Guidance for Returning Officers administering Local Government Elections in England
Commonly used names
Where a candidate commonly uses a different name from their actual name, or commonly uses their names in a different way to those stated on the nomination paper, they can ask for this to be used instead of their actual name.1
A candidate can request to use a commonly used forename, surname or both. They may also use initials if they are commonly known by them.
For example, they may be known by their abbreviated name Andy, rather than their full first name Andrew. In that case, they can write Andy into the commonly used forename box on the nomination form if they would prefer that name to appear on the ballot paper.
A candidate with a hyphenated surname may choose to use one part of their surname if this is how they 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).
However, if a candidate has a title, they can use this as their full name. For example, if the candidate’s actual name is Joseph Smith, but their hereditary title is Joseph Avon, they can use the name Joseph Avon as their full name.
The table below sets out a non-exhaustive list of potential variations:
Candidate actual name | Commonly used name | Different forename from any other forename or surname from any other surname? | Acceptable? |
---|---|---|---|
Andrew John Smith-Jones | Andrew Smith-Jones | No | Yes – if Andrew was the name by which he is commonly known. |
Andrew John Smith-Jones | John Smith-Jones | No | Yes – if John was the name by which he is commonly known. |
Andrew John Smith-Jones | Andy Smith-Jones | Yes | Yes - if Andy was the name by which he is commonly known. |
Andrew John Smith-Jones | Johnny Smith-Jones | Yes | Yes - if Johnny was the name by which he is commonly known. |
Andrew John Smith-Jones | Andrew John Smith | Yes | Yes - a candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. |
Andrew John Smith-Jones | Andy Jones | Yes | Yes - if Andy was the name by which he is commonly known and a candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. |
Andrew John Smith-Jones | AJ Smith-Jones | Yes | Yes - if AJ are initials by which he is commonly known. |
Andrew John Smith-Jones | Andrew J Smith | Yes | Yes - if Andrew J was the name by which he is commonly known and a candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. |
Decisions on Commonly Used Names
It is not for you to decide whether the commonly used name is a name that the candidate commonly uses or whether it meets the legal requirements. The law requires you to take whatever has been entered in the commonly used name box at face value and to accept it as the candidate’s commonly used name.
The only grounds you have in law for rejecting a commonly used name is that you consider that:2
- its use may be likely to mislead or confuse electors, or
- it is obscene or offensive
It is the candidate’s responsibility to ensure that they have completed their nomination form in accordance with the law and to be satisfied that the given commonly used name is a name that they genuinely commonly use.
In the course of providing informal advice, you may wish to draw the candidate’s attention to our guidance for candidates and agents on commonly used names.
- 1. Rule 4(3), Local Elections (Principal Areas) (England and Wales) Rules 2006 (LEPAR 2006); Rule 4(3), Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (PCR 2006); Rule 6(4), Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (LAM Rules 2007) ↩ Back to content at footnote 1
- 2. Rule 9(4), LEPAR 2006; Rule 9(4), PCR 2006, Rule 12(4), LAM Rules 2007 ↩ Back to content at footnote 2