Guidance for Returning Officers administering a Greater London Authority (GLA) election
Death of a candidate
In the event of the death of a candidate during the election period, the procedure to be followed at a constituency election depends on the time when you receive proof of the death of the candidate. It is the time when you receive proof of the candidate’s death that is the relevant factor, not the actual time of death.
Proof of death received before the withdrawal deadline
If you receive proof of a candidate’s death after you have accepted their nomination as valid, but before the deadline for the withdrawal of nominations, you should wait until that deadline has passed. In this case, the candidate is deemed not to be standing for election.1
If the number of validly nominated candidates, excluding the deceased, is more than one, the poll must be countermanded and a new election must be held.2
If the number of validly nominated candidates, excluding the deceased, is one, then that candidate is deemed elected. If no candidates remain validly nominated, you must order a new election to fill the vacancy.3
Proof of death received before polls open
If proof of the death of a validly nominated candidate at a contested election is received before the opening of the poll, you must countermand the notice of poll and the poll does not take place. A new election must be held.4
Proof of death received after polls have opened and before the declaration of result
If proof of the death of a validly nominated candidate at a contested election is received after the opening of the poll but before the declaration of result, you must direct that poll is abandoned. A new election must be held.5
In this instance, because the poll will have started, the documentation for the constituency election (i.e. issued and un-issued ballot papers, etc.) must be returned to you and sealed up in the normal way.
Any postal votes received back must also be sealed in packets and any envelopes not opened at the time of the notification of the death must be sealed in packets unopened.
If the verification or count has started, the proceedings for the constituency election are ceased and you must seal and retain the ballot papers and other documents.6
The countermand of the notice of poll or abandonment of the poll at the election, will not affect the Mayor of London or London-wide Assembly Member elections.
Informing the GLRO
You must inform the GLRO if the poll is countermanded or abandoned and give them the name of the candidate who has died.7
Timetable for the new election due to the death of a candidate
Where a new election is required after the countermanding or abandonment of a poll due to a candidate’s death, you must select a new day for the poll, and this must fall within 35 working days of the day fixed for the first poll.8 We will be available to support you in identifying and taking the appropriate actions.
Death of a London-wide Assembly Member candidate
In the event of the death of a London-wide candidate, the GLRO will inform you of this fact.
There is no provision for the poll to be countermanded or abandoned if a London-wide Assembly Member candidate dies, although every effort should be made to inform voters and the GLRO will liaise with you in this regard.
Death of a Mayoral candidate
The impact of the death of a Mayoral candidate will depend on whether or not the deceased candidate was standing on behalf of a registered political party and whether there were two or more candidates contesting the election.
If the GLRO is notified of the death of a Mayoral candidate, they will inform you of the impact of this on the poll and of any processes you will need to follow as a result.
- 1. Rule 9(1)(b) CMER ↩ Back to content at footnote 1
- 2. Rule 60(1) CMER ↩ Back to content at footnote 2
- 3. Rule 15 CMER ↩ Back to content at footnote 3
- 4. Rule 60(1) CMER ↩ Back to content at footnote 4
- 5. Rule 60(1)CMER ↩ Back to content at footnote 5
- 6. Rule 60(6) CMER ↩ Back to content at footnote 6
- 7. Rule 60(1)(b) CMER ↩ Back to content at footnote 7
- 8. Rule 60(2) CMER and section 39 of the Representation of the People Act (“RPA 1983”) ↩ Back to content at footnote 8