 For example, an agent’s salary, or staff seconded to you by their employer. You do not need to include time spent on your campaign by volunteers
- accommodation.6 For example, your campaign office
- administrative costs.7 For example, telephone bills, stationery, photocopying and the use of databases
This includes:
- all costs associated with an activity. For example, if you are producing leaflets or advertising, you must include the design and distribution costs
- items or services bought before the regulated period that you use during the regulated period
- some items or services given to you free of charge or at a discount that you make use of during the regulated period. See Notional spending for more information.
This spending must be reported in your spending return after the election. More details on each category are given on the following pages.
- 1. Sch. 7, para. 1 & 9 PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 7, para. 2 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 7, para. 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Sch. 7, para. 4 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Sch. 7, para. 5 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Sch. 7, para. 6 PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Sch. 7, para. 6 PCCE Order 2012 ↩ Back to content at footnote 7
Advertising of any kind
General costs
This includes the cost of use, or hire, of any:
- agency, individual or organisation
- services provided by any agency, individual or organisation
- premises or facilities
- equipment
that is used to:
- prepare, produce or facilitate the production of advertising material
- disseminate advertising material by distribution or otherwise
Example
For example, the hire of a photographer and premises to produce images for use in advertising material.
Software
Software
It includes the cost of any software, of any kind, for use on any device to:
- design and produce advertising material in-house
- disseminate or facilitate dissemination of advertising material
whether that material is distributed digitally, electronically or via other means.
Example
For example, a licensing fee for a software application for use on a device.
Services, facilities and equipment
Services, facilities and equipment
It includes the cost of use, or hire, of any:
- agency, individual or organisation
- services provided by any agency, individual or organisation
- premises or facilities
- equipment
used to
- prepare, produce or facilitate the production of digital or electronic advertising material
- distribute or facilitate the dissemination of that advertising material via any means
including any cost attributable to increasing the visibility of content by any means.
Example
For example, the purchase of a more prominent position on a page within a search engine.
Websites and other digital material
Websites and other digital material
It includes the costs of:
- hosting and maintaining a website or other electronic/digital material that promotes the candidate
- designing and building the website
- a portion of any website or material that is set up to obtain funds for the candidate but also promotes the candidate during the regulated period
Material for sharing
It includes the cost of preparing, producing or facilitating the production of advertising material for:
- downloading and use by others
- posting on and promoting the candidate via any kind of social media channel or platform
Example
For example, the costs of producing advertising material promoting the candidate that is posted to a page on a social media channel encouraging followers to share it.
Downloadable material
Downloadable material
If you put material on a website for people to print off for their personal use, such as window posters or petition forms, the design and website costs count as candidate spending. You do not need to count people’s print costs against your spending limit unless people are printing documents on your behalf.
If the material could be printed and distributed to voters – for instance a leaflet – you will need to make it clear how you expect people to use it.
If you authorise wider use of the material, the production costs may count as candidate spending whoever does the printing.
Networks
It includes the cost of accessing, purchasing, developing and maintaining any digital or other network which:
- facilitates distribution or dissemination of advertising material by any means
- promotes or increases the visibility of advertising material by any means
Example
For example, the purchase of digital identities used to make material appear as if it has been seen and approved by a high number of users on a social media platform.
Other costs that are included
Other costs that are included
It includes the cost of any rights or licensing fee for any image used in producing advertising material.
It includes the cost of:
- paper or any other medium on which advertising material is printed
- physically displaying advertising in any location, for example cable ties or glue for putting up posters
It includes the cost of purchase, hire or use of:
- photocopying equipment
- printing equipment
for use in the candidate’s election campaign, except where:
- the equipment was acquired by the candidate principally for the candidate’s own personal use
- it is provided by another individual, the equipment was acquired by that individual for their own personal use and the candidate is not charged for the use of it
Where paper, photocopying equipment or a printer is purchased or hired principally for use in the campaign, the full cost must be reported.
It includes the cost of purchase and use of any other equipment in connection with:
- preparation, production or facilitating the production of the advertising material
- dissemination by distribution or otherwise of the advertising material
It includes the cost of food and/or accommodation for any individual who provides services in connection with advertising material for the candidate that is paid for or reimbursed by the candidate, the candidate’s party or another third party.
Costs that are excluded
It does not include the cost in respect of the hosting and publication of the official election address.1
- 1. Sch. 7, para. 9 PCCE Order 2012 ↩ Back to content at footnote 1
Unsolicited material addressed to voters
Costs associated with obtaining information and targeting or identifying voters, including database costs
This includes the cost of accessing, obtaining, purchasing, developing or maintaining:
- IT software or contact databases
- any information, by whatever means
that is used to facilitate the sending of unsolicited material to voters.
Example
For example, the purchase of email addresses to target voters
N/A
It includes the cost of accessing, obtaining or developing data sets, including data analytics to target voters by whatever means, including the cost of agencies, organisations or others that identify groups of voters, by whatever means.
Example
For example, the cost of any agency paid to analyse social media content to facilitate targeting of voters in a specific electoral area and the cost of modelling by an agency based on that analysis.
N/A
It includes the cost of any services to identify voters that are purchased, developed or provided before the regulated period, but are used to target voters during the regulated period.
Where information or access to information is obtained from a third party, including a political party, the commercial cost of obtaining that information from the third party is included.
Costs associated with preparing, producing or distributing unsolicited material to voters, including via digital means
This includes the cost of use, or hire, of any:
- agency, individual or organisation
- services provided by any agency, individual or organisation
- premises or facilities
- equipment
that is used to:
- prepare, produce or facilitate the production of the unsolicited material
- disseminate the unsolicited material by distribution or other means, including any cost attributable to increasing the visibility of material via any means
It includes the cost of delivering material by any means including electronic means or the physical distribution of the material.
Example
For example, the cost of envelopes and stamps or the purchase of a system for sending emails.
N/A
It includes the cost of accessing, developing and maintaining any digital or other network which promotes or increases the visibility of unsolicited material on any platform.
Example
For example, a candidate pays a developer to create an app that facilitates targeting of their material on a social media channel.
N/A
It includes the cost of oversight and maintenance of all social media, digital or other forms of distribution of unsolicited material. This includes the maintenance of all social media accounts, including if they are maintained by another entity/individual.
Other costs that are included
It includes the cost of any rights or licensing fee for any image used in producing unsolicited material.
It includes the cost of paper or any other medium on which unsolicited material is printed.
It includes the cost of purchase, hire or use of:
- photocopying equipment
- printing equipment
for use in the candidate’s election campaign, except where:
- the equipment was acquired by the candidate principally for the candidate’s own personal use
- it is provided by another individual, the equipment was acquired by that individual for their own personal use and the candidate is not charged for the use of it
Where paper, photocopying equipment or a printer is purchased or hired principally for use in the campaign, the full cost must be reported.
It includes the cost of purchase and use of any other equipment in connection with:
- preparation, production or facilitating the production of the unsolicited material
- dissemination by distribution or otherwise of the unsolicited material
It includes the cost of food and/or accommodation for any individual who provides service in connection with unsolicited material for the candidate that is paid for or reimbursed by the candidate, the candidate’s party or another third party.
Costs that are excluded
It does not include any cost associated with the obtaining of data as permitted under any statute or regulation.
Example
For example, candidates are entitled to a copy of the electoral register.
Transport costs
It includes the cost of transport for the agent where they are reimbursed by the candidate, the candidate’s party or another third party.
Transport of volunteers and campaigners
It includes the cost of transporting:
- volunteers
- party members, including staff members
- other campaigners
around the electoral area, or to and from the electoral area, including the cost of:
- tickets for any transport, including any booking fee
- hiring of any transport
- fuel or electricity purchased for any transport
- parking for any transport
where they are undertaking campaigning on behalf of the candidate.
It includes the cost of transport paid for by any individual, political party or other third party that is paid for or reimbursed either by the candidate, the political party or a third party, where the individuals being transported were campaigning or undertaking activities associated with the campaign for the candidate.
Transport to an event
It includes the cost of transporting attendees to an event promoting the candidate where that cost is reimbursed or paid for by the candidate, the candidate’s party or another third party.
Transport that is promoting the candidate
This includes the cost of use, or hire, of any vehicle or form of transport that displays material promoting the candidate, including any cost associated with:
- design and application of the design to the vehicle or form of transport
- driving or moving a vehicle around a specific electoral area
- parking fees where a vehicle is used to display material
Costs that are excluded
The following costs are excluded:
- where the cost is paid for by the individual who used the transport and that payment is not reimbursed
- where transport is provided free of charge by any other individual if the means of transport was acquired by that person principally for their own personal use
‘Personal expenses’ include the reasonable travelling expenses of the candidate in relation to the election.
Where a transport cost is a personal expense for the candidate, this does not count towards the spending limit. It must be recorded as a personal expense in the spending return. See Personal expenses for more information.
Public meetings of any kind
Services, premises, facilities or equipment provided by others
This includes the cost of the use, or hire, of any:
- agency, individual or organisation
- services provided by any agency, individual or organisation
- premises or facilities
- equipment
used in:
- promoting a public meeting
- holding or conducting a public meeting to promote the candidate
- live streaming or broadcasting a public meeting by any means
Other costs under public meetings
It includes the cost of promoting or advertising the event, via any means.
It includes the cost of an event that is being held via a link of any kind or is being live streamed or broadcast, where that event is open to be viewed by users of a channel or platform or by other means.
It includes the cost of the provision of any goods, services or facilities at the event, for example the cost of hiring seating.
It includes the cost of purchase of any equipment in connection with:
- holding or conducting a public meeting to promote the candidate
- live streaming or broadcasting a public meeting by any means
It includes the cost of accommodation and other expenses for any attendee where that cost is reimbursed or paid for by the candidate, the candidate’s party or another third party.
Costs you do not need to include
You do not need to include:
- events that are for party members only
- events held mainly for purposes other than your campaign,
where your attendance is incidental – for example, an annual social event at which you say a few words
You should make an honest assessment on the facts of whether the meeting is genuinely being held for other purposes.
You may also be invited to attend hustings events run by local organisations or community groups. We have published separate hustings guidance which explains when the spending rules may apply to these events.
Staff costs
Agent costs
This includes any remuneration, including allowances, paid to the agent.
Staff who are employed by a political party
It includes the cost of any staff member of a political party who
- provides services to the candidate that are for the purposes of the candidate’s election during the regulated period, or
- provides services to the candidate that are for the purposes of the candidate’s election prior to that time which are then used during the regulated period
Examples
Example A
A staff member of a political party spends their paid working hours coordinating volunteers campaigning for a candidate in a specific electoral area. Their work time is to be regarded as for the purposes of the candidate’s election.
If it is provided to and made use of by or on behalf of the candidate, then the costs of paying that staff member must appear in the candidate return as notional spending (if the value is more than £50).
If it is not provided to and made use of by or on behalf of the candidate, it will count as local campaigning for the candidate.
Please see Notional spending and Local campaigning for more information on these types of spending.
Example B
A staff member of a political party spends their paid working hours on a number of different campaigning activities, including both promoting the party generally and promoting a specific candidate. The proportion of their work time that is spent promoting the candidate is to be regarded as for the purposes of that candidate’s election.
If it is provided to and made use of by or on behalf of the candidate, then that proportion of the costs of paying that staff member must appear in the candidate return as notional spending.
If it is not provided to and made use of by or on behalf of the candidate, it will count as local campaigning for the candidate.
Example C
A number of candidates attend a briefing on the party’s manifesto pledges given by paid party staff. Because the focus is on national party manifesto pledges, the briefing is not to be regarded as given for the purposes of their election as candidates.
Therefore, no spending needs to appear in the candidate returns.
N/A
Staff monitoring social media and other press activities
It includes the cost of staff engaged in the management and monitoring of social media channels or platforms and the obtaining of data to allow targeted campaigning. This includes hiring staff to analyse and sort the data and the cost of staff to monitor and post or respond to any kind of social media or other account.
It includes the cost of staff engaged in the management of press activities of any kind, including staff who are liaising with, managing or monitoring any kind of media activity by any means in connection with the candidate’s election.
Any other person whose services are engaged
It includes the cost of any other person whose services are engaged in connection with the candidate’s election.
Volunteer time
It does not include the cost for services of an agent or any other person who is a volunteer.
You also do not have include the costs of people’s travel, food and accommodation costs while they campaign on your behalf, if they meet the costs themselves.
However, any expenses you meet for them, or reimburse them for, such as transport or accommodation, do count as your spending.
Sometimes you may not be sure if someone working for your campaign is a volunteer or if you should count their time towards your spending limit. For example, they may offer similar services professionally to the ones they are performing for you.
For example, they will be a volunteer if:
- their employer is not paying them for the time they spend on your campaign
- they are using their annual leave
- where they are self-employed, you won’t benefit from any professional insurances they hold
If they use specialist equipment or materials, it is likely this will be notional spending.
Accommodation and administrative costs
Office space and equipment
This includes the rental cost of office space, including business rates, for the candidate’s campaign, whether newly rented or under an existing rental agreement, and so notional spending will be incurred where such office space is provided free of charge or at a discount by a political party or a third party.
It includes the cost of office space where that office space is being shared. An apportionment must be made and an amount that reasonably reflects the use by the candidate in campaigning must be included in the return for the candidate. This amount will count towards the spending limit of the candidate.
It includes the cost of purchase, use or hire of any general office equipment for the candidate’s campaign, and so notional spending will be incurred where such equipment is provided free of charge or at a discount by a political party or a third party.
Example
For example, desks, chairs and computers provided by a party for use in the candidate’s campaign.
N/A
It includes the cost of purchase, hire or use of:
- mobile phones or other hand-held devices
- the associated contracts
for use in the campaign by the candidate, agent and any other staff or volunteer, where that equipment and/or associated costs are paid for by the candidate, the candidate’s party or another third party except where:
- the equipment was acquired by the candidate principally for the candidate’s own personal use and the costs are not more than would usually be incurred outside of an election period
- it is provided by another individual, the equipment was acquired by that individual for their own personal use, the costs are not more than would usually be incurred outside of an election period and the candidate is not charged for the use of it
Examples
Example A
A SIM card with a data and calls allowance is bought for a candidate to use in their campaign, this would count as candidate spending
Example B
A volunteer’s mobile phone is used to co-ordinate other volunteers, and a portion of the phone contract charges are reimbursed by the candidate to the volunteer, this would count as candidate spending
Example C
The candidate uses their own phone which they acquired for their own personal use, and no further costs are incurred beyond the usual monthly charge for calls or data. This does not count as candidate spending
N/A
Overheads
It includes the cost of:
- electricity
- phone lines and internet access
for use in the candidate’s campaign.
It includes the subscription cost for media monitoring services, press wire and press release services.
Costs associated with agents, volunteers and employees
It includes the cost of accommodation for the agent where it is reimbursed by the candidate, the candidate’s party or another third party.
It includes the cost of volunteers, employees and party employees campaigning for the candidate in a specific electoral area, including their accommodation costs if they are reimbursed by the candidate, the candidate’s party or another third party.
Costs which are excluded
It does not include the cost of childcare for a candidate or their agent or a volunteer.
It does not include the cost of water, gas or council tax.
It does not include the provision by any other individual of accommodation which is the sole or main residence of the individual if the provision is made free of charge.
‘Personal expenses’ include the reasonable accommodation costs of the candidate in relation to the election.
Where an accommodation cost is a personal expense for the candidate, this does not count towards the spending limit. It must be recorded as a personal expense in the spending return. See Personal expenses for more information.
What doesn’t count as candidate spending?
- payment of your election deposit1
- costs that are reasonably attributable to the candidate’s disability2
- anything (except adverts) appearing in a newspaper, periodical or on a licensed broadcast channel3
- spending on your official election address4
- facilities you use because you are entitled to do so as a candidate, such as a public room for a meeting5
- volunteer time including time spent by your staff that you do not pay them for6
- use of someone’s main residence, provided free of charge7
- use of someone’s personal car or other means of transport, acquired principally for that person’s personal use and provided free of charge8
- use of someone’s computing or printing equipment acquired principally for that person’s personal use and provided free of charge9
- reasonable expenses attributable to the protection of persons or property, for example hiring security or purchasing antivirus software for protecting campaign computers10
- 1. Sch. 7, para. 7 PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 7, para. 7A PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 7, para. 8 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Sch. 7, para. 9 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Sch. 7, para. 10 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Sch. 7, para. 11 PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Sch. 7, para. 12 PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Sch. 7, para. 13 PCCE Order 2012 ↩ Back to content at footnote 8
- 9. Sch. 7, para. 14 PCCE Order 2012 ↩ Back to content at footnote 9
- 10. Sch. 7, para. 14A PCCE Order 2012 ↩ Back to content at footnote 10
Official election address
Candidates can place an official election address on the Cabinet Office website. Spending on preparing and publishing the election address does not count towards your spending limit and should not appear on your spending return.1
For more information on the official election address, please see our election address factsheet.
- 1. Sch. 7, para. 9 PCCE Order 2012 ↩ Back to content at footnote 1
Personal expenses
Personal expenses include the reasonable travel and living expenses (such as hotel costs) of the candidate.1 Personal expenses do not count towards the spending limit but you must report them on your spending return.2
Personal expenses may include car hire for the candidate if the candidate does not already own a car, or if their car is not suitable for campaigning. For example, if you are standing in a rural electoral area, it may be reasonable to hire a four-wheel drive vehicle to access remote areas.
A candidate can pay up to £5,000 in total of personal expenses. The agent must pay any sums above this amount.3
Candidates must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.4
- 1. Art. 72 PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 35(3) & Art. 40 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 32(1) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 32(3) & Art. 37(1) PCCE Order 2012 ↩ Back to content at footnote 4
Unused and reused items
Unused and reused items1
When you use an item for the first time, you must include the cost.
Items that are not used
You do not have to report spending on items that are not used (for example if leaflets are never distributed) and this does not count against the spending limit.
You should retain the unused material or evidence it was destroyed.
If you use the leftover items at a later election, you must report the spending on those items at that later election.
Re-use of items
Where you have paid for an item, you must report the full cost at the time of first use, even if you intend to use it again at a future election.
If you do use it again at a subsequent election, you do not have to report the original payment again. There may be some associated costs which must be reported at that election, for example for storage or cleaning.
- 1. Art. 50(1) PCCE Order 2012 ↩ Back to content at footnote 1
Items received free of charge or at a discount and ‘notional spending’
Sometimes you might use something in your campaign that you did not have to spend money on, because it was provided to you as a benefit in kind, for free or at a discount.
Some examples of a benefit in kind could be:
- space in a hall for an event
- leaflets
- providing volunteers with food and transport
When you use something provided to you as a benefit in kind, the full value of what you used counts towards your spending limit and must be reported.1
This is called ‘notional spending’.
Benefits in kind transferred or provided for your use or benefit
Under the law there are two different terms used when assessing the value of these benefits in kind.
Items or goods are transferred to the candidate when ownership is given to the candidate. Where items or goods are transferred to the candidate free of charge or at a non-commercial discount of more than 10%, these must be valued at its ‘market value’.2 The market value means the price that would reasonably be expected to be paid for the item or goods if it was on sale in the open market.3
In contrast, items, goods or services are provided for the candidate’s use or benefit if it is made available for the candidate’s use, but there is no change in ownership. Where an item, goods or services are instead provided for the candidate's use or benefit free of charge or at a non-commercial discount of more than 10%, the provision of these must be valued at a ‘commercial rate’.4 There is no set definition for commercial rate under the law, however this may be the average rates for the item, goods or service offered by commercial providers.
In this guidance we use the term ‘commercial value’ as an umbrella term for both market value and commercial rate.
What counts as notional spending?
There are five tests that must all be met in order for an item to count as notional spending
- it is transferred to you or provided for your use or benefit
- it is transferred or provided for free or at a non-commercial discount of more than 10%5
- the difference in value between the commercial value of what is provided and what you pay is over £506
- you make use of it in your campaign (or someone does on your behalf)7
- it would have been election expenses if you had incurred the spending.8 See What activities count as candidate spending? for information about the categories of candidate spending
The following pages provide more information and examples detailing these tests.
- 1. Art. 51(3) & (4) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 51(1)(a)(i) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 51(6) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 51(1)(a)(ii) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Art. 51(1)(a) PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Art. 51(2), (3) & (4) PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Art. 51(1)(b) PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Art. 51(1)(b) PCCE Order 2012 ↩ Back to content at footnote 8
Transferred to or provided for the use or benefit of the candidate
The item must be transferred or provided to the candidate for it to count as notional spending.1
This means that any notional spending will also be a donation to the candidate and must be reported separately in the donations section of the spending return. You can find out more about the rules on donations in Candidate donations.
Example
Example A
A party sends one of their candidates some leaflets to use in the candidate’s campaign – so the leaflets have been transferred to the candidate.
If the candidate distributes the leaflets, they have made use of them in their campaign. The value of the leaflets (if over £50) must be reported as notional spending.
N/A
If an item promoting your election is not transferred or provided to you, then it is likely to be local campaigning by whoever has carried out the activity.
Example
Example B
A party sends out some leaflets that promote the candidate, directly to voters. They inform the candidate they’re going to do so in advance.
In this example, they have not provided anything to the candidate – they have just told the candidate what they are doing. They have campaigned for the candidate themselves.
Although the leaflets may benefit the candidate, the party has not given something to the candidate that the candidate can then decide whether or how to use.
This is not notional spending. It is local campaigning for the candidate. See local campaigning for more information.
- 1. Art. 51(1)(a) PCCE Order 2012 ↩ Back to content at footnote 1
Commercial and non-commercial discounts
Commercial discounts are those available to other similar customers, such as discounts for bulk orders or seasonal reductions. Items, goods and services purchased with commercial discounts will not be treated as notional spending.
Non-commercial discounts are special discounts that you are given by suppliers. This includes any special rate which is not available on the open market. These are different to commercial discounts available to all customers, such as discounts for bulk orders or seasonal reductions.
Example
For example, a printer provides a candidate with a quote of £120 to print leaflets to promote the candidate’s campaign. The printer also offers the candidate a 5% discount on the order because they like the candidate’s policies. The candidate pays for the leaflets, accepts the discount, and arranges for the leaflets to be delivered to voters.
While the leaflets have been provided for the candidate’s use at a non-commercial discount, the discount is not more than 10%. This is not notional spending. The candidate must report the £116 paid for the leaflets as a usual payment made by the agent.
Made use of by or on behalf of the candidate
If a benefit in kind is transferred or provided to the candidate, it only counts as notional spending if it is made use of by the candidate in their campaign, or by someone acting on their behalf.1
If a campaign activity in support of the candidate is carried out by someone else, it is not enough that the candidate has benefitted from the activity, has been told about it, or even has expressed their thanks to the person carrying it out.
A person only makes use of something on behalf of the candidate if that use has been directed, authorised, or encouraged by the candidate or agent.2
‘Making use of’ the benefit in kind requires that there is some active involvement on the part of the candidate (or someone on their behalf) to make use of the goods or services being provided.
‘Making use of’ can include:
- contributing personally – for example the candidate provides content for leaflets which the party then produces and delivers, thereby using the service provided by the party
- arranging for someone else to contribute on your behalf – for example asking local party volunteers to help deliver leaflets that are provided by their party
Example
For example, a party sends one of their candidates some leaflets to use in the candidate’s campaign, but the candidate and their agent never deliver the leaflets.
In this example neither the candidate, nor someone on their behalf, has made use of the leaflets in their campaign. This is not notional spending. The costs for the leaflets should not be included in the candidate’s return as the leaflets were not used.
- 1. Art. 51(1)(b) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 51(1A) PCCE Order 2012 ↩ Back to content at footnote 2
Valuing notional spending
Notional spending begins with being provided with something of value. When the value is over £50, this is also a donation.1 You should work out the value of what has been provided as notional spending in the same way as you work out the value of a non-monetary donation.
Please see How do you value a donation? for further guidance on valuing notional spending and donations.
Valuing seconded staff
If an employer seconds a member of staff to your campaign, you must record their gross salary and any additional allowances as notional spending.
You do not need to include the employer’s national insurance or pension contributions. You will need to include the value of any expenses, such as travel or food, that you or the employer refunds.
- 1. Sch. 5, para. 2(1)(e) & para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 1
Examples of notional spending
There are five tests that must all be met in order for an item to count as notional spending
- it is transferred to you or provided for your use or benefit
- it is transferred or provided for free or at a non-commercial discount of more than 10%1
- the difference in value between the commercial value of what is provided and what you pay is over £502
- you make use of it in your campaign (or someone does on your behalf)3
- it would have been election expenses if you had incurred the spending.4 See What activities count as candidate spending? for information about the categories of candidate spending
Example
Example A
A party sends one of their candidates leaflets with a value of £100 to use in the candidate’s campaign. The candidate accepts the leaflets and arranges for them to be delivered to voters.
The first and second tests have been met as the leaflets have been provided for the candidate’s use for free.
The third test has also been met as the difference in value between the commercial value of the leaflets (£100) and what the candidate pays (£0) is over £50.
The fourth test is met as the candidate has arranged for the leaflets to be used on their behalf by arranging the delivery.
The fifth test is met as unsolicited material to electors counts as an election expense.
As all the tests have been met, this is an example of notional spending. The full value of the leaflets provided to the candidate must be reported as notional spending.
A donation has also been made to the candidate as the value of the notional spending is over £50.
Example B
A printer provides a candidate with a quote of £200 to print leaflets to promote the candidate’s campaign. The printer also offers the candidate a 50% non-commercial discount on the order. The candidate pays for the leaflets, accepts the discount, and arranges for the leaflets to be delivered to voters.
The first and second tests have been met as the leaflets have been provided for the candidate’s use at a non-commercial discount of more than 10%.
The third test has also been met as the difference in value between the commercial value of the leaflets (£200) and what the candidate pays (£100) is over £50.
The fourth test is met as the candidate has arranged for the leaflets to be used on their behalf by arranging the delivery.
The fifth test is met as unsolicited material to electors counts as an election expense.
As all the tests have been met, this is an example of notional spending. The candidate must report the amount they paid for the leaflets as a usual payment paid by the agent.
The value of the leaflets provided to the candidate through the discount must be reported as notional spending.
A donation has also been made to the candidate as the value of the notional spending is over £50.
- 1. Art. 51(1)(a) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 51(2), (3) & (4) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 51(1)(b) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 51(1)(b) PCCE Order 2012 ↩ Back to content at footnote 4
Local campaigning
In some instances, people spend money to promote a candidate without providing or transferring something for the candidate’s use or benefit during the campaign. Likewise, people may spend money to criticise a candidate or encourage voters not to support them.
Organisations or individuals, who are not standing as candidates at the elections, who campaign for or against a candidate are known as ‘local non-party campaigners’.
Local non-party campaigners can spend up to a ‘permitted sum’ in each police area on campaigning for or against a candidate.1 Each police area has its own spending limit. It applies once the candidate is officially a candidate (see When do you officially become a candidate?).
These limits are:2
Police area | Spending limit | Police area | Spending limit |
---|---|---|---|
Avon & Somerset | £6,278 | Norfolk | £3,392 |
Bedfordshire | £2,347 | North Wales | £2,674 |
Cambridgeshire | £3,055 | North Yorkshire | £3,142 |
Cheshire | £4,015 | Northamptonshire | £2,686 |
Cleveland | £2,155 | Northumbria | £5,507 |
Cumbria | £2,024 | Nottinghamshire | £4,116 |
Derbyshire | £3,993 | South Wales | £4,904 |
Devon & Cornwall | £6,573 | South Yorkshire | £5,030 |
Dorset | £3,003 | Staffordshire | £4,314 |
Durham | £2,499 | Suffolk | £2,828 |
Dyfed-Powys | £2,035 | Surrey | £4,345 |
Essex | £6,605 | Sussex | £6,197 |
Gloucestershire | £2,422 | Thames Valley | £8,551 |
Gwent | £2,199 | Warwickshire | £2,144 |
Hampshire | £7,345 | West Mercia | £4,750 |
Hertfordshire | £4,260 | West Midlands | £10,080 |
Humberside | £3,557 | Wiltshire | £2,630 |
Kent | £6,433 | ||
Lancashire | £5,682 | ||
Leicestershire | £3,952 | ||
Lincolnshire | £2,805 | ||
Merseyside | £5,139 |
A local non-party campaigner cannot spend more than this permitted sum without the agent’s written authorisation to incur the additional spending, which will count towards the candidate’s spending limit.3
If a local non-party campaigner incurs spending over the permitted sum, then this additional spending must be reported by them to the Police Area Returning Officer (PARO) within 21 days of the result being declared.4 There is a separate return and declaration that must be completed by the local non-party campaigner to report authorised expenses.
The authorised expenses must also be included in the candidate’s spending return.5 Money that is incurred by campaigners in local campaigns that has been authorised by the agent is candidate spending and counts towards the spending limit.6
The authorised expenses may also be paid by the person authorised to incur them.7 If they do make the payments, and the spending is over £50, then this will be a donation to the candidate and must be reported in the spending return.8
See Making payments for candidate spending and Candidate donations for more information.
Non-party campaigners planning a local campaign should read our guidance for local non-party campaigners.
Local campaigning by parties
Parties must also be aware that any spending by the party on local campaigning for one of their candidates that is not authorised by the agent, will count as party spending.9 At elections covered by party regulated period, this spending must be included in the party's spending return.10
By law there must be a UK Parliamentary general election by 28 January 2025. This means that it is likely that campaigning at the elections in May 2024 will be covered by a party regulated period.
In contrast, any authorised expenses will only need to appear in the local campaigning forms and candidate spending return as above.
Example
For example, the agent agrees to authorise the party to spend over the permitted sum for that police area on spending to promote the candidate. The agent must provide written authorisation before the party spends over the permitted sum. In this scenario, the party also agrees to make the payments for these authorised expenses.
The agent must report this authorised spending in the candidate’s return, as it will count towards the candidate’s spending limit. As the party have paid for these authorised expenses, these must also be reported as a donation to the candidate if the value is over £50.11
The party must complete a separate return and declaration to report these expenses and submit these to the Police Area Returning Officer within 21 days of the result being declared.12
As the spending is reported in the candidate’s spending return, it does not need to be reported in the party’s spending return.13
- 1. Art. 34(1) & (3) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 34(4) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 34(1) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 34(6) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Art. 40(2)(c) PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Art. 50 & 35(1) PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Art. 31(4)(ca) PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Sch. 5, para. 1(3), para. 2(1)(c), para. 4(2) & para. 10(1) PCCE Order 2012 ↩ Back to content at footnote 8
- 9. Section 72(2) – (7) Political Parties, Elections and Referendums Act 2000 (PPERA) ↩ Back to content at footnote 9
- 10. S.80(3)(a) PPERA ↩ Back to content at footnote 10
- 11. Sch. 5, para. 2(1)(c) & para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 11
- 12. Art. 34(6) PCCE Order 2012 ↩ Back to content at footnote 12
- 13. S.72(7)(a) PPERA ↩ Back to content at footnote 13
Splitting spending
Sometimes, you may need to split your costs between activities that count as candidate spending and those that don’t.
For example, between:
- items used both before and during the regulated period
- your campaign spending and other activities such as an office that you share with your local party
In all cases you should make an honest assessment, based on the facts, of the proportion of expenditure that can fairly be attributed to your candidate spending.
For example, if you are sharing a party office, the telephone bill may only provide a breakdown of the cost of calls over a certain value.
In these cases, you should consider the best way of making an honest assessment on the information you have. For example, you could compare the bill with one that does not cover a regulated period.
It is your responsibility to report your candidate spending fully and accurately. You should ensure you understand the rules and that all spending is properly authorised, recorded, and reported.
After the election, you will have to sign a declaration to declare that it is complete and correct to the best of your knowledge and belief.1
It is an offence to knowingly make a false declaration.2
If you are still not sure, call or email us for advice.
- 1. Art. 41(1) & (2) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 41(6) PCCE Order 2012 ↩ Back to content at footnote 2
Spending to promote the candidate and party
Sometimes spending by parties promotes both the party and the candidate. In these cases, this spending may be reportable by the candidate and count towards the candidate's spending limit rather than the party’s.
To assess whether spending is reportable by the candidate you must first assess whether it promotes the candidate.
What is spending to promote the candidate?
If an activity is aimed at voters in the electoral area in which the candidate is standing to promote or secure the election of that candidate, then it is spending to promote the candidate.
For example, activity promoting a party will be regarded as promoting a candidate whenever the item either:
- identifies the specific candidate
- identifies the specific electoral area in which the candidate is standing
Where material is distributed across a number of electoral areas, you will need to apportion the costs of the activity.
Where material:
- features a candidate
- is distributed across a wider area than just the specific electoral area in which that candidate is standing
a proportion of the cost of that material will be regarded as used for the purposes of the candidate’s election.
The proportion that will be regarded as used for the purposes of the candidate’s election is the cost of distribution in that candidate’s specific electoral area.
If you are in any doubt as to whether spending is or will be candidate or party spending, you should contact us.
For more information on political party campaign spending, see our guidance on party campaign spending.
Please see Splitting spending for further information on apportioning spending.
Examples
Spending by the party that promotes the candidate
N/A
Example A
A political party produces a letter that sets out the party’s policies and in the final lines it asks voters to vote for a specific candidate in that electoral area. Since the candidate is identifiable, the letter is to be regarded as distributed for the purposes of the candidate’s election.
Example B
A political party produces an advert that sets out the party’s policies and asks voters to vote for the party in that electoral area. Although the advert does not name the candidate, it identifies the electoral area. Therefore, the advert is to be regarded as distributed for the purposes of the party’s candidate’s election.
Spending that should be partially attributed to both the party and the candidate
Spending that should be partially attributed to both the party and the candidate
N/A
Example C
A leaflet featuring the party leader is distributed across Great Britain, including in the electoral area where the party leader is standing. The leaflets distributed in the party leader’s electoral area are to be regarded as distributed for the purposes of the leader’s election as a candidate.
Example D
A prominent local councillor is featured in a leaflet that is distributed across the entire county, including in the specific electoral area they are standing in. The leaflets distributed in the councillor’s electoral area are to be regarded as distributed for the purposes of the councillor’s election as a candidate.
Example E
A party prepares a digital campaign featuring a popular party member in one area of the country. The party member is a candidate in one part of that area. The material is targeted at a particular group of voters and will appear in the social media feeds of someone who is in the target group. The target group includes a geographic location. The proportion of the campaign targeted in the prominent party member’s electoral area is to be regarded as published for the purposes of their election as a candidate.
Spending that doesn’t promote the candidate
Spending that doesn’t promote the candidate
N/A
Example F
A political party produces a letter that sets out the party’s policies and encourages voters to vote for the party. Although the letter is addressed to a household in an electoral area, the letter itself does not identify the candidate or the electoral area. This is not to be regarded as used for the purposes of the candidate’s election.
Example G
A party prepares a digital campaign featuring a popular party member across the entire country, including where the party member is a candidate. The material is not targeted but will appear if a particular set of words is typed into a search engine. It is not possible to ascertain how often or when this appeared to voters in the party member’s electoral area. This is not to be regarded as used for the purposes of their election as a candidate.
N/A
Please see the next section for guidance on assessing how to report spending.
Assessing how to report spending
For each activity that you have established is candidate spending, you must remember to work out what type of spending it is, so you know how to report it:
- ordinary spending incurred by the candidate or agent
- notional spending
- local campaigning
If an item or service is provided to and made use of by or on behalf of the candidate, then the relevant proportion of the cost of targeting the candidate’s electoral area is likely to be reportable as notional spending, if it meets the tests.
If it is not done by the candidate or agent and not provided to and made use of by or on behalf of the candidate, it will count as local campaigning for the candidate.
The following examples illustrate first determining whether the spending promotes the candidate, and then determining how it must be reported.
Examples
Example A
A party holds an event in the candidate’s electoral area. The party leader attends and gives a speech. In the speech the leader only talks about national policies. The candidate is invited to attend and does so. They do not play any other part in the event. The event does not identify the candidate either by name or through the electoral area.
Since the event does not identify the candidate, it does not count as spending to promote the candidate.
The spending on the event will be party spending if it takes place in a regulated period for parties.1
Example B
A party holds an event in the candidate’s electoral area. The party leader attends and gives a speech. In the speech the leader talks about national policies for most of the time but spends ten minutes talking specifically about the electoral area and the candidate. The candidate is invited to attend and does so. They do not play any other part in the event.
As the candidate and the electoral area are named, that section of the event counts as promoting the candidate.
Nothing has been provided to the candidate for them to use, so it is not notional spending. Rather, the party is campaigning for the candidate.
The spending on the proportion of the event which promotes the candidate is local campaigning for the candidate. The party must not incur expenses of more than the permitted sum for that police area on promoting the candidate unless they have the agent’s written authorisation to do so.2
Example C
The party holds an event in the candidate’s electoral area. The party leader attends and gives a speech. In the speech the leader talks about national policies, but also invites the candidate to give their own speech for ten minutes of the time. The candidate accepts and gives the speech.
The candidate is identified by appearing on the stage, so that section of the event counts as promoting the candidate.
The party has provided the candidate with a facility – a slot at their event – and the candidate has made use of it by giving the speech.
This is notional spending. The appropriate value must be recorded in the candidate’s spending return and, where applicable, as a donation from the party.
Example D
The candidate holds an event in their electoral area, organised by their agent. Their party provides money to cover the costs of the event.
The candidate features centrally in the event so this is spending promoting the candidate. The spending has been incurred by the agent, so this is ordinary candidate spending and must appear on the return.
Any gift of money of over £50 provided by the party is a donation to the candidate and must be reported in the donations section of the return.3 See Candidate donations for more on reporting donations.
- 1. Section 72(2) – (7) Political Parties, Elections and Referendums Act 2000 (PPERA) ↩ Back to content at footnote 1
- 2. Art. 34(1), (3)(a) & (4) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 5, para. 2(1) & para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 3
After the election
After the election, the candidate must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.1
The agent must meet deadlines for:
- receiving and paying invoices
- sending a spending and donations return to the Police Area Returning Officer (PARO)
Both the agent and the candidate must also submit declarations that the return is complete and accurate.2
You must still submit a return and declarations even if you haven’t spent any money.3 This is called a ‘nil return’.
You can find these deadlines, and more information on reporting, in After the election.
- 1. Art. 32(3) & Art. 37(1) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Art. 41(1) & (2) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art. 40(1) PCCE Order 2012 ↩ Back to content at footnote 3
Candidate donations
The following section provides guidance on candidate donations at Police and Crime Commissioner elections in England and Wales.
This guidance covers:
- what counts as a donation
- who you can accept donations from
- the checks you need to make on different types of donors
- how to value different types of donations
- best practices for crowdfunding donations
- the information you need to record
What counts as a donation?
A donation is money, goods, property or services which are given:
- towards your candidate spending
- without charge or on non-commercial terms1
and have a value of over £50.2 Anything with a value of £50 or less does not count as a donation.
The donation controls for candidates apply once you are officially a candidate.3
Some examples of donations include:
- a gift of money or other property
- payment of an invoice for candidate spending that would otherwise be paid by you
- a loan that is not on commercial terms
- sponsorship of an event or publication
- free or specially discounted use of property or facilities, for example the free use of an office
- 1. Schedule 5, paragraph 1(3) & paragraph 2(1) The Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Sch. 5, para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 5 & Article 3(2) PCCE Order 2012 ↩ Back to content at footnote 3
How do you decide if you can accept a donation
Donations can only be accepted from certain sources, which are mainly UK-based.1 Please see Who can you accept donations from? for details on which sources are permissible.
Before you accept any donation of more than £50 for the purpose of meeting election expenses, you must take all reasonable steps to:
- make sure you know the true identity of the donor
- check that the donation is from a permissible source2
If it is not completely clear who you should treat as the donor, you should check the facts to make sure.
How long do you have to check permissibility?
When you receive a donation, you have 30 days to conduct permissibility checks and return it if it is impermissible.3 If you keep a donation longer than 30 days, you are deemed to have accepted it.4
If you keep an impermissible donation after this time, you may commit a criminal offence and we may apply to court to have it forfeited to us for payment into the Consolidated Fund.5 If you’ve accepted an impermissible donation, you should tell us as soon as possible.
Even if you have made a permissibility check in connection with an earlier donation from the same source, you should consider whether to make a fresh check for each subsequent donation.
You should keep a record of all your permissibility checks to show that you have followed the law.
If the donation isn’t from a permissible donor, or for any reason you can’t be sure of the true identity of the source, please read How do you return a donation? for further guidance on the actions you must take.
- 1. Sch. 5, para. 6(1) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 5, para. 7 PCCE Order 2012 and s.56(1) Political Parties, Elections and Referendums Act 2000 (PPERA) ↩ Back to content at footnote 2
- 3. Sch. 5, para. 7 PCCE Order 2012 and s.56(2) PPERA ↩ Back to content at footnote 3
- 4. Sch. 5, para. 7 PCCE Order 2012 and s.56(5) PPERA ↩ Back to content at footnote 4
- 5. Sch. 5, para. 7 PCCE Order 2012 and s.56(4), s.56(5), s.57(3) & s.58 PPERA ↩ Back to content at footnote 5
Donations given on behalf of others
If you are given a donation on behalf of someone else, the person giving you the donation must tell you:
- that the donation is on behalf of someone else
- the actual donor’s details1
An example of this is where an event organiser is handing over the proceeds from a dinner held specifically to raise funds for your campaign.
If you have reason to believe that someone might have made a donation on behalf of someone else but has not told you, you must find out the facts so that you can make the right checks.
If you are uncertain who the actual donor is, you should record the donation and return it.
Please see How do you return a donation? for guidance on how to return a donation.
- 1. Sch. 5, para. 7 PCCE Order 2012 and s.54(6) PPERA ↩ Back to content at footnote 1
Who can you accept a donation from?
You must only accept donations from a permissible source.1 A permissible source is:
- an individual registered on a UK electoral register,2 including overseas electors
- a Great Britain registered political party3
- a UK registered company which is incorporated in the UK and carries on business in the UK4
- a UK-registered trade union5
- a UK-registered building society6
- a UK-registered limited liability partnership (LLP) that carries on business in the UK7
- a UK-registered friendly society8
- UK-based unincorporated association that carries on business or other activities wholly or mainly in the UK and has its main office in the UK9
You can also accept donations from some types of trusts10 and from bequests.11 The rules on these donations are complicated, so please get in touch with us for more information.
Although under electoral law you can legally accept donations from charities that are one of the permissible sources listed above, charities are not usually allowed to make political donations under charity law. You should check that any charity offering a donation has taken advice from the relevant charity regulator before accepting it.
- 1. Sch. 5, para. 6(1) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(a) PPERA ↩ Back to content at footnote 2
- 3. Sch. 5, para. 1(6) & para. 6(1) PCCE Order 2012 and s.54(2)(c) PPERA ↩ Back to content at footnote 3
- 4. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(b) PPERA ↩ Back to content at footnote 4
- 5. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(d) PPERA ↩ Back to content at footnote 5
- 6. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(e) PPERA ↩ Back to content at footnote 6
- 7. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(f) PPERA ↩ Back to content at footnote 7
- 8. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(g) PPERA ↩ Back to content at footnote 8
- 9. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(h) PPERA ↩ Back to content at footnote 9
- 10. Sch. 5, para. 6(2) & (3) PCCE Order 2012 ↩ Back to content at footnote 10
- 11. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(a) & (3), s.55(5) PPERA ↩ Back to content at footnote 11
Individuals
What makes an individual permissible?
Individuals must be on a UK electoral register at the time of the donation.1 This includes overseas electors.
How do you check permissibility?
You can use the electoral register to check if an individual is permissible. Candidates and their agents are entitled to a free copy of the full electoral register in the run-up to an election.2 You must only use the register for checking if a donor is permissible or other electoral purposes. You must not pass it on to anyone else.3
You should contact the electoral registration department at the local council or the Electoral Office for Northern Ireland (EONI) as appropriate, in writing for your copy, explaining that you are asking for it as a candidate at an election or as the election agent on behalf of the candidate.4
You should also ask them to send you all the updates to the register. This is important because an elector may be removed from the register and so at the time of making the donation not be a permissible donor. You will receive the register in electronic form unless you request a printed version of the register.5
You can find contact details for local councils through our postcode search.
You must check the register and updates carefully to make sure that the person is on the register on the date you received the donation.
In special circumstances, people have an anonymous registration. If the individual is anonymously registered, you must provide a statement that you have seen evidence that they have an anonymous entry on the register.6 Evidence will be in the form of a certificate of anonymous registration. You must submit a copy of the certificate with this statement alongside your spending return.7
What information must you record?
You must record:
- the full name of the donor
- the address as it is shown on the electoral register, or if the person is an overseas elector, their home address (whether in the UK or elsewhere)8
You may find it helpful to note the donor’s electoral number as a record of your checks.
- 1. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(a) & (8) PPERA ↩ Back to content at footnote 1
- 2. Sch. 1, para. 2 & para. 4(1) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 1, para. 4(3) & para. 5(3) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Sch. 1, para. 2(2) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Sch. 1, para. 2(2)(c) PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Sch. 5, para. 10(2) PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Sch. 5, para. 10(2) PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Sch. 5, para. 11(c) & para. 12(2)(a) PCCE Order 2012 ↩ Back to content at footnote 8
Companies
What makes a company permissible?
A company is permissible if it is:
- registered as a company at Companies House
- incorporated in the UK
- carrying on business in the UK1
You must be sure that the company meets all three criteria.
How do you check company registration?
You should check the register at Companies House, using the free Webcheck service. You should look at the full register entry for the company.
How do you check if the company is carrying on business in the UK?
You must be satisfied that the company is carrying on business in the UK. The business can be non-profit making.
Even if you have direct personal knowledge of the company, you should check the Companies House register to see if:
- the company is in liquidation, dormant, or about to be
struck off - the company’s accounts and annual return are overdue
A company may still be carrying on business if it is in liquidation, dormant or late in filing documents, but you should make extra checks to satisfy yourself that this is the case.
For any company, you should consider looking at:
- the company’s website
- relevant trade, telephone directories or reputable websites
- the latest accounts filed at Companies House
If you are still not sure if the company is carrying on business in the UK, you should ask for written confirmation of its business activities from the company’s directors.
What information must you record?
You must record:
- the name as it is shown on the register
- the company’s registered office address
- the registered company number2
- 1. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(b) PPERA ↩ Back to content at footnote 1
- 2. Sch. 5, para. 11(c) & para. 12(2)(a) PCCE Order 2012 and Sch. 6, para. 2(4) PPERA ↩ Back to content at footnote 2
Limited liability partnerships
What makes a limited liability partnership permissible?
A limited liability partnership (LLP) is a permissible donor if it is:
- registered as an LLP at Companies House
- carrying on business in the UK1
How do you check permissibility?
You should check the register at Companies House, using the free Webcheck service.
How do you check if a limited liability partnership is carrying on business in the UK?
You must be satisfied that the LLP is carrying on business in the UK. The business can be non-profit making.
Even if you have direct personal knowledge of the LLP, you should check the Companies House register to see if:
- the LLP is in liquidation, dormant, or about to be struck off
- the LLP’s accounts and annual return are overdue
An LLP may still be carrying on business if it is in liquidation, dormant or late in filing documents, but you should make extra checks to satisfy yourself that this is the case.
For any LLP, you should consider looking at:
- the LLP’s website
- relevant trade, telephone directories or reputable websites
- the latest accounts filed at Companies House
If you are still not sure if the LLP is carrying on business in the UK, you should ask for written confirmation of its business activities from the LLP’s directors.
What information must you record?
You must record:
- the name as it is shown on the register
- the LLP’s registered office address2
You should also record the LLP’s registered number.
- 1. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(f) PPERA ↩ Back to content at footnote 1
- 2. Sch. 5, para. 11(c) & para. 12(2)(a) PCCE Order 2012 and Sch. 6, para. 2(8) PPERA ↩ Back to content at footnote 2
Unincorporated associations
What is an unincorporated association?
In general, an unincorporated association is an association of two or more individuals who have come together to carry out a shared purpose.
An unincorporated association has an identifiable membership which is bound together by identifiable rules or an agreement between the members. These rules set out how the unincorporated association is to be run and managed.
Sometimes the rules might be formalised, for example in a written constitution. However, they do not need to be formalised.
For example, members’ clubs are sometimes unincorporated associations.
What makes an unincorporated association permissible?
An unincorporated association is permissible if:
- it has more than one member
- the main office is in the UK
- it is carrying on business or other activities in the UK1
You must be sure that the unincorporated association meets all three criteria.
How do you check permissibility?
There is no register of unincorporated associations. Permissibility for unincorporated associations therefore must be assessed on a case-by-case basis.
If you are not sure that an association meets the criteria, you should consider whether the donation is actually from individuals within it (rather than the association) or if someone within the association is acting as an agent for others.
If you think this is the case, you must check the permissibility of all individuals who have contributed more than £50 and treat them as the donors.
You must ensure that the unincorporated association has more than one member and has its main office in the UK.
You must check that the unincorporated association is carrying on business or other activities in the UK.
If an unincorporated association makes political donations amounting to more than £37,270 in a calendar year, you should make them aware that they have to report this to us. Please see our website for more information on unincorporated associations.
If you would like further advice on checking the permissibility of unincorporated associations in specific cases, please contact us.
What information must you record?
You must record:
- the name of the unincorporated association
- the unincorporated association’s main address2
- 1. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(h) PPERA ↩ Back to content at footnote 1
- 2. Sch. 5, para. 11(c) & para. 12(2)(a) PCCE Order 2012 and Sch. 6, para. 2(10) PPERA ↩ Back to content at footnote 2
Other types of donor
Registered political parties
A party must be on the Great Britain register to be permissible.1 You can find the full list of Great Britain registered political parties on our register of political parties.
Trade unions
A trade union must be listed as a trade union by the Certification Officer or the Certification Officer for Northern Ireland to be permissible.2 You should check the official list of active trade unions on the Certification Officer’s website or on the Certification Officer for Northern Ireland’s website.
Building societies
A building society must be a building society within the meaning of the Building Societies Act 1986 to be permissible.3 You should check the list of building societies registered by the Financial Conduct Authority on the Mutuals Public Register.
Friendly societies, and industrial and provident societies
Friendly societies, and industrial and provident societies must be registered under the Friendly Societies Act 1974, the Co-operative and Community Benefit Societies Act 2014, or the Industrial and Provident Societies Act (Northern Ireland) 1969 to be permissible.4 You should check the Mutuals Public Register maintained by the Financial Conduct Authority.
What information must you record?
You will need to record:
- the name of the donor
- the address, as shown on the relevant register5
- 1. Sch. 5, para. 1(6) & para. 6(1) PCCE Order 2012 and s.54(2)(c) PPERA ↩ Back to content at footnote 1
- 2. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(d) PPERA ↩ Back to content at footnote 2
- 3. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(e) PPERA ↩ Back to content at footnote 3
- 4. Sch. 5, para. 6(1) PCCE Order 2012 and s.54(2)(g) PPERA ↩ Back to content at footnote 4
- 5. Sch. 5, para. 11(c) & para. 12(2)(a) PCCE Order 2012 and Sch. 6, para. 2(5)-(7) & (9) PPERA ↩ Back to content at footnote 5
When do you receive and accept a donation?
You usually ‘receive’ a donation on the day you take possession of it.
For example:
- if you are given free leaflets, you receive the donation when the leaflets are handed over to you
- if you are given a cheque, you receive the donation on the date that the cheque clears
- if a donation is transferred directly into your bank account, you receive the donation on the date that it is received into your account.
If the candidate has received a donation, both the donation and any supporting information regarding the identity and permissibility of the donor must be provided to the election agent if one is appointed.1 Under the law, in these circumstances a donation is treated as if it were received by the agent on the day it was first received by the candidate.2 Candidates must therefore provide donations and any supporting information to their agent as soon as practicable.
When do you accept a donation?
You accept a donation on the day you agree to keep the donation. For non-monetary donations, if you use the donation, you have thereby accepted it.
If you keep a donation after the 30-day period, you are also deemed to have accepted it.3
- 1. Sch. 5, para. 8(2) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 5, para. 8(3) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 5, para. 7 PCCE Order 2012 and s.56(5) PPERA ↩ Back to content at footnote 3
How do you return a donation?
If you know who the donor is, you must return the equivalent sum to them within 30 days of receiving the donation.1
If the donation is from an unidentified source (for example, an anonymous £100 cash donation), you must return the equivalent sum within 30 days of receiving the donation to:
- the person who transferred the donation to you, or
- the financial institution used to transfer the donation2
If you cannot identify either, please contact us as you must send the equivalent sum to the Electoral Commission. We will pay it into the Consolidated Fund, which is managed by HM Treasury.3 Please contact us to arrange for the transfer of these funds.
If any interest has been gained on the donation before you return it, you can keep it. This is not treated as a donation, and it does not need to be reported.4
- 1. Sch. 5, para. 7 PCCE Order 2012 and s.56(2)(a) PPERA ↩ Back to content at footnote 1
- 2. Sch. 5, para. 7 PCCE Order 2012 and s.56(2), s.57(1)(a) & (b) PPERA ↩ Back to content at footnote 2
- 3. Sch. 5, para. 7 PCCE Order 2012 and s.56(2), s.57(1)(c) & (3) PPERA ↩ Back to content at footnote 3
- 4. Sch. 5, para. 4(1)(c) PCCE Order 2012 ↩ Back to content at footnote 4
How do you value a donation?
The value of a donation is the difference between the value of what you receive and the amount (if any) you pay for it.1 As with all types of donations, you must also ensure any donation you accept over £50 is from a permissible donor.2
If you receive something as a benefit in kind, free of charge or at a non-commercial discount of more than 10%, that you or someone else makes use of in your campaign (also known as notional spending), you must also report this as a donation if the value of what you have received is more than £50.3 The donation rules only apply to non-commercial discounts.4
You should read the section on notional spending before reading this section.
The guiding principle
The guiding principle is that, in all cases, you should make an honest and reasonable assessment of the value of the goods or services you are receiving.
If the exact or similar options of the item or services are available on the market, you should use the rates charged by other providers to guide you in making a valuation. For example, if the donor is a commercial provider, you should use the rates they charge other similar customers.
If there are no exact or similar options of the goods or services available on the market, you should base your assessment on the commercial value of a reasonable equivalent. If you are still not sure how to value a particular donation, please contact us for advice.
You should ensure you keep a record of assessments and valuations so that you can explain whether or not a donation has been made.
Examples
Example A
A printing company offers you a non-commercial discount of 50% on the production of leaflets for your campaign. The commercial value of the leaflets is £200. You verify that the donor is permissible and decide to accept the donation. The price you pay for the leaflets is £100.
The printer has made a donation of £100 to you: £200 (value of the goods) - £100 (price you pay) = a non-monetary donation of £100.
Example B
A website designer offers to build a website for your campaign for free. The commercial value of their services is £250. You verify that the donor is permissible and decide to accept the donation.
The website designer has made a donation of £250 to you: £250 (value of the services) - £0 (price you pay) = a non-monetary donation of £250.
Valuing a donation by sponsorship
Valuing a donation by sponsorship
If someone sponsors a publication or event on the candidate’s behalf, the value of the donation is the full amount that they pay.
You must not make any deduction for any benefit that they receive from the sponsorship. Please see our guidance on sponsorship for more information.
Valuing other types of donations
You can find more information on valuing office space and seconded staff in Valuing notional spending and Splitting spending.
- 1. Sch. 5, para. 5(2) & (4) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 5, para. 4(2) & para. 6(1) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 5, para. 2(1)(e) & para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Sch. 5, para. 2(1)(e) PCCE Order 2012 ↩ Back to content at footnote 4
What records do you need to keep?
Donations you have accepted
If you accept a donation over £50, you must record:
- the required details for the type of donor (please see the relevant donor type page)1
- the amount (for a monetary donation) or nature and the value of the donation (for a non-monetary donation)2
- the date on which you received the donation
- the date on which the donation was accepted3
Donations you have returned
If you receive a donation from an impermissible source, you must record these details:
- the amount (for a monetary donation) or nature and value of the donation (for a non-monetary donation)4
- the name and address of the donor (unless the donation was given anonymously)5
- if the donation was given anonymously, details of how the donation was made6
- the date you received the donation7
- the date you returned the donation8
- the action you took to return the donation (for example, the person or institution you returned it to)9
After the election
You will need to report these details in your spending and donations return. You can find more information about the return, and when you need to submit it, in Completing your return.
- 1. Sch. 5, para. 11(c) PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Sch. 5, para. 11(a) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Sch. 5, para. 11(b) PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Sch. 5, para. 12(2)(b) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Sch. 5, para. 12(2)(a) PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Sch. 5, para. 12(3)(a) PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Sch. 5, para. 12(2)(c) & (3)(c) PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Sch. 5, para. 12(2)(c) & (3)(c) PCCE Order 2012 ↩ Back to content at footnote 8
- 9. Sch. 5, para. 12(2)(c) & (3)(c) PCCE Order 2012 ↩ Back to content at footnote 9
Candidates who are party members or holders of elective office
If you are a member of a registered political party or you already hold some relevant elected office, you need to follow rules about donations and loans to you that relate to political activity before the regulated period. For instance, you may be given donations to help fund your campaign to be selected as a candidate.
Holders of elected office are:1
- a member of the UK Parliament
- a member of the Scottish Parliament
- a member of the Senedd
- a member of the Northern Ireland Assembly
- a combined authority mayor
- a member of any local authority in the UK, excluding parish or community councils
- a member of the Greater London Assembly
- the Mayor of London or any other elected mayor
- a Police and Crime Commissioner
We call these individuals 'regulated donees'. Only certain permissible sources can donate more than £500 or enter into a loan of more than £500 with regulated donees.2 You must check permissibility before entering into a loan and you have 30 days from receipt of a donation to conduct permissibility checks and return it if it is impermissible.3
If you accept a donation or enter into a loan of more than £2,230 (or donations or loans from one source that in aggregate amount to more than £2,230), you must report it to us within 30 days of accepting the donation or entering into the loan.4
If you are elected, you will also be covered by these rules after you are elected.
You can find our guidance on these rules on our website.
If you hold one of these elected offices and intend to stand for election, you should also make sure that neither office disqualifies you from holding the other.
More information about disqualifications is available in Qualifications and disqualifications for standing for election.
- 1. Schedule 7, paragraph 1(8) Political Parties, Elections and Referendums Act 2000 (PPERA) ↩ Back to content at footnote 1
- 2. Sch. 7, para. 2(1) & para. 4(3)(b), Sch. 7A, para. 2(1)-(3) & (4)(b) PPERA ↩ Back to content at footnote 2
- 3. Sch. 7, para. 8(1) & s.56(2) PPERA ↩ Back to content at footnote 3
- 4. Sch. 7, para. 10(1A) & (2), Sch. 7A, para. 9(2) & (7) PPERA ↩ Back to content at footnote 4
Local party fighting funds
Many political parties run local fighting funds for candidates. If the fund is managed and controlled by the party and not the candidate, donations to the fund are usually treated as made to the party and you do not need to treat them as donations to the candidate, unless the donations are specially made towards your election campaign.
However, you will need to report donations from the local party that are made for the purpose of meeting your campaign spending.
For example, a party branch collects donations to raise funds for election campaigning in the local area. If the local party makes it clear that these donations are made for the purpose of meeting the candidate’s election expenses, or a donor specifies their donation is being made for this purpose, then this is a candidate donation.
Any donations held on your behalf must be made available for your use. This includes donations held on your behalf by your political party or someone else.
Crowdfunding
What is crowdfunding?
Crowdfunding is the use of a web-based platform to collect donations. The platform is generally managed by a third party provider and each individual fundraising campaign has a page on the site. Campaigns usually run for a set period of time. At the end of that time, the funds raised, minus a fee paid to the provider, are passed to the donee.
Transparency
You should ensure that it is clear on the crowdfunding web page who the money is being donated to and what the money is being donated for. For example, you should make clear whether the fund is being raised to meet your election expenses, for your campaign to be selected as a candidate, or whether this is to a local party fighting fund. This is because there are different recording and reporting thresholds for candidate and party donations.
You should ensure that the webpage contains information that explains that permissibility checks will be undertaken in compliance with the law and that information about donations, including donor details may be published. Returning Officers make returns prepared by candidates available for inspection after elections. These include details of donations.
We also recommend that you include an imprint on your crowdfunding page.
Permissibility
You must only accept donations over £50 from a permissible source.
As with all types of donations, you have 30 days to carry out permissibility checks and return the donation if it is impermissible.1 The date of receipt is the date you receive the funds from the crowdfunding site.
Money donated via a crowdfunding webpage that is £50 or less is not a donation under the Representation of the People Act 1983 and is not reportable.2
You should ensure that you have sufficient information from the crowdfunding provider and maintain your records in a way that enables you to ascertain if multiple donations have come from the same source.
You must collect sufficient information from every donor to ensure that you can properly check that each donation is from a permissible source. You should be clear on the webpage that this is the reason you are collecting any information. If you are uncertain who the actual donor is, you must not accept the donation. You cannot accept anonymous donations with a value of over £50.
You must also collect sufficient information to comply with reporting requirements.
Cryptocurrencies
Cryptocurrencies are digital currencies that operate independently of any central bank or authority.
The same rules apply to donations received in cryptocurrencies as any other donations. Sufficient information must be collected to check permissibility. There must be a means of valuing the donation given in any cryptocurrency.
- 1. Sch. 5, para. 7 PCCE Order 2012 and s.56(2) PPERA ↩ Back to content at footnote 1
- 2. Sch. 5, para. 4(2) PCCE Order 2012 ↩ Back to content at footnote 2
Campaigning
The following sections will guide and inform you on several aspects surrounding your campaigning. This includes:
- When you can start campaigning and dos and don’ts for your campaign
- Using the electoral register and absent voter lists
- Your role in maintaining the integrity of the election
- Electoral offences and reporting allegations of electoral fraud
When can you start campaigning?
You can start campaigning at any time. You do not have to wait until you are validly nominated to declare that you will run for election, ask people to support you or publish campaign material.
Election spending limits apply from the day after the date after a person officially becomes a candidate.
For more information on election spending, please see our guidance on spending and donations.
Campaigning dos and don'ts
This section sets out activities that candidates and their supporters can carry out during their campaign, those they should carry out, and things that they must not do.
More information about acceptable campaigning activities is set out in our Code of conduct for campaigners
During the campaign, you may…
- Encourage people who are not on the electoral register to apply for registration. The deadline for registering to vote in time for the election is 12 working days before the poll.1 Individuals can register online at https://www.gov.uk/register-to-vote.
- Remind voters who wish to vote in person that they will be required to produce an accepted form of photographic ID to prove their identity before they will be issued with a ballot paper. Where an individual does not have or does not wish to use an accepted form of photographic ID, they can apply for a Voter Authority Certificate. For more information on the accepted forms of photographic ID and Voter Authority Certificates see our guidance for polling day.
- Help voters with information about postal and proxy voting and encourage voters to apply online at www.gov.uk/vote-uk-election. The deadline for applying for a postal vote for the elections is 5pm, 11 working days before the poll.2 The deadline for applying for a proxy vote for the elections is 5pm, 6 working days before the poll,3 although in certain circumstances electors may apply for an emergency proxy up to 5pm on polling day.4 An elector can apply for an emergency proxy if, after 5pm, 6 working days before the poll, they have had a medical emergency, or have been called away on business, or the photographic ID that they intended to use in the polling station becomes unavailable and they do not have alternative form of accepted photographic ID.
- Find more information about who can register to vote and postal and proxy voting on our website https://www.electoralcommission.org.uk/i-am-a/voter
- 1. Section 13B (1)-(3) Representation of the People Act 1983 (RPA 1983) and Regulation 29(4) Representation of the People (England and Wales) Regulations (RPR 2001) ↩ Back to content at footnote 1
- 2. Para 16(3) and (4) Sch 2 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 16(1) Sch 2 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 16(2) Sch 2 PCCE Order 2012 ↩ Back to content at footnote 4
During the campaign, you should…
- Make sure any application forms you develop include all the required information, or otherwise the applications will be rejected. In particular, you must make sure that the signature and date of birth fields on postal and proxy application forms are in the correct format and that there is a field for applicants to include their National Insurance number. You should use our absent voting application forms as a guide and you should liaise with the Electoral Registration Officer(s) who may be able to provide you with forms you can use. To help ensure that voters applications are received and processed as quickly as possible, you can also let them know that they can apply for an absent vote online at https://www.gov.uk/vote-uk-election
- Inform voters to return their completed application forms to the ERO as soon as possible. Campaigners should not collect completed paper applications from voters and should not ask voters to send completed applications to campaigners’ addresses.
- Never handle or take any completed ballot paper or postal ballot packs from voters.
- Make sure your supporters follow the Code of conduct for campaigners in Great Britain – this will help them to avoid situations where their honesty or integrity could be questioned.
- Make sure your supporters are courteous when dealing with other candidates and their supporters.
- Be aware of the deadlines for appointing an election agent, and agents to attend postal vote opening sessions, polling stations and the count. Deadlines are set out in our guidance for postal voting, polling day and the verification and count.
- Check our guidance on how postal vote openings, the voting process and the count will work so that you know what you can expect to happen and when.
- Check that your systems for recording spending and donations are working. For more information see our guidance on donations and election spending.
During the campaign, you must not…
- Knowingly make a false statement about the personal character of another candidate.1
- Pay canvassers. Canvassing means trying to persuade an elector to vote for or against a particular candidate or party.2
More information on election offences and how to report these can be found in our guidance on offences.
If either you or your agent have made a mistake and have acted in contravention of the rules, you can apply for relief from the consequences of having made a mistake. See our guidance on what to do if you have made a mistake for more information.
For polls on or after 2 May 2024
The Elections Act 2022 introduced legislation which restricts the handling of postal voting documents by campaigners. The legislation will be in force for polls held on or after 2 May 2024.
You will need to make sure your supporters are aware that it is an offence to handle completed ballot papers or postal ballot packs for voters who are not close family or someone they care for and to follow the Code of conduct for campaigners in Great Britain. This will help them to avoid situations where their honesty or integrity could be questioned.
- 1. Article 61 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Art. 65 PCCE Order 2012 ↩ Back to content at footnote 2
Campaign publicity dos and don'ts
You must:
- Use imprints on all your printed campaign material and any electronic campaign material that is designed to be printed off locally.1 You should ensure the imprint is clear and visible. See our guidance on using imprints for more information.
- Comply with planning rules relating to advertising hoardings and large banners2 – you should ask the relevant local authority for advice.
- Make sure that outdoor posters are removed promptly after the election – you must do this within two weeks of the close of the poll.3
You should:
- Include an imprint on all non-printed campaign material, including websites.
- Consider how to make your campaign accessible to all voters – for example disabled voters or voters whose first language isn't English or, in Wales, Welsh may need campaign material provided in a particular format. You may want to make contact with disability groups in your local area for advice.
You must not:
- 1. Section 143 Political Parties, Elections and Referendums Act 2000 (PPERA 2000) and art. 64 PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Town and Country Planning (Control of Advertisements)(England) Regulations 2007 and Town and Country Planning (Control of Advertisements) Regulations 1992 ↩ Back to content at footnote 2
- 3. Town and Country Planning (Control of Advertisements)(England) Regulations 2007 and Town and Country Planning (Control of Advertisements) Regulations 1992 ↩ Back to content at footnote 3
- 4. Art.55 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Art.63 PCCE Order 2012 ↩ Back to content at footnote 5
Using imprints
What is an imprint?
An imprint must be added by law to all printed election material to show who is responsible for its production.1
You should ensure that your imprint is clear and visible.
Our guide to candidate imprints on printed material explains the rules you must follow if you are a candidate in this type of election.
Under the Elections Act 2022, imprints are also required on certain digital material. For the imprint requirements on digital material, please see our statutory guidance on digital imprints.
- 1. S.143 PPERA 2000 and art. 64 PCCE Order 2012 ↩ Back to content at footnote 1
Using schools and rooms for public meetings
You may want to engage with the public at public meetings, promoting your views and responding to questions from the audience.
The Electoral Registration Officer of each local authority in England and Wales, keeps a list of the location and availability of meeting rooms in their area. They will make this list available for inspection by candidates and election agents, from the day the notice of election is published.
Once you are a candidate, you will be able to use public rooms up until the day before polling day.1
Contact details for Electoral Registration Officers can be found on www.electoralcommission.org.uk/i-am-a/voter/your-election-information
You should contact the owner of the premises to make a booking, giving reasonable notice to reduce the risk of the request being refused. Your right to use rooms does not include hours during which a school is used for educational purposes or when any prior letting of a room has been agreed.
There is no hire charge for using these rooms, but you must pay for any expenses incurred, such as heating, lighting and cleaning and for any damage to the premises.
- 1. Article 56 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Using the electoral register and lists of absent voters
Once you officially become a candidate, you are entitled to receive a free copy of the full electoral registers.1 You are also entitled to the lists of people voting by post or proxy (‘the lists of absent voters’) for the whole of the police area that you are contesting.
Registered political parties are entitled to receive a copy of the electoral register at any time.
There are two registers.
Using information received from the public, registration officers keep two registers –
The electoral register
The electoral register lists the names and addresses of everyone who is registered to vote in public elections. The register is used for electoral purposes, such as making sure only eligible people can vote. It is also used for other limited purposes specified in law, such as detecting crime (e.g. fraud), calling people for jury service, checking credit applications.
The open register
The open register is an extract of the electoral register, but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details. Electors can request not to have their name and address included in the open register.
- 1. Paragraphs 4 and 5 Schedule 1 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Applying for a copy of the electoral register and the lists of absent voters
Copies of the register and lists of absent voters can be obtained from the relevant Electoral Registration Officer.
An Electoral Registration Officer will have been appointed for each local authority area within the police area to maintain the electoral registers. You can find their contact details on www.electoralcommission.org.uk/i-am-a/voter/your-election-information.
The request must be made in writing1 and we have made a register request form and an absent voters’ lists request form available for this purpose on our website.
While requests must be made to the Electoral Registration Officer, you should also liaise with the Police Area Returning Officer, who may have put arrangements in place to coordinate requests for all the registers and lists in the police area.
The register and lists will be supplied in electronic format unless a paper copy is specifically requested.
The version of the electoral register and lists supplied will be the ones current at the time of application. You may also request the updates to the electoral registers and lists that are published in the lead-up to the poll, including the list of newly registered electors when it is published five working days before the poll.
Any person found breaching the restrictions on use of the electoral register could face an unlimited fine. For more information see our guidance on restrictions on the use of the electoral register in England and Wales.
- 1. Paragraph 2 Schedule 1 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Restrictions on the use of the information contained in the electoral register and lists of absent voters
The electoral register and lists of absent voters contain people’s personal data and so their use is very carefully controlled.
You can use them to:
- complete your nomination form
- help you campaign
- check that donations are permissible
You must not release to any person any details that appear only in the full register and not on the open register which is available for general sale. You must not use the full register and absent voters’ lists for any other purpose not listed above.
If you have supplied a copy of the register or absent voters’ lists to campaign workers, they must also comply with the requirements above.1
You must ensure that you keep the electoral register secure and list of absent voter secure.2
Once you no longer need the register and lists of absent voters for any electoral purpose, you should securely destroy any copies supplied to you as a candidate in accordance with the Information Commissioner’s guidelines.
- 1. Paras 4 and 5 Sch 1 PCCE Order 2012 ↩ Back to content at footnote 1
- 2. Article 5 General Data Protection Regulations (GDPR) 2016 ↩ Back to content at footnote 2
Your election address
Each candidate is entitled to make a campaign statement for publication on a website provided by the UK Government.1
An election address is a campaign statement that a candidate makes to the electorate to persuade electors to vote for them.
If you would like your address included on the website, you must submit it to the PARO. They will confirm the deadline by which you must submit your address for inclusion on the website.2
We have published a separate factsheet for candidates and agents with further information on candidates’ addresses.
- 1. Article 52 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 4 Sch 8 PCCE Order 2012 ↩ Back to content at footnote 2
Maintaining the integrity of the election
Candidates are one of the key public faces of the election, and your conduct will be scrutinised in detail by your opponents, the media and voters.
Voters should be able to trust that you will comply with the law and maintain the integrity of the election process.
Election agents are responsible for your campaign and, in particular, are legally responsible for its financial management.
You should also make sure that your supporters fully understand the law and know what they need to do to ensure that voters can participate freely in this election.
The police can only investigate allegations of electoral fraud where there is evidence to show that an offence has taken place. Claims or allegations should always be substantiated when referred to the police.
You should also consider the impact on public trust and confidence of making false or unsubstantiated allegations about the conduct of other campaigners.
Neither the LRO, the PARO nor the Commission regulate these offences. For details of how to report any allegations see our guidance on ‘Reporting allegations of electoral fraud’
Table of offences
The following table shows a number of electoral and non electoral offences of which you should be aware. You should seek your own legal advice here necessary.
For polls on or after 2 May 2024
The Elections Act 2022 introduced legislation which made changes to some electoral offences. The table below highlights the offences that will change when the legislation is in force for polls held on or after 2 May 2024.
Offence | Explanation |
---|---|
Bribery1 | The offence of bribery includes where someone directly or indirectly gives any money or procures any office to or for any voter, in order to induce any voter to vote or not vote |
Treating2 | A person is guilty of treating if either before, during or after an election they directly or indirectly give or provide any food, drink, entertainment or provision to corruptly influence any voter to vote or refrain from voting. Treating requires a corrupt intent - it does not apply to ordinary hospitality. |
Undue Influence3 | A person is guilty of undue influence if they directly or indirectly make use of or threaten to make use of force, violence or restraint, or inflict or threaten to inflict injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting. A person may also be guilty of undue influence if they impede or prevent any voter from freely exercising their right to vote – even where the attempt is unsuccessful. |
For polls on or after 2 May 2024Undue influence4 | A person is guilty of undue influence if they carry out an activity on account of
These activities are:
Undue influence doesn’t exclusively relate to physical access to the polling station. For example, a leaflet that threatens to make use of force in order to induce a voter to vote in a particular way could also be undue influence. |
For polls on or after 2 May 2024Handling of postal voting documents by political campaigners5 | It is an offence for political campaigners to handle completed ballot papers or postal ballot packs for voters who are not their close family or someone they care for. |
Personation6 | Personation is where an individual votes as someone else either by post or in person at a polling station, as an elector or as a proxy. This offence applies if the person that is being personated is living, dead or fictitious. Aiding, abetting, counselling or procuring the offence of personation is also an offence. |
False statements About a candidate's personal character or conduct7 | It is an offence to make or publish a false statement of fact about the personal character or conduct of a candidate in order to affect the return of a candidate at an election. False statements that are not about another candidate’s personal character or conduct are not illegal under electoral law, but could be considered as libel or slander. It is also an illegal practice to make a false statement of a candidate’s withdrawal in order to promote of procure the election of another candidate. |
False statements In nomination papers8 | It is an offence to provide a statement on a nomination paper, which you know to be false. For example, if you know you are disqualified from election you must not sign the consent to nomination. |
False registration information and false postal/proxy voting application9 | It is an offence to supply false information on a registration, postal vote or proxy vote application form. False information includes a false signature. |
False application to vote by post or by proxy10 | A person is guilty of an offence if they apply to vote by post or proxy to gain a vote to which they are not entitled or to deprive someone else of their vote. |
Multiple voting and proxy voting offences11 | There are various offences regarding multiple voting and proxy voting, including voting by post as an elector or proxy when subject to a legal incapacity to vote and inducing or procuring another to commit the offence. |
Breaches of the secrecy of the ballot12 | Everyone involved in the election process or attending certain proceedings must maintain the secrecy of the ballot. The Local Returning Officer will give a copy of the official secrecy requirements to everyone who attends the opening of postal votes or the counting of ballot papers, and to polling agents. |
Campaign publicity material | Certain offences relate specifically to election campaign publicity material. Printed election campaign publicity material must contain an imprint,13 not resemble a poll card14 and not contain a false statement as to the personal character or conduct of another candidate.15 Neither the LRO, the PARO, nor the Commission regulate the content of campaign material and are not able to comment on the legality of any particular electoral material beyond what is covered in this guidance. |
Racial hatred | Under the Public Order Act 1986, it is an offence to publish or distribute threatening, abusive or insulting material that is intended to stir up racial hatred or which is likely to stir up racial hatred. |
Police officers as canvassers16 | Members of a police force are not allowed to canvass and would be committing an offence if they did. Members of a police force may not persuade any person to vote or dissuade them from voting. |
- 1. Article 67 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Art.68 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Art.69 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art. 69 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 9A Sch 2 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Art.17 PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Art.61 PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Art.21 PCCE Order 2012 ↩ Back to content at footnote 8
- 9. S.13D Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 9
- 10. Para 10 Sch 1 PCCE Order 2012 ↩ Back to content at footnote 10
- 11. Art.18 PCCE Order 2012 ↩ Back to content at footnote 11
- 12. Art.22 PCCE Order 2012 ↩ Back to content at footnote 12
- 13. Art.64 PCCE Order 2012 ↩ Back to content at footnote 13
- 14. Art.55 PCCE Order 2012 ↩ Back to content at footnote 14
- 15. Art.61 PCCE Order 2012 ↩ Back to content at footnote 15
- 16. Art.60 PCCE Order 2012 ↩ Back to content at footnote 16
What if you have made a mistake?
You may be able to apply for relief from the penalties of an offence which has been committed inadvertently, innocently or without your knowledge.
You should always seek independent legal advice when considering applying for relief.
For more information, you should contact the:
Election Petitions Office
Room E105
Royal Courts of Justice
Strand
London WC2A 2LL
Email: [email protected]
Phone: 0207 947 6877
Reporting allegations of electoral fraud
If you are concerned that electoral fraud may have been committed, you should first speak to the Electoral Registration Officer or the relevant Returning Officer.
They may be able to explain whether or not electoral fraud has been committed and can refer your concerns to the police if necessary. They can also provide you with the details of the police contact for the relevant police force so that you can report the allegation yourself.
If you have evidence that an electoral offence has been committed you should contact the police immediately, using the 101 non-emergency number unless there is a crime in progress, in which care you should use the standard 999.
Every police force has a dedicated Single Point of Contact Officer who will be able to provide advice to ensure that your allegations are properly investigated. You should be prepared to give them a statement and substantiate your allegation.
If you do not want to give a statement to the police, you can report your concerns anonymously on the Crimestoppers website or by calling Crimestoppers on 0800 555 111
You can find contact details of Electoral Registration Officers and Local Returning Officers on www.electoralcommission.org.uk/i-am-a/voter/your-election-information
You can contact us to find out who the Police Area Returning Officer is for each area. The Police Area Returning Officer will also be able to provide contact details for Local Returning Officers.
Please note that if your allegation relates to party, election or registered campaigner finance matters, such as spending or donations, then you should follow the advice given at the following link: https://www.electoralcommission.org.uk/who-we-are-and-what-we-do/our-enforcement-work/make-allegation
Nominations
The following sections provide guidance on standing as a candidate at Police and Crime Commission election in England and Wales.
The guidance covers:
- the nomination process, including what forms you need to complete
- when and how you need to submit your nomination papers
- what happens after you submit your nomination papers
There are specific rules that candidates need to follow, depending on whether they are standing as a political party candidate or standing as an independent candidate. These differences will be clearly highlighted throughout the guidance.
Police, Fire and Crime Commissioner
In some police areas the role of Police and Crime Commissioner also includes responsibility for fire and rescue services in the area. In these areas the nomination forms refer to the election of a Police, Fire and Crime Commissioner.
Guidance on standing for other elections can be found on our website.
Completing your nomination papers
To become nominated as a candidate at a PCC election, you need to submit a completed set of nomination papers to the place fixed by the Police Area Returning Officer (PARO) by 4pm, 19 working days before the poll.1
This deadline is set out in law and cannot be changed for any reason.
The start date from which you will be able to submit nomination papers, as well as the times and place for delivery, will be set out in the notice of election published by the PARO.2
There are three nomination papers that you must submit for your nomination to be valid:3
The PARO can hold your nomination paper invalid if the particulars of your nomination are not as required by law. The PARO can also reject your nomination if they conclude that it is clearly a sham, for example, if an obviously fictitious name is provided.
If you, your agent or someone you trust are unable to complete the nomination form, the PARO can help by preparing the form for your signature.4
The PARO may also be able to offer informal checks of your completed nomination papers before you submit them.5 You should find out from the PARO whether they plan to offer informal checks.
Note that any information you provide on your nomination papers must be true to the best of your knowledge. It is an offence to provide a false statement on your nomination papers. Providing a false statement could invalidate your election and is also punishable by an unlimited fine and/or imprisonment.
Alongside your nomination papers, you must also lodge a deposit of £5,000 with the PARO. More information is available in our guidance on deposits.
- 1. Paragraph 1 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 4 Schedule 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Paras 5 and 8 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 7(4)(b) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Art. 21 PCCE Order 2012 ↩ Back to content at footnote 5
The nomination form
You can obtain nomination papers from the PARO. Contact details can be obtained from our website.
Alternatively, we have produced two sets of nomination papers that contain all the forms needed for nomination for the election of a Police and Crime Commissioner or a Police, Fire and Crime Commissioner.
Your name and description (if you choose to use one) should be written on the nomination form before you ask subscribers to sign the form.
The nomination form must be completed in English or, in Wales, in English or Welsh.
The form must contain:
Your full name1
- This means your surname and other names in full
- Using initials only could lead to your nomination paper being rejected.
- Do not use prefixes such as Mr, Mrs, Dr or Cllr as part of your name.
- The same applies to suffixes. However, if you have a title, you can use this as your full name. For example, if your actual name is Joseph Smith but your hereditary title is Joseph Avon, you can use the name Joseph Avon as your full name.
Signatures of 100 registered electors2
- Also known as subscribers from the police area.
- Your subscribers must be registered Police and Crime Commissioner electors, for any local authority in the police area, that is in force 25 working days before the poll. For more information see our guidance on subscribers.
Description
You can also choose to use a description on your nomination paper. The type of description you can use depends on whether you are an independent or party candidate.
Independent Candidates | You can only use “Independent” as your description. |
---|---|
Political Party Candidates | You can use a party name or description. If you want to use a party name or description, you must also submit alongside your other nomination papers a certificate that shows that you are authorised to use the party’s name or description. More information is set out in our guidance on the certificate of authorisation. |
You do not have to use a description. If you choose not to use a description, you can leave the description field of the nomination form blank.
- 1. Paragraph 5(2)(a) Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCC Order 2012) ↩ Back to content at footnote 1
- 2. Para 7 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
Commonly used name(s)
If you commonly use a different name from your actual name, you can ask for your commonly used name(s) to be used instead of your actual name.1
You can request to use a commonly used forename, surname or both.
For example, you may be known by your abbreviated name ‘Andy’, rather than your full first name ‘Andrew’. In that case, you can write ‘Andy’ into the commonly used forename box on the nomination paper if you would rather that name appear on the ballot paper.
For polls before 2 May 2024
You cannot use your first name as a commonly used name so that only your first name and surname appear on a ballot paper, thus excluding your middle name.
The legislation makes it clear that a commonly used name is one which is different from any other forename or surname.2
This means that a forename in its original format cannot be used as a commonly used name.
If you wish to use a commonly used forename and/or surname then these must be different from your full name as it appears on the nomination form. For example, in the case of Andrew John Smith, he could not use Andrew Smith as his commonly used name, although he would be able to use Andy Smith (if Andy was the name by which he is commonly known).
If you have a hyphenated surname you may choose to use one part of your surname if this is how you are commonly known. For example, in the case of Andrew Smith-Roberts, he could use Andrew Roberts, or Andrew Smith (if either was the name by which he is commonly known).
You may also use initials as part of your commonly used name if you are commonly known by them.
For polls on or after 2 May 2024
The Elections Act 2022 introduced legislation which permits greater flexibility in the names a candidate can put on their nomination paper (and therefore, the ballot paper). This new legislation will be in force for the scheduled polls in May 2024.
If you:
- commonly use a surname or forename that is different from any other surname or forename you have
- use one or more forenames or surname in a different way from the way they are stated on your nomination form
you may state your commonly used name or names on your nomination form in addition to your full names that you have provided.3
Any commonly used name(s) would then appear on:
- the statement of persons nominated
- the notice of poll, and
- the ballot papers
The PARO will disallow commonly used names that are likely to mislead or confuse electors, or are obscene or offensive. If the name(s) is not permissible, the PARO will write to you stating the reason for rejection. In those cases, your actual name will be used instead.4
If either the commonly used forename or surname box on the nomination paper is left blank, then your actual forename or surname, depending on which commonly used name box has been left blank, will be used.
It is an offence to give a false statement on your nomination paper. Therefore if you choose to provide a commonly used name, you must ensure that it is a forename or surname which you commonly use.
- 1. Para 5(3) Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCC Order 2012) ↩ Back to content at footnote 1
- 2. Para 5(3) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Schedule 2 Rule 4(3) Principal Area Rules 2006 ↩ Back to content at footnote 3
- 4. Para 13(4) and (5) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
Signatures of subscribers
Each nomination form needs to be signed (subscribed) by the 100 electors who are on the local government electoral register for a local authority in the police area.
They must be of voting age by polling day and be on the register that is in force on the last day for publication of notice of election.1
The first two electors will sign and print their names as proposer and seconder, and the remaining 98 are assenters to the nomination.
If a nomination form contains more than 100 subscribers’ signatures, only the first 100 will be accepted.3 If one of the first 100 subscribers is invalid, the PARO must hold the nomination form invalid, regardless of whether the form contains more than 100. 4
There is nothing to prevent you from subscribing your own nomination providing that you are registered in the police area.
There may be some electors on the register who have registered anonymously because of risks to their safety.
Anonymously registered electors may not subscribe nomination forms.
Anonymous electors are shown on the register with just their poll number and the letter 'N' (rather than with their name and address).
Nomination forms should not be altered once they are subscribed. All of your details should be completed before you invite anyone to subscribe your nomination. Once the PARO has formally accepted a nomination form, signatures cannot be withdrawn.
The elector number
The elector number of each subscriber as it appears on the electoral register, must be entered on the nomination form, as well as the name of the local authority in which they are registered.5
The elector number includes the distinctive numbers or letters of the polling district, which can usually be found at the front of the register.
The Electoral Registration Officer for each local authority will be able to advise you how their register is laid out.
You will be entitled to a free copy of the electoral register for each local authority, or part of a local authority, that is within the police area in which you are standing.6
You should use the registers to ensure that your nomination form is properly subscribed.
In line with data protection legislation, and the electoral provision under which you have obtained the register, you must ensure that you keep the electoral register secure and, once you have finished with it, ensure that it is securely destroyed.
Data protection considerations
When collecting subscriber information, you should point out what the information will be used for, how personal data will be processed and kept secure. The lawful basis to collect the information in this form is that it is necessary for the performance of a task carried out in the public interest and exercise of official authority as set out in Representation of the People Act 1983 and associated regulations.
You should also explain that the information will be shared with the PARO. For further information on data protection and processing you should refer to the PARO’s privacy notice on their website.
Data protection legislation applies to the processing of all personal data. Please contact the Information Commissioner’s Office for further information about how the current data protection legislation may affect you as a candidate.
- 1. Paragraphs 7(1) and (5) Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCC Order 2012) ↩ Back to content at footnote 1
- 3. Para 7(2) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 11(2) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 70 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Paras 4 and 5 Sch 1 PCCE Order 2012 ↩ Back to content at footnote 6
Consent to nomination
You must also formally consent to your nomination in writing.1
The content of the consent to nomination form is fixed by law and you must return the entire form in order for your nomination to be valid.
On the form you will be asked to state that you are qualified and not disqualified from standing. You must also state your date of birth.
You are not allowed to sign the consent form earlier than thirty-one calendar days before the last day for submitting your nomination papers.
Your signature must be witnessed, and the witness must sign the form and give their full name and address.
There are no restrictions on who can be a witness to the consent to nomination.
- 1. Paragraph 8 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Home address form
For your nomination to be valid, you must submit a completed home address form1 with your nomination form, consent to nomination and deposit.
The home address form must contain:
- your full name.
- your full home address.
Your home address:
- must be completed in full
- must not contain abbreviations
- must be your current home address
- must not be a business address (unless you run a business from your home)
Choosing not to publish your home address
You may choose for your home address not to be published on the statement of persons nominated or the ballot paper.
If this is the case, you must sign a statement that your home address is not to be made public and that you are registered in the register of electors for an electoral area in respect of an address within the police area.
This statement is only required if you do not want your home address made public. You must provide your full home address even if you choose not to have it made public on the statement of persons nominated and ballot paper.
If you act as your own election agent, unless you provide an office address, your home address as provided on the home address form will still be published on the notice of election agents.2 This is the case even where you have chosen to withhold your home address from the statement of persons nominated and ballot paper.
Home address forms are not available for public inspection and will be destroyed after the election.
- 1. Paragraphs 5(5)(6) and (7) Schedule 3 Police and Crime Commissioner Elections Order 20122 ↩ Back to content at footnote 1
- 2. S.29(5) PCCE Order 2012 ↩ Back to content at footnote 2
Candidates standing on behalf of political parties
This section provides specific information for candidates standing on behalf of a political party on the additional information required to be submitted as part of their nomination papers.
To stand on behalf of a registered political party, the party must be registered on the Commission’s register of political parties at http://search.electoralcommission.org.uk and be listed as allowed to field candidates in England (if you are standing for election in a police area in England) or Wales (if you are standing for election in a police area in Wales).1
You will also need to submit a certificate of authorisation to be able to stand on behalf of that party. If you also wish to use an emblem of the party, you will also need to submit an emblem request form as part of your nomination.
- 1. Paragraph 6(6) Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
The certificate of authorisation
Political parties authorise candidates to stand for them by issuing a certificate of authorisation. This must state that the named candidate can stand on their behalf and allow them to use one of the following:1
- the exact party name as registered with the Commission
- one of the party’s registered descriptions
- your choice of either the registered party name or one of the registered descriptions
If you are a candidate in Wales, you may use either the English version, Welsh version or both versions of either the party name or description, as long as they are registered with us.
Registered party names and descriptions can be found on the Commission’s online register of political parties http://search.electoralcommission.org.uk
Particular care should be taken by the Nominating Officer (or someone authorised to act on their behalf) when completing the certificate of authorisation. If the certificate explicitly authorises a particular party name/description and this does not match the party name/description on the nomination paper, the whole nomination will be invalid.2
The certificate of authorisation must be signed by the registered Nominating Officer of the political party or by someone authorised by the Nominating Officer to act on their behalf,3 and must be received to the PARO by the nominations deadline, 4pm, 19 working days before the poll.4
If you are standing on behalf of two parties jointly, you will need a certificate of authorisation from the Nominating Officer of each of the registered parties (or people authorised to act on their behalf).5 Joint descriptions are listed on the Commission’s register of political parties on the registration page for the relevant parties.
- 1. Paragraphs 6(1) and (2) Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 11(2) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 6(1) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 6(1)(b) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 6(3) and (4) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 5
Request to use an emblem on the ballot paper
If you have been authorised by a political party to use the party name or a registered description on the ballot paper, you can also request that one of the party's official emblems is printed on the ballot paper next to your name.1
You must make the request for an emblem in writing and deliver it to the PARO. The request must be received by the PARO by 4pm, 19 working days before the election.2
A party can register up to three emblems. You may want to check with your party (e.g. with the Nominating Officer or someone authorised to act on their behalf) which emblem to use. Make sure you request a current emblem.
Candidates standing on behalf of two or more registered parties and using a joint description can use an emblem that has been registered by one of the relevant parties.3 The request must be made in writing and delivered to the PARO by the close of nominations, i.e. 4pm, 19 working days before the poll. The PARO will supply you with a form you can use to make this request or, alternatively, you can use the emblem request form produced by the Commission.
The request should state both the name of the political party and the description of the emblem to be used, as listed on the Commission's online register of political parties. Registered emblems cannot be varied in any way.
- 1. Paragraph 19(4) Police and Crime Commissioner Elections Order 2012 (PCC Order 2012) ↩ Back to content at footnote 1
- 2. Para 19(5) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Paras 6(3) and 19(4) Schedule 3 PCCE Order 201 ↩ Back to content at footnote 3
Submitting your nomination papers
It is your responsibility to ensure that your nomination papers, including the consent to nomination and the home address form, and where you are standing of behalf of a party, the certificate of authorisation and emblem request form if required, are delivered to the place specified on the notice of election by 4pm, 19 working days before the poll.1
Who can deliver the nomination papers?
Only a limited number of people may deliver your nomination form and home address form.2
These are:
- yourself
- your election agent (provided you have given notice of appointment to the PARO or the notice is submitted when the forms are delivered)
- the proposer or seconder shown on the nomination form
There are no restrictions on who can deliver your consent to nomination, certificate of authorisation and emblem request form,3
but you should ensure that you, your agent or someone you trust does this, so you can be sure they are delivered to the PARO in time.
- 1. Paragraphs 4(1)(a), 8(d) and 10 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 5(1) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 8(d) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
How must nomination papers be submitted?
The nomination form, home address form and the consent to nomination must be submitted by hand and cannot be submitted by post, fax, email or other electronic means.1
The certificate of authorisation and emblem request form may be submitted by post, but may not be submitted by fax, email or other electronic means.2
The original version of each completed paper must be submitted.3
For example, a certificate of authorisation which has been sent as an attachment to an email to be printed out would make it a ‘copy document’ and not the original document.
- 1. Paragraphs 5(1) and 8(d) Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Paras 6(1) and 19(4) and (5) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Paras 6 and 19 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
When must nomination papers be submitted?
You should submit your nomination papers as early as possible to give the PARO an opportunity to conduct an informal check and to give you sufficient time to submit new nomination papers should your first set contain any errors.
The PARO will confirm the exact details of when and where nomination papers can be delivered on the notice of election.1 The notice of election will be published no later than 25 working days before the poll.
In most cases, the notice of election will be published on the website of the local authority of the PARO.
You can submit nomination papers between the hours of 10am and 4pm on any day after the publication of the notice of election until 4pm, 19 working days before the poll.2
You should contact the PARO as soon as possible to find out what arrangements are in place for submitting nomination papers. You can contact us to find out who the Police Area Returning Officer is for each area. The Police Area Returning Officer will also be able to provide contact details for Local Returning Officers.
If, after you have submitted your nomination papers you change your mind and no longer want to stand for election, you can withdraw, provided you do so by 4pm, 19 working days before the poll.3
- 1. Paragraph 4 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 1 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 15 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
The deposit
For your nomination to be valid, the sum of £5,000 must be with the PARO by the deadline for nominations.1
The deposit can be made using:
- cash (British pounds only)
- a UK banker’s draft
The PARO may also accept a deposit made by a building society cheque, a debit or credit card or an electronic transfer. However, they may refuse to do so. If you are considering paying the deposit in one of these ways, you should discuss with the PARO at the earliest opportunity whether the payment method is acceptable.
If the PARO allows the deposit to be paid by credit or debit card, there may be a fee charged by the bank or credit card company for the transaction, in which case you will be required to pay any additional fees as well as the £5,000 deposit.
Unless the person making the deposit is your agent and you have notified the PARO of their appointment, the person making the deposit must at the time they make it give their name and address to the PARO.
The deposit will be returned if you poll more than 5% of the total number of valid votes cast in the police area. Those candidates who have polled less than, or equal to, 5% of the total number of valid votes cast will lose their deposit.
- 1. Paragraph 9 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Inspecting the other candidates’ nomination papers
Only certain people are entitled to attend the delivery of nomination papers and to inspect and make any objections to the validity of a nomination form or home address form.1 After your nomination papers and deposit have been delivered and you stand validly nominated, the following can inspect and make objections to a nomination form or home address form:
- you
- your election agent
- your proposer or seconder
- if you are acting as your own election agent, someone nominated by you to attend on your behalf
If you are your own election agent, you can appoint one other person to attend the delivery of nomination papers and make objections.
If you have submitted more than one nomination form, only the proposer and seconder from the nomination form you have selected will be entitled to attend. If none has been selected, it will be the proposer and seconder of the first submitted nomination form who will have that entitlement.
Nomination papers cannot be inspected by anybody else at any time.
In addition to those included in the list above, Electoral Commission representatives and one other person chosen by each validly nominated candidate may also be present at the delivery of nomination papers, but may not inspect them nor make any objections.
No other person, except the PARO and their staff, may attend the delivery of nomination papers.
- 1. Paragraph 10 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Objections to nominations
Objections to the validity of any nomination form or home address form can be made 19 working days before the poll.
The time within which an objection can be made depends on when the nomination papers are delivered.
Timetable for objections
Nominations delivered up to and including 4pm, 20 working days before the poll
Objections to any nomination form or home address form delivered up to and including 4pm, 20 working days before the poll must be made between 10 am and 12 noon, 19 working days before the poll.1
Nominations delivered after 4pm, 20 working days before the poll
Objections to any nomination form or home address form delivered after 4pm, 20 working days before the poll must be made between 10am and 5pm, 19 working days before the poll. Any objection must be made at or immediately after the time of the delivery of the nomination.2
Decisions on objections
The PARO will consider any objections made, but is entitled to hold a nomination invalid only on the following grounds:3
- that the particulars of the candidate or subscribers are not as required by law
- that the paper is not subscribed as required
The PARO’s decision that a nomination is valid is final and cannot be challenged during the election.
The decision can only be challenged after an election through an election petition.4
Further information can be found in our guidance on election petitions.
- 1. Paragraph 1 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 1 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 11(2) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 11(7) and (8) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
Withdrawing
You may withdraw as a candidate by signing and submitting a withdrawal notice.1 There are no restrictions on who may submit the notice, but it must be delivered in person. The signing of the withdrawal must be witnessed by one other person, who must also sign the notice. A notice of withdrawal can be obtained from the PARO or downloaded from our website.
If you are outside the UK and want to withdraw your proposer can sign the withdrawal notice on your behalf and the withdrawal must be accompanied by a written declaration signed by your proposer confirming your absence.
The withdrawal notice must be submitted to the PARO at the place for the delivery of nomination papers by the deadline for withdrawals by 4pm, 19 working days before the poll.
After the withdrawal deadline it is not possible to withdraw from the election, and your name will appear on the ballot paper. If the election is uncontested, you will be declared elected.
If you withdraw as a candidate, your deposit will be returned.
- 1. Paragraph 15 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
What happens after the close of nominations
The PARO will publish a statement of persons nominated for the police area by no later than 4pm, 18 working days before the poll.1
They will then provide a copy to each LRO in the police area, who will publish the statement locally.
The statement will include:2
- the full or commonly used names, as the case may be, of all candidates validly nominated
- the names of candidates who no longer stand nominated, if any (i.e. invalid and withdrawn candidates and those who have died), with the reason why they are no longer standing
- the home address of each candidate, or if they have requested not to make their home address public, the words Address in the [insert name of police area] Police Area
- each candidate's description (if any)
- 1. Paragraph 1 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 13 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
Will the election be contested or uncontested?
After the close of nominations, the PARO will establish whether or not there is a need to hold a poll.1 If there is more than one candidate standing validly nominated across the police area after the deadline for withdrawals, there will be a poll.
If there is going to be a poll, the Police and Crime Commissioner will be elected under the first-past-the-post voting system. Further information on the voting system can be found in our guidance 'the electoral system'.
If, however, after the deadline for withdrawals there is only one candidate standing, the PARO will declare that candidate elected.
If elected at an uncontested election, candidates must still make a declaration as to their election spending. You can find more information in our guidance about submitting spending returns and taking up office.
- 1. Paragraphs 17 and 62 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Death of a candidate
If the PARO is notified of a candidate’s death during the election campaign or even on polling day itself (but before the declaration of the result), the poll will be cancelled.1
The PARO will in that case order a new election to fill the vacancy.
Should a fellow candidate die during the campaign, the PARO will provide you with further guidance.
If an already elected candidate dies after the declaration of the result, a by-election would be needed to fill the vacancy
- 1. Paragraph 69(1) Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Postal votes
The following sections provide guidance on postal voting and the processes involved.
The guidance covers:
- who can apply to vote by post
- what is contained in postal ballot pack
- the opening of postal votes and who can attend
- the postal vote opening process
- the appointment of postal voting agents and their role
- The guidance also covers your duty to maintain secrecy during postal vote opening sessions.
The Elections Act 2022 has introduced specific restrictions regarding the handling of postal votes. This new legislation will be in force for the scheduled polls in May 2024. You will need to make sure your supporters are aware that it is an offence to handle completed ballot papers or postal ballot packs for voters who are not close family or someone they care for and to follow the Code of conduct for campaigners in Great Britain.
Who can apply to vote by post?
The following can apply to vote by post in PCC elections by submitting an application to their Electoral Registration Officer:
- A person aged 18 or over who is registered to vote
- A person aged 18 or over who or has applied to be registered to vote
- A person who has been appointed to vote as a proxy on behalf of someone else
The application must be received by the Electoral Registration Officer by 5pm, 11 working days before the poll.1
The Electoral Registration Officer has no discretion to extend the deadline for whatever reason.
- 1. Paragraph 16(3) and (4) Schedule 2 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Postal ballot packs
Postal ballot packs will be sent to electors from around two weeks before polling day.
Electors who registered close to the registration deadline will be issued with their postal ballot packs once their names have been added to the final register update on the fifth working day. Electors who applied for their postal vote close to the application deadline will be issued with their postal ballot packs once their application has been determined.
Electors will then mark their ballot paper, complete the postal voting statement by providing their signature and date of birth, and return their postal vote to the Local Returning Officer (LRO) before the close of poll (i.e. 10pm on polling day).
Candidates, election agents and postal voting agents are not entitled to attend the issue of postal votes.
What does the postal ballot pack contain?
Postal ballot packs contain the following:
- Envelope A is the envelope that the elector returns their ballot paper in. It is marked with the letter ‘A’ and the words ‘ballot paper envelope’
- Envelope B is the envelope that the elector will use to return the ballot paper envelope and the postal voting statement. It is marked with the letter ‘B’ and the address of the LRO
- The postal voting statement contains the elector’s name, the number of the ballot paper issued to them, instructions on how to vote by post and space for the elector to sign and provide their date of birth
- The ballot paper
If the election is combined with another poll, the LRO may have decided to combine the issue of postal votes.
In that case, the postal ballot pack will also contain the ballot paper for the other electoral event(s).
The opening of postal votes
Who can attend the opening of postal votes
The following people are entitled to attend the opening of returned postal votes:1
- you
- your election agent, sub agent or a person appointed by you to attend in their place.2
- agents you have appointed to attend openings on your behalf.3 For details on how to appoint these agents see Appointing postal voting agents.
Duty to maintain secrecy during postal vote opening sessions
Ballot papers will be kept face down throughout a postal vote opening session.4 Anyone attending an opening session has a duty to maintain secrecy and must not:
- obtain
- attempt to obtain
- communicate at any time to another person
- disclose how any particular ballot paper has been marked or pass on any such information gained from the session.7
It follows therefore that keeping a tally of how ballot papers have been marked is not allowed.
Anyone found guilty of breaching these requirements can face an unlimited fine, or may be imprisoned for up to six months.8
- 1. Section 27 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Regulation 68 Representation of the People Regulations (England and Wales) 2001 (RPR 2001), ↩ Back to content at footnote 2
- 3. Reg.69 RPR 2001, ↩ Back to content at footnote 3
- 4. Para 48(8)(a) Sch 2 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Section 66 (3A) (a) Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 5
- 6. S.66 (3A) (b) and (4)(a) RPA 1983 ↩ Back to content at footnote 6
- 7. S.66 (4)(b) RPA 1983 ↩ Back to content at footnote 7
- 8. S.66 (6) RPA 1983 ↩ Back to content at footnote 8
Appointing postal voting agents
You may appoint agents to attend postal vote openings.
Anyone, apart from the following people listed below, can be appointed as a postal vote agent:1
- the PARO, a Local Returning Officer (LRO) or a member of their staff (including any clerks appointed specifically for the election)
- a deputy or clerk of the PARO, LRO or a member of their staff
- an officer of a local authority whose services have been placed at the disposal of the PARO or LRO
- a partner or clerk of any of the above
You and your election agent can also automatically act as one of those agents without the need of an official appointment. Sub-agents are entitled to attend the opening of postal votes in their own right.
Each LRO will tell you the maximum number of postal voting agents you can appoint. All candidates will be allowed to appoint exactly the same number.2
The request to appoint postal voting agents must be made in writing to the relevant LRO by you or your agent.
The request must contain the names and addresses of the people being appointed.3 A separate appointment must be made for each local count, even if all local counts are held in a central location. The LRO will provide forms you can use for this, or you can use the Commission’s postal voting agent appointment form.
Appointment forms for postal voting agents need to be submitted to the relevant LRO by the time fixed for the opening of postal votes they want to attend.4
The LRO will give you at least 48 hours’ notice before the scheduled start of each postal vote opening session.5
If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the relevant LRO. Any new appointment in these circumstances must be made without delay.7
More information on what agents can and cannot do and what they can expect to see at postal vote opening sessions, can be found our guidance ‘ what does a postal voting agent do’ and ‘the stages of the postal vote opening process’.
- 1. Article 59 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 33(1) Sch 2 and Para 31(6) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 33(2) Sch 2 and Para 31(9) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 31(7) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 33(2) Sch 2 PCCE Order 2012 ↩ Back to content at footnote 5
- 7. Para 33(5) Sch 2 and Para 31(8) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 7
What does a postal voting agent do?
A postal voting agent is allowed to attend and observe postal vote opening sessions, which are run by the LRO.
At each opening session the LRO will decide whether or not the date of birth and signature provided by electors on their postal voting statements match the signature and date of birth previously provided and held on their records. If there is a mismatch, the postal vote will be rejected.
A postal voting agent has a right to observe, but not to interfere with, this process. A postal voting agent can, however, object to the decision of an LRO to reject a postal vote.1 It will not affect the LRO's decision, but the LRO will record any objections by marking the postal voting statement with the words 'rejection objected to'.
Like your postal voting agents, you, your election agent and sub agent(s) are also entitled to object to a rejection.
The LRO will explain the postal vote opening process to you and may issue you with information on the procedures to be followed, including instructions on what you can and cannot do at the session. You should comply with any instructions that the LRO has given.
- 1. Paragraph 51(4) Schedule 2 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
When are the postal votes opened and how will you know when an opening session if taking place?
It is likely that several opening sessions will take place before polling day, as well as on polling day itself
The LRO must:
- give candidates at least 48 hours’ notice of when and where the sessions will take place.1
- set out how many postal voting agents will be allowed to attend each session.
There will be a final opening session after the polls have closed to open any postal votes handed in to polling stations. This session may be held at the count venue or in another location. The LRO will advise you of the location for the final opening.
For more information on the process carried out at the opening of postal votes see Stages of the postal vote opening process.
- 1. Paragraph 44 Schedule 2 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Stages of the postal vote opening process
The stages of the postal vote opening process can be summarised as follows:
Stage | Process |
---|---|
1 | Postal votes are brought to the opening session in ballot boxes |
2 | The covering envelopes (envelope B) are taken out and counted |
3 | The total number of covering envelopes is recorded |
4 | Covering envelopes (envelope B) are divided between teams of opening staff |
5 | Staff open each covering envelope (envelope B) and remove the postal voting statement and the sealed ballot paper envelope (envelope A) |
6 | Staff check that the number of the postal voting statement matches the number on envelope A |
7 | If the numbers match, staff check that the elector has provided a signature and a date of birth (without checking that they are the elector’s at this stage) Postal voting statements without a signature and date of birth cause the postal vote to be rejected |
8 | If the statement or ballot paper envelope is missing, or the numbers on the statement and ballot paper envelope do not match, the document(s) are set aside, recorded and stored in secure packets |
9 | The LRO must verify the dates of birth and signatures provided on the statements |
10 | The LRO must be satisfied that the dates of birth and signatures on the statements match those previously held on record |
11 | Following verification of the signatures and dates of birth, postal voting statements are removed from the tables |
12 | Staff open the ballot paper envelopes (envelope A) and removed the ballot paper |
13 | Staff check that the number on the back of the ballot paper matches the number on the ballot paper envelope (envelope A) |
14 | Valid ballot papers (not votes) are counted and the total number is recorded |
15 | All valid ballot papers are place into ballot boxes and stored securely before being delivered to the count venue for counting after the close of poll |
16 |
Matching up postal voting statements with postal ballot papers
The LRO will keep lists of any provisionally rejected postal ballot papers1 which are:
- any postal ballot paper that have been returned without a postal voting statement
- any postal voting statement that are not returned with the ballot paper
The LRO will check these lists regularly to ensure that if any mismatched documents can be matched up, those postal ballots are re-introduced into the process.
- 1. Paragraph 55 Schedule 2 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Invalid and rejected postal voting statements
Valid ballot papers are those ballot papers whose related postal voting statement has passed the signature and date of birth checks.
A very small number of voters do not need to sign their postal voting statement. These voters will have been granted a waiver because they are unable to sign or provide a consistent signature due to a disability or an inability to read or write. The postal voting statement sent to such electors will make this clear.
Invalid ballot papers are set aside and stored in secure packets.
Unless a waiver has been granted, the LRO will reject a postal voting statement if a signature and/or date of birth is missing or if a signature and/or date of birth does not match that previously provided by the elector and held on record.
Rejected statements are attached to the relevant ballot paper or ballot paper envelope. They are marked as ‘rejected’ and shown to any agents present.
Agents can object to the LRO’s decision to reject any postal vote and, if they do, the words ‘rejection objected to’ are added to it. However, the LRO’s decision is final and the postal vote will remain rejected.
For polls on or after 2 May 2024 - Postal voting documents handed in or left with the Returning Officer that have been rejected
The Elections Act 2022 has introduced specific restrictions regarding the handing in of postal votes to polling stations or handing in to the Returning Officer. These rules apply to polls held on or after 2 May 2024.
If an individual handing in a postal vote to the Returning Officer:
- does not fully complete the postal vote return form (incomplete)
- hands in postal votes on behalf of more than the permitted number of electors
- is a campaigner not permitted to handle postal votes
- does not complete the postal vote return form (left behind)
the postal vote will be rejected. You may see these rejected postal votes sealed up with a description of its contents written on each packet.
Polling day
Polling day is the day on which polling stations will open and electors will visit them to cast their votes in person. It is also the last day that LROs can accept returned postal votes. Polling day is sometimes called “election day”.
The guidance covers:
- polling station locations and the voting process
- who can support you on polling day (including polling agents and tellers
- polling day dos and don’ts for you and your campaigners
- what happens after polls close
Polling stations
You and your election agent are entitled to observe proceedings inside polling stations.1
A sub-agent may attend but only in their capacity to act on behalf of the election agent.2
Additionally, you may appoint agents to attend polling stations on your behalf.3 For more details please see our guidance on appointing polling agents.
Finding the location of polling stations
The LRO will give public notice of the location of polling stations by the sixth working day before the poll.4 They will give a copy of this notice to election agents soon after this.
Polling station opening hours
Polling stations will be open on polling day between 7am and 10pm.
Any voters waiting in a queue at their polling station at 10pm will be allowed to vote, even if they haven’t been issued with a ballot paper.
- 1. Paragraph 34 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Article 27 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 31 Sch 3 PCCE Order 201 ↩ Back to content at footnote 3
- 4. Para 24(3) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
Who can vote at polling stations?
Most people choose to vote in person at their polling station. Any person on the polling station’s electoral register can vote at the polling station in a PCC election, unless:
- they are a registered postal voter
- they are a registered proxy voter and their proxy has already voted for them or has applied to vote on their behalf by post
- they are not 18 years of age or older on polling day
- they are registered as an overseas peer or an overseas elector
Electors will receive a poll card before the election telling them where and when they can vote. Electors do not need to take their poll card to the polling station in order to vote, unless they are registered anonymously due to a risk to their safety.
Photographic ID requirements
Electors voting in a polling station will be required to show photographic ID before they are issued with a ballot paper. The accepted forms of photographic ID are:1
- a passport issued by the UK, any of the Channel Islands, the Isle of Man, a British Overseas Territory, an EEA state, or a Commonwealth country (including an Irish Passport Card)
- a driving licence issued by the UK, any of the Channel Islands, the Isle of Man, or an EEA state
- a biometric immigration document
- an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card)
- a Ministry of Defence Form 90 (Defence Identity Card)
- a Blue Badge
- a national identity card issued by an EEA state
- an Older Person’s Bus Pass funded by the UK Government
- a Disabled Person’s Bus Pass funded by the UK Government
- an Oyster 60+ Card funded by the UK Government
- a Freedom Pass
- a Scottish National Entitlement Card for the purpose of concessionary travel
- a 60 and Over Welsh Concessionary Travel Card
- a Disabled Person’s Welsh Concessionary Travel Card
- a Senior SmartPass issued in Northern Ireland
- a Registered Blind SmartPass or Blind Person’s SmartPass issued in Northern Ireland
- a War Disablement SmartPass issued in Northern Ireland
- a 60+ SmartPass issued in Northern Ireland
- a Half Fare SmartPass issued in Northern Ireland
- an Electoral Identity Card issued in Northern Ireland
Expired photographic ID documents can still be used as accepted photographic ID at the polling station, as long as the photograph is still a good likeness of the elector.
Where an elector does not have one of the accepted forms of photographic ID, they can apply for a Voter Authority Certificate in a number of ways:
- online at www.gov.uk/apply-for-photo-id-voter-authority-certificate
- in writing on a paper application form
- in person, if the Electoral Registration Officer is offering this service at their office
Anonymous electors wishing to vote in person will be required to apply for an Anonymous Elector’s Document. An application for an Anonymous Elector’s document can only be made in writing, using a paper application form. Your local Electoral Registration Officer will be able to provide the elector with this form on request. The application form can then be returned to the Electoral Registration Officer by the elector by post, by hand or by emailing a scanned copy.
Candidates and agents should not handle completed applications for Voter Authority Certificates or Anonymous Elector’s Documents. Further information is provided in our code of conduct for campaigners in Great Britain.
Return of postal ballot packs
Registered postal voters cannot be issued with a ballot paper at the polling station, but they can return their completed postal ballot pack to their polling station on polling day. Alternatively, in England, they may return their postal vote to certain other polling stations in the local authority area (the elections office will be able to provide details). In Wales, they may return their postal vote to certain other polling stations in the constituency (the elections office will be able to provide details). In all instances, postal ballot packs may also be returned by hand to the LRO at the elections office.
If the LRO has issued postal ballot packs for more than one election on the same day, they will provide information to the electors to explain where their postal ballot packs can be returned to.
Postal ballot packs returned to polling stations must be handed to polling station staff and not placed in the ballot box.
For polls held on or after 2 May 2024
The Elections Act 2022 introduced legislation which restricts the handling of postal voting documents by campaigners. The legislation will be in force for polls held on or after 2 May 2024.
It is an offence for a political campaigner to handle completed ballot papers or postal ballot packs for voters who are not close family or someone they care for.
It also sets a limit for the number of postal votes that can be handed in to a polling station or handed to the Returning Officer and introduces a requirement the completion of a form when doing so.
A person can hand in postal votes on behalf of five other electors as well as their own.
A person who hands in a postal vote is required to complete a form containing information required by law.
Failure to complete the form will result in the rejection of the postal votes that are handed in at a polling station or handed to the Returning Officer.
- 1. Rule 37 Schedule 1 Representation of the People Act 1983 ↩ Back to content at footnote 1
What is the normal voting process
The voting process can be summarised as follows.
Polling station staff will:
- ask voters for their name and address before making sure that they are eligible to vote by checking against the register of electors
- ask the voter to produce their photographic ID
- verify the photographic ID
- mark a straight line against the voter’s entry on the register of electors
- call out the name and electoral number of the elector
- write the elector number on a list (the Corresponding Numbers List) next to the number of the ballot paper to be issued
- ensure that the ballot paper includes the official mark (e.g. a barcode or watermark)
fold the ballot paper and then hand it unfolded to the elector so that they can see all of the options on the ballot paper
The elector will then:
- take the ballot paper to the polling booth, and
- mark the ballot paper in private, unless assisted by a companion or the Presiding Officer
- fold the marked ballot paper and show the ballot paper number and unique identifying mark on the back of the ballot paper to the Presiding Officer
- place the ballot paper into the ballot box and then leave the polling station
The polling station will have facilities for any voter who wishes to have their ID checked in private.
Where the voter does not bring ID or brings an incorrect form of ID, the voter will be able to return to the polling station with an acceptable form of photographic ID. Once an acceptable form of ID is shown, the voter will be issued with a ballot paper.
Where the election has been combined with another electoral event, polling station staff will be issuing the ballot papers for all electoral events that the voter is eligible to vote at.
This means that sometimes, electors may not receive all of the ballot papers being issued in the station, as they may not be entitled to vote at every electoral event.
Different electoral events may have different franchise requirements, so sometimes an elector will not be entitled to vote at all of the polls taking place.
If polls have been combined, a single ballot box may be used for all of the contests or one ballot box may be used for each separate contest.
Accessibility in polling stations
The LRO has a responsibility to ensure that voting is accessible. They must provide each polling station with a range of equipment as is reasonable for the purposes of enabling or making it easier for disabled voters to vote independently and in secret.
The Presiding Officer can assist anyone who is unable to mark the ballot paper themselves.1 Alternatively, a voter may bring along someone they know and trust to assist them in marking their vote.2 The person assisting the voter must be aged 18 or over and can only assist a maximum of two voters at the election.
Any person attending the polling station to assist an elector must complete a declaration to the Presiding Officer before they aid the elector in the polling booth.
- 1. Paragraph 40 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 41 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
Collection of postal ballots from the polling station
The LRO may arrange for the collection of any postal votes that electors have handed in at polling stations throughout polling day.
The Presiding Officer must seal any returned postal votes in a packet before they are collected. Any of your agents present can add their own seal to the packet if they wish.
What happens after polls close
Once all voters who have been issued with a ballot paper have voted, the ballot box is sealed by the Presiding Officer and polling agents, candidates or election agents can add their own seal if they wish.1
After the Presiding Officer has completed all of the paperwork, the sealed ballot box is taken to the count venue.
- 1. Pargraph 47 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Who can support you on polling day
On polling day, you may be supported by campaigners, polling agents, and you may also intend to use tellers.
This section sets out more information about:
- polling agents and how to appoint them
- the role of tellers
- the requirement to maintain the secrecy of the ballot
- dos and don’ts for candidates and their supporters on polling day
Polling agents
Polling agents
You may appoint people as agents to attend the polling stations.
What does a polling agent do?
While a polling agent can observe the poll, they do not have to be present in a polling station for polling and related procedures to take place.
Polling agents have a number of important roles to play on polling day.
They can:
- be present in the polling station before the opening of the poll to watch the Presiding Officer show the empty ballot box before it is sealed
- detect personation and prevent people voting more than once in the election (other than as proxies). Personation is when an individual votes as someone else (whether that person is living or dead, or is a fictitious person
- be present when the Presiding Officer marks a ballot paper at the request of an elector who needs assistance marking a ballot paper because of a disability or an inability to read or write
- report to you or your election agent any improper activities and keep notes, if required, for giving evidence in court
- be present at the close of poll when the various packets of documents are sealed
- attach their seal to any packets made up by the Presiding Officer at the close of poll, including the ballot box. Polling agents’ seals cannot be attached to ballot boxes at the start of or during the poll.
You and your election agent can also do anything that a polling agent is entitled to do.1
- 1. Paragraph 33(7) Schedule 2 Police and Crime Commissioner Elections Order 201 ↩ Back to content at footnote 1
Appointing polling agents
Anyone can be appointed as a polling agent, provided that they are not:1
- the PARO, a Local Returning Officer (LRO) or a member of their staff (including any clerks appointed specifically for the election)
- a deputy or clerk of the PARO, LRO or a member of their staff
- an officer of a local authority whose services have been placed at the disposal of the PARO or LRO
- a partner or clerk of any of the above
You and your election agent can also automatically act as one of those agents without the need of an official appointment. Sub-agents may also attend the poll but only instead of the election agent.
The number of agents who may be appointed to any particular polling station is limited to four, or such greater number as the LRO decides to allow.2 If more than that number are appointed, the LRO will draw lots to determine those people who may attend.3 Only one polling agent for each candidate can be present in a polling station at any time, but a polling agent can be appointed to attend multiple polling stations. Your right, your election agent’s right and the right of sub-agents to attend will remain unaffected by this.
Polling agents must be appointed by not later than the fifth working day before the poll.4 The request to appoint polling agents must be made in writing to the relevant LRO by you or your agent. It must contain the names and addresses of the people being appointed.5 The LRO will provide forms you can use for this, or you can use the Commission’s polling agent appointment form.
If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the relevant LRO. Any new appointment in these circumstances must be made without delay.6
- 1. Article 59 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 31 (4) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 31(4) and (5) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 31(7) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 33(2) Sch 2 and Para 31(9) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Para 33(5) Sch 2 and Para 31(8) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 6
Tellers
Tellers are people who stand outside polling places and record the elector numbers of electors who have voted. They can then identify likely supporters who have not voted and encourage them to vote before the close of poll.
Tellers have no legal status and voters can refuse to give information to them. The LRO is in charge of the conduct of the election in their voting area. If they are concerned by the activities of tellers, they can ask tellers to comply with agreed behaviour or leave the polling place.
We have produced a factsheet of tellers dos and don’ts, as well as more comprehensive guidance on the activities of tellers. The guidance aims to ensure that everyone knows precisely what is and is not acceptable and is designed to promote appropriate standards of conduct. The LRO may also provide their own guidance to tellers.
Maintaining the secrecy of the ballot
Anyone attending a polling station has a duty to maintain the secrecy of the ballot.1 In particular, the following information must not be disclosed:
- the name or electoral number of who has or has not voted
- the number or other unique identifying mark on the ballot paper
Anyone attending a polling station must also not try to ascertain how a voter has voted or who they are about to vote for.
A polling agent can mark off on their copy of the register of electors those voters who have applied for a ballot paper. If the polling agent leaves the polling station during the hours of polling, they will need to leave the marked copy of the register in the polling station to ensure that secrecy requirements are not breached.
Any person found guilty of breaching the secrecy requirements can face an unlimited fine, or may be imprisoned for up to six months.
For more information read the polling station secrecy requirements.
- 1. Article 22 Article 59 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Polling day dos and don’ts
You should:
- make sure that any tellers working for you follow our tellers dos and don'ts and any guidance issued by the LRO and PARO
- make sure your campaigners follow the Code of conduct for campaigners in Great Britain which sets out what is, and is not, considered acceptable behaviour at polling stations and in the community.
- comply with requests by polling station staff and the Local or Police Area Returning Officer about campaigning near polling stations. You should, however, be allowed to put your message across to voters on polling day, including in public spaces outside polling places.
- make sure that any agents who are attending polling stations, postal vote opening sessions or the count understand the rules about the secrecy of the ballot. For more information, see our documents setting out the secrecy requirements for the poll, postal voting and the count.
You must not:
- campaign near polling places in a way that could be seen by voters as aggressive or intimidating (for example, large groups of supporters carrying banners, or vehicles with loudspeakers or heavily branded with campaign material).
- breach the requirements on secrecy of the ballot.1 This is an essential part of any modern democracy and breaches are taken seriously.
- seek to identify and publicise how votes have been marked on individual ballot papers, particularly if you (or your agents) attend postal vote opening sessions.
- publish exit polls or any other data based on information given by people about how they voted after they have cast their vote, including a postal vote, before the close of poll.2
- 1. Article 22 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Art.23 PCCE Order 2012 ↩ Back to content at footnote 2
Verification and count
The following sections provide guidance on the process of verifying and counting the votes in the election. As a candidate you will be invited to attend and observe these processes.
It includes guidance on the following:
- when and where the count will take place
- who can attend the count
- what does a counting agent do?
- duty to maintain secrecy
- how votes are counted
- what if the vote on a ballot paper is not clear?
- doubtful ballot papers
- declaration of result
When and where will count take place
The LRO is responsible for verifying and counting the votes in their voting area.
The LRO will notify you of the exact time and location of their local verification and count.
The Police Area Returning Officer (PARO) is responsible for collating the totals from each voting area and calculating the result for the police area. The PARO will notify you of the time and location of the calculation of the result.
Who can attend the verification and count?
You and your election agent are entitled to attend the verification and count for any of the voting areas in the police area.1 You and your election agent are also entitled to attend the calculation of the result for the police area.2
Additionally, you can invite one other person to attend these proceedings and may also appoint agents specifically to attend these proceedings on your behalf.3
A sub-agent is entitled to attend in place of an election agent, but only if the proceedings relate to the area to which they have been appointed to act.4
For details on how to appoint agents, see Appointing your counting agents.
- 1. Paras 48 and 51 Sch 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 58 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 31 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Art.27 PCCE Order 2012 ↩ Back to content at footnote 4
What does a counting agent do?
Counting agents have a number of important roles to play at the count:
- they observe the counting process and make sure that it is accurate
- they can draw to the attention of count staff any doubtful ballot papers
- if they disagree with a decision by the LRO to reject a ballot paper, they can ask the LRO to mark on the ballot paper “rejection objected to”
- if a count is suspended for any reason, there is a break between the end of verification and the start of the count and/or ballot boxes with verified ballot papers need to be transported to a different location for counting, counting agents can add their seals when the LRO seals the ballot boxes and envelopes
You and your election agent can do anything a counting agent is allowed to do.1
- 1. Para 31(13) and (14) Sch 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Appointing your counting agents
You (or your election agent) may also appoint agents to attend the count.1
Anyone, apart from those listed below, can be appointed as a counting agent.
The following people are not allowed to be counting agents:2
- the PARO, a Local Returning Officer (LRO) or a member of their staff (including any clerks appointed specifically for the election)
- a deputy or clerk of the PARO, LRO, or a member of their staff
- an officer of a local authority whose services have been placed at the disposal of the PARO or LRO
- a partner or clerk of any of the above
You and your election agent can also automatically act as one of those agents without the need of an official appointment. Sub-agents may also attend the poll and the count, but only instead of the election agent.
Each LRO will tell you the maximum number of counting agents you can appoint. All candidates will be allowed to appoint exactly the same number.3 At the count, unless there are special circumstances, the number of counting agents allowed for each candidate will not be less than the number obtained by dividing the number of counting assistants (i.e. those staff employed on the counting) by the number of candidates.4
The request to appoint these agents must be made in writing to the relevant LRO by you or your election agent. It must contain the names and addresses of the people being appointed.5 A separate appointment must be made for each local count, even if all local counts are held in a central location.6 The LRO will provide forms you can use for this, or you can find counting agent appointment forms on the Commission’s website.
The deadline for appointing agents is by no later than 5 working days before the poll.7
If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the relevant LRO. Any new appointment in these circumstances must be made without delay.8
More information on what agents can and cannot do and what they can expect to see at the count, can be found in our guidance What does a counting agent do?
- 1. Para 33 Sch 2 and Para 31 Sch 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Art. 59 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 33(1) Sch 2 and Para 31(6) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 31(6) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 33(2) Sch 2 and Para 31(9) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Para 31(7) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Para 31(7) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Para 33(5) Sch 2 and Para 31(8) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 8
Duty to maintain secrecy
Anyone attending the count has a duty to maintain the secrecy of the count.1 In particular, anyone attending must not:
- ascertain or attempt to ascertain number or other unique identifying mark on the back of any ballot paper
- communicate any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper
- 1. Article 22 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
How the votes will be counted
Stage 1 - Check in
The LRO’s staff deliver the ballot boxes from the polling stations to the count venue.
The LRO’s staff check in ballot boxes as they arrive at the count venue.
Stage 2 – Verification
Ballot boxes are emptied onto tables and the empty boxes are shown to agents.
Staff count the ballot papers from each polling station.
Staff verify that the number of ballot papers matches the number of papers issued, as recorded on the Presiding Officers’ ballot paper accounts.
The verified ballot papers are shown to election and counting agents face up.
The LRO determines the reasons for any discrepancies and produces a final verified total.
The LRO produces a statement of the verification. Agents can view or copy this statement if they wish.
Where the election has been combined with another electoral event, all ballot boxes will be verified before any results are declared.
There may be a single ballot box for all elections or separate boxes for different contests. In any case, ballot papers will be sorted into the separate contests.
Any ballot paper found in the ‘wrong’ ballot box is still valid and will be moved to the correct box during verification.
If the count does not take place immediately following verification, the verified boxes will be stored securely. Candidates and agents can attach their seals to boxes if they wish.
Stage 3 – Counting of the votes
Staff will sort the ballot papers by candidate and count the number of votes cast for each candidate.
The local totals are then transmitted to the PARO for the calculation of the result.
What if the vote on a ballot paper is not clear?
A ballot paper will not be counted if it:
- is unmarked
- does not contain the official mark
- contains more than one vote
- the voter has not indicated their choice with certainty
- contains any mark or writing that may identify the voter
The LRO must draw up a statement showing the number of ballot papers rejected in their voting area for these reasons.1
If the voter’s intention is clear on a ballot paper and the voter cannot be identified by any mark or writing, it will not be void if a vote is marked:
- elsewhere than in the proper place
- by other means than a cross (e.g. a tick)
- by more than one mark
The LRO must mark the word “rejected” on any ballot paper that is rejected. They must add the words “rejection objected to” if a counting agent objects to the LRO’s decision.2 For more details on the adjudication of doubtful ballot papers see our guidance below.
- 1. Paragraph 53(7) Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Para 53(6) Sch 3 PCCE Order 2012 ↩ Back to content at footnote 2
Doubtful ballot papers
To assist LROs, we have produced guidance on how to adjudicate votes on ballot papers that may appear doubtful. This guidance is contained in our booklet Dealing with doubtful ballot papers. We have also produced a ballot paper placemat of allowed and rejected votes for quick reference.
The examples given in these documents are based on the election rules.
Please note that while these documents provide guidance for LROs, each individual LRO has the ultimate responsibility for making a decision on individual ballot papers. Additionally the PARO may also have provided guidance to the LROs in their police area in order to ensure consistency of approach across the police area.
The LRO’s decision to reject a particular ballot paper during the count or recount is final and can only be reviewed at an election petition after the declaration of the result. For more details see our guidance on election petitions.
Recounts
You or your election agent can ask the LRO to recount the votes. The LRO can refuse to recount if they think the request is unreasonable.1
Recounts can only be requested at voting area level. Police-area-wide recounts are not allowed.
- 1. Paragraph 54 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Declaration of result
Once all the count totals from the voting areas have been added up by the PARO, the PARO will declare and give public notice of the result.
Some Returning Officers allow candidates to make speeches after the result is declared. Please check arrangements with the PARO.
For details of what happens after the result has been announced see After the election.
After the election
This section sets out what happens after the election, including actions that candidates must take. This covers:
- submitting your spending return and the associated deadlines
- return of your deposit
- access and supply of election documents
- election petitions
Deadlines
After the election, the agent should make sure that:
- all invoices are received no later than 21 calendar days after the election result is declared1
- all invoices are paid no later than 28 calendar days after the election result is declared2
- an election spending return reporting details of the candidate’s spending and donations, together with a declaration confirming the return is complete and correct to the best of their knowledge and belief,3 is reported to the Police Area Returning Officer (PARO) no later than 70 days after the election result is declared4
Please note that if the deadline for any of the above falls on a weekend or public holiday, the deadline will move to the next working day.5 This is included within the following deadline calculations.
Date result is declared | Latest date to | ||
---|---|---|---|
Receive your invoices | Pay your invoices | Submit your return and agent declaration | |
2 May 2024 | 23 May 2024 | 30 May 2024 | 11 July 2024 |
3 May 2024 | 24 May 2024 | 31 May 2024 | 12 July 2024 |
4 May 2024 | 28 May 2024 | 3 June 2024 | 15 July 2024 |
The candidate must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.6
The candidate must also send the PARO a declaration confirming that the return is complete and correct to the best of their knowledge and belief. This must be done within seven working days of the return being submitted.7
If the candidate is outside the United Kingdom when the declaration is due, the deadline for submitting their declaration is extended to 14 days after they come back.8
You must still submit a return even if you haven’t spent any money.9 This is called a ‘nil return’.
There are consequences for failure to submit spending returns and these are set out in What happens if a spending return or declaration isn’t submitted?
Invoices received or paid outside of the deadlines
We call claims (invoices for your candidate spending) that are received by the election agent later than the deadline of 21 days, unpaid claims.
Unpaid claims cannot legally be paid unless a court order is gained granting leave to pay the claim.10
It can be an offence to pay an unpaid claim without a court order.11
We call claims (invoices) that were submitted within the deadline of 21 days but remain unpaid later than the deadline of 28 days, disputed claims.
Disputed claims cannot legally be paid without a court order first being gained granting leave to pay the claim.12
Any claim paid:
- after the 21 day deadline for receipt, or
- after the 28 day deadline for payments,
following a successful application to the court and after the deadline for submission of election spending returns, must be reported in writing to the returning officer within seven days of payment and be accompanied by a copy of the court order.13
You should also forward a copy of the Order to the Electoral Commission.
- 1. Article 37(1) Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Article 37(2) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Article 41 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Article 40(1) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Article 73 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Article 32(3) & article 37(1) PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Article 41(2) PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Article 41(3) PCCE Order 2012 ↩ Back to content at footnote 8
- 9. Article 40(1) PCCE Order 2012 ↩ Back to content at footnote 9
- 10. Article 37(1) & (5) PCCE Order 2012 ↩ Back to content at footnote 10
- 11. Article 37(3) PCCE Order 2012 ↩ Back to content at footnote 11
- 12. Article 37(2) & (5) and article 38(3) PCCE Order 2012 ↩ Back to content at footnote 12
- 13. Article 40(4) PCCE Order 2012 ↩ Back to content at footnote 13
Completing your return
The spending and donations report is known as a ‘return’.
The agent must complete the return, which should include the following for each item of spending:
- what the spending was for – for example, leaflets or advertising
- the name and address of the supplier
- the amount or value
- details of when it was incurred and paid
- details of any unpaid or disputed amounts
- details of any notional spending, and a declaration of its value1
- invoices or receipts for any payment of £20 or over2
- details of any personal expenses3
The return must also include details of all donations over £50 and any authorised local campaigning spending.4 There is more information on the details that you need to report in Candidate spending and Candidate donations.
The candidate and agent must also sign a declaration that the return is complete and correct to the best of their knowledge and belief.5 It is your responsibility to fully and accurately report candidate spending.
It is a criminal offence to make a false declaration knowingly.6
Forms you will need:
- 1. Article 40(1)(a) & article 51(2)(b) Police and Crime Commissioner Elections Order 2012 (PCCE Order 2012) ↩ Back to content at footnote 1
- 2. Article 40(1)(b) PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Article 40(1)(a) & Schedule 6 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Schedule 5, para. 10(1) & Article 40(2)(c) PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Article 41(1) & (2) PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Article 41(6) PCCE Order 2012 ↩ Back to content at footnote 6
What happens if a spending return or declaration isn’t submitted?
Failure to submit a spending return or declaration by the deadline without an authorised excuse is a criminal offence.1
The Electoral Commission has a legal remit to secure compliance with the rules on candidates’ spending and donations, but no sanctioning powers in respect of breaches. Suspected breaches of the rules should be referred to the police.
If the return and declaration as to a candidate’s election expenses are not delivered before the expiry of the time limited for the purpose, the candidate is, as respects that election, disqualified from being elected as, or being a Police and Crime Commissioner.2
- 1. Article 43 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
- 2. Art. 44 PCCE Order 2012 ↩ Back to content at footnote 2
What happens if you don’t follow the rules?
If you do not comply with the legal or regulatory requirements, you may be subject to criminal sanctions. If you win the election and someone succeeds in an election petition against your campaign activities or reporting, you could be barred from holding office.
If you take donations that you can’t legally accept, we may apply to the courts for them to be forfeited.
You can find more information about the Commission’s regulatory role at:
https://www.electoralcommission.org.uk/who-we-are-and-what-we-do/our-enforcement-work
Return of deposit
The deposit will be returned if you poll more than 5% of the total number of valid votes cast in the police area.1
Those candidates who have polled less than, or equal to, 5% of the total number of valid votes cast will lose their deposit.
- 1. Paragraph 63 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
Declaration of acceptance of office
If elected, your term of office as Police and Crime Commissioner will start on the seventh calendar day after polling day.
The declaration of acceptance of office must be made within two months from the day of election and may be signed immediately after the result of the election has been declared.
If you do not submit your declaration within two months, the post will be declared vacant and a by-election will be held.1
- 1. Section 70 Police Reform and Social Responsibility Act 2011 ↩ Back to content at footnote 1
What happens to the paperwork after the result is announced?
After the result is declared, all election documents are securely held by the Electoral Registration Officer for a period of 12 months.1
Most documents are available for public inspection. Please note that ballot papers are not open to public inspection.
Inspection and supply of the marked registers and lists of absent voters
The marked electoral registers and lists of absent voters show who has been issued with a ballot paper, who has returned their postal ballot paper, and who has had a proxy vote cast on their behalf.
You can inspect or obtain copies of the marked register of electors and lists of absent voters after the election if you make a request in writing to the relevant Electoral Registration Officer(s).2 Contact details are available on our website: https://www.electoralcommission.org.uk/i-am-a/voter/your-election-information
Note that you can only use the information obtained from these documents for research or electoral purposes.
The request for inspection must specify:3
- which documents are requested
- the purposes for which the information in any document will be used
- where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose
- who will inspect the documents
- the date on which they wish to inspect the documents, and
- whether they would prefer to inspect the documents in a printed or data form
Inspection is under supervision and will be free of charge. You will not be able to take copies, but may make handwritten notes.
The request for supply must specify:4
- which of the marked register or lists (or the relevant part of the register or lists) are requested
- whether a printed copy of the records or lists is requested or a copy in data form
- the purposes for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose
The requested document will be supplied for a fee of £10 plus £2 for printed and £1 for data versions per 1,000 entries.5
Note that after 12 months these documents, held by the relevant Electoral Registration Officer, may be destroyed, unless a court order directs otherwise.6
Under current data protection legislation, personal data processed for any purpose shall not be kept for longer than is necessary for that purpose. If you request and are supplied with any of the information listed above, once the purpose for collecting this data has passed, you need to consider if there is a reason for you to retain that data. If there is not you should ensure secure destruction of any data held.
Inspection of other election documents
You can inspect other election documents, but you will not be allowed to make any notes or take copies of these documents.7 The only documents that cannot be inspected are:
- the ballot papers
- the corresponding number lists
- the certificates allowing polling station staff to vote at the polling station they are working at
- nomination papers
- the Ballot Paper Refusal List (information from this list can only be disclosed to the relevant elector or proxy on request following their refusal)8
Nomination papers cannot be inspected after the election. They can only be inspected by certain people before 4pm, 19 working days before polling day (5pm in certain circumstances).9
After 12 months all of the election documents that are held by the Electoral Registration Officer will be destroyed, unless a court order directs otherwise.10
Inspection of election spending returns
Spending returns and declarations are held by the Police Area Returning Officer. They can be inspected by any person after they have been submitted.11 Copies can also be made for a fee of 15p per side per page.
Spending returns and declarations are kept for two years. You can request to have them returned to you or your agent at the end of this period. If you or your agent does not want them back, the spending returns and declarations will be destroyed.
- 1. Paragraph 68 Schedule 3 Police and Crime Commissioner Elections Order 2012 ↩ Back to content at footnote 1
- 2. Para 2 Sch 10 PCCE Order 2012 ↩ Back to content at footnote 2
- 3. Para 3(2) Sch 10 PCCE Order 2012 ↩ Back to content at footnote 3
- 4. Para 2(4) Sch 10 PCCE Order 2012 ↩ Back to content at footnote 4
- 5. Para 6 Sch 10 PCCE Order 2012 ↩ Back to content at footnote 5
- 6. Rule 68 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 6
- 7. Para 3 Sch 10 PCCE Order 2012 ↩ Back to content at footnote 7
- 8. Regulation 32 Voter Identification Regulations 2022 ↩ Back to content at footnote 8
- 9. Para 1 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 9
- 10. Rule 68 Sch 3 PCCE Order 2012 ↩ Back to content at footnote 10
- 11. Article 49 PCCE Order 2012 ↩ Back to content at footnote 11
Election petitions
The outcome of a Police and Crime Commissioner election can be challenged through an election petition.
Lodging an election petition
Only certain people can lodge an election petition, and only under specific circumstances.
A Police and Crime Commissioner election petition can be issued by:1
- someone claiming to have been a candidate at the election, or
- at least four electors (not anonymously registered electors) who had a right to vote at the election (note that they need not have voted).
The allowable grounds for a petition are that:2
- the successful candidate was disqualified at the time of the election
- the successful candidate was not duly elected
- the election was invalidated by corrupt or illegal practices
- the election was invalidated because of general corruption or the employment of a corrupt canvasser/ agent3
The Police and Crime Commissioner whose election or return is complained about must be a respondent to the petition. If the petition complains about the conduct of the Returning Officer (either the Police Area Returning Officer and/or the Local Returning Officer) or their staff during the election, the Returning Officer(s) may also be a respondent.4
Normally a petition must be presented within 21 calendar days after the date of the poll. However, if the petition complains of corrupt or illegal practices involving the payment of money or other reward, or an illegal practice relating to election spending, further time may be allowed.5
For any questions relating to election petitions, including to confirm the deadlines for lodging an election petition, you should contact:
The Election Petitions Office
Room E105
Royal Courts of Justice
Strand
London
WC2A 2LL
Email: [email protected]
Phone: 0207 947 6877
There are costs attached to an election petition. If you are considering lodging an election petition, we strongly recommend that you take independent legal advice.
- 1. Section 128 Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 1
- 2. S.127 RPA 1983 ↩ Back to content at footnote 2
- 3. S.128 RPA 1983 ↩ Back to content at footnote 3
- 4. S.128 RPA 1983 ↩ Back to content at footnote 4
- 5. S.129 RPA 1983 ↩ Back to content at footnote 5
Resources for Candidates and Agents at PCC elections
What you need to know before you stand for election
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