Guidance for Returning Officers administering Local Government Elections in England

The impact that the death of a candidate will have on the election depends on the time at which you receive proof of the candidate’s death, 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.1

Proof of death received before the withdrawal deadline

In the event that 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.2

If the number of validly nominated candidates, excluding the deceased, is more than the number of vacancies in the ward, the poll must be countermanded and a new election must be held.3

If the number of validly nominated candidates, excluding the deceased, is the same as or fewer than the number of vacancies in the ward, then all the validly nominated candidates are deemed elected.

If there are any unfilled vacancies, you must order a new election to fill the remaining vacancies.4

Proof of death received after the withdrawal deadline and 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, the notice of poll must be countermanded and the poll does not take place. A new election must be held.5

Proof of death received after the 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, the poll must be abandoned, and a new election must be held.6

In this instance, because the poll will have started, any documentation (i.e. issued and un-issued ballot papers, etc) must be returned to you and sealed up in the normal way.7

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.8

Timetable for the new election due to 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 original poll.9

New nominations can be made, but candidates already validly nominated at the original poll do not have to be nominated a second time.10

Candidates validly nominated prior to the countermanding or abandonment of the poll may not withdraw, as their period for withdrawals has expired.