Guidance for (Acting) Returning Officers administering a UK Parliamentary election in Great Britain

Death of a candidate

The impact that the death of a candidate will have on the election depends on whether the deceased candidate was standing as an independent or was standing on behalf of a registered political party.

For the purposes of the management of the election, it is the time at which you receive proof of the candidate’s death that is the relevant factor, not the actual time of death.

Proof of death is not defined. You should be satisfied with any information that you have received to indicate that the death has occurred.

Death of an independent candidate

In the event that an independent candidate dies during the election period the election continues as normal. 

The impact of the death of an independent candidate on the result of an election is set out in the following table.

Scenario Action

Scenario one

If the deceased candidate receives the most votes, they are not elected and the election is re-run. 

All of the existing candidates remain nominated for the new election although candidates may withdraw.1 New nomination forms are not required. No new nominations are allowed.  

The retention or return of the deposit for candidates is determined by the result of the re-run election.

Scenario two If the deceased candidate did not receive the most votes, the winning candidate is declared elected and the election is not affected. 
Scenario three If the deceased candidate came joint first with the same number of votes as any other candidate, the other candidate is declared elected.
Scenario four

If only two persons are standing nominated and an independent candidate dies, the election is treated as an uncontested election and the other candidate is declared elected.

In all circumstances, you must return the deposit of the deceased candidate to the person who made it. If the deceased candidate made the deposit, you must return the deposit to their personal representative.

Death of a party candidate

Scenario Action
Scenario one If a candidate standing on behalf of a political party (or as a joint candidate standing on behalf of two or more parties) dies before polls open, the poll will be countermanded, meaning the poll will be cancelled.
Scenario two If a candidate standing on behalf of a political party (or as a joint candidate standing on behalf of two or more parties) dies after the polls have opened but before the declaration of result, the election is stopped immediately. 
Scenario three

If a candidate standing on behalf of a political party (or as a joint candidate standing on behalf of two or more parties) dies after the poll has closed and count is being undertaken, the count process stops. 

In all of the scenarios concerning death of a party candidate, there will be a new election.2  

All of the existing candidates remain nominated for the new election although they may withdraw.3 New nomination forms are not required.  

No new nominations are allowed. The only exception is that a new candidate can be nominated to stand on behalf of the same party (or parties) as the candidate who died. In this circumstance, the nomination paper for the new candidate must be submitted by the close of nominations based on the new timetable.

The retention or return of the deposit is determined by the result of the re-run election.

Death of the Speaker of the House of Commons

If a candidate who was the Speaker of the House of Commons seeking re-election has died after the polls have opened but before the declaration of the result, the election is stopped immediately. 

If a candidate who was the Speaker of the House of Commons seeking re-election has died and the polls have not opened, the poll is countermanded. 

If the count is being undertaken, that process stops. 

In the circumstance of any of the scenarios above, there will be a new election.4  

In the case of the death of the Speaker new nominations are allowed for the new election. These must be submitted in the usual way and by the deadline for nominations based on the new timetable.

Timetable for the new election due to death of a candidate

The timetable for the new election will be prepared as if the writ was received seven working days after you received proof of the death. 

The new polling day must be between 21 and 27 working days after the day on which the writ is taken to have been received.5  

Last updated: 19 December 2023