west lothian council by-election – 1 october 2015 linlithgow ward candidates briefing 25 august...

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West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

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Page 1: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

West Lothian Council By-Election – 1 October 2015

Linlithgow Ward

Candidates Briefing

25 August 2015

Page 2: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Covering

• Who’s who• Timetable• Qualifications• Disqualifications• Nominations• Agents• Postal votes

• Day of poll• Single Transferable

Vote• Counting of votes• Campaign

spending• Contacts

Page 3: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Who’s Who • The Returning Officer is the person responsible for running

the election. The Returning Officer is Graham Hope .

• The Electoral Registration Officer is responsible for maintaining the register of electors and absent voters’ lists. The Electoral Registration Officer is Joan Hewton, Lothian’s ERO.

• Election Team

• Electoral Commission has a responsibility for issuing guidance to candidates and agents – available at - http://www.electoralcommission.org.uk/i-am-a/candidate-or-agent/local-council-elections-in-scotland

Page 4: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Timetable Event Working days before poll

(deadline if not midnight)Date (Poll Day 1 October 2015)

First day to publish notice of election Not earlier than 35 days Not earlier than Thursday 13 August 2015

Last day to publish notice of election Not later than 28 days Not later than Monday 24 August 2015

Delivery of nomination papers From the day after the publication of the notice of election

Until 4pm each working day until the deadline for the delivery of nomination papers

Deadline for the delivery of nomination papers

23 days (4pm) 4pm on Monday 31 August 2015

Deadline for withdrawals of nomination

23 days (4pm) 4pm on Monday 31 August 2015

Deadline for the notification of appointment of election agents

23 days (4pm) 4pm on Monday 31 August 2015

Publication of notice of poll As soon as practicable after the deadline for withdrawals

As soon as practicable after 4pm on Monday 31 August 2015

First time nomination papers are open to public inspection

During office hours from 24 hours after the deadline for delivery of nomination papers

From 4pm on Tuesday 1 September 2015 (during office hours)

Registration deadline 12 days Midnight on Tuesday 15 September 2015

Page 5: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Timetable Event Working days before poll

(deadline if not midnight)Date (Poll Day 1 October 2015)

Deadline for new postal vote applications and for changes to existing postal or proxy votes

11 days (5pm) 5pm on Wednesday 16 September 2015

Deadline for new applications to vote by proxy (not postal proxy), except for medical emergencies

6 days (5pm) 5pm on Wednesday 23 September 2015

Deadline for notification of appointment of polling and counting agents

5 days Thursday 23 September 2015

First date that electors can apply for replacements for lost postal votes

4 days Friday 25 September 2015

Last time nomination papers are open for public inspection

1 day End of office hours on Wednesday 30 September

POLLING DAY 0 (7am to 10pm) 7am to 10pm on Thursday 1 October 2015

Last time for re-issue of spoilt and lost postal votes

0 (5pm) 5pm on Thursday 1 October 2015

Deadline for emergency proxy applications

0 (5pm) 5pm on Thursday 1 October 2015

Last time to alter the register due to clerical error or court appeal

0 (9pm) 9pm on Thursday 1 October 2015

Last day to submit election spending returns

35 calendar days after the result is declared

Friday 6 November 2015 (if result declared on Friday 2 October 2015)

Page 6: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Can you stand?• Candidates must satisfy criteria on day they are nominated:– At least 18 years of age, and– British, qualifying Commonwealth (with indefinite leave

to remain), EU member state citizen• Also at least one of the following:– Registered local government elector for local authority

area – Occupied as owner or tenant any land or premises in the

local authority area during the whole 12 months preceding nomination

– Principal or only place of work (including unpaid) during last 12 months in local authority area

– Lived in local authority area for the previous 12 months.

Page 7: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Disqualifications• A person cannot be a candidate if they:– received a severance payment under the Local Governance

(Scotland) Act 2004– hold a politically restricted post – have had their estate sequestrated by a court in Scotland, been

adjudged bankrupt by a court elsewhere, or are the subject of a bankruptcy restrictions order

– have been sentenced to a term of imprisonment of 3 months or more (inc. suspended sentence) without option of a fine, during the 5 years before day of nomination or election

– have been disqualified by a decision of the Accounts Commission or the Standards Commission

– are serving a disqualification due to being found guilty of a corrupt or illegal practice by an election court

Page 8: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Nominations

• Please submit as early as possible – make an appointment

• Nomination forms must be submitted by all candidates by 4pm – 31 August 2015

• Party candidates will also need to submit:

– a certificate authorising the use of a party name/ registered description on the ballot paper

– a written request to use one of the party’s emblems on the ballot paper (optional)

by 4pm – 31 August 2015

• Check and double check

Page 9: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Nomination Form

• Electoral Commission guidance

• Include your full name & home address

• Optional: commonly used name box(es) if commonly known by a name other than full name and wish to use it instead

• Description field – 3 options

• Qualification(s) – complete all that apply

• Sign it

• Witness to provide name, address and signature

Page 10: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Election Agent

• Responsible for the proper management of your election campaign; particularly its financial management.

• Notification of appointment must reach the Returning Officer by 4pm – 31 August 2015

• Form is included in nomination pack.

• Office of election agent must be in West Lothian, or in either of Livingston or Linlithgow & East Falkirk constituencies

• You will become your own agent by default if none is appointed.

Page 11: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Other Agents

• Other agents can be appointed to attend postal vote openings, polling stations and the count on your behalf:

– The RO requires notice in writing of any people appointed as polling and counting agents by 24 September 2015.

– The appointment of postal voting agents attending a particular opening session must be made before the start of the session. The RO will give at least 48 hours’ notice.

– Forms are available for notifying the RO.

Page 12: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Campaigning

• Use imprints on all your campaign material, including websites.

• Comply with planning rules relating to advertising hoardings and large banners.

• Make sure you comply with council policy

• Do not produce material that looks like a poll card.

• Do not pay people to display your adverts (unless they display adverts as part of their normal business).

Page 13: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Electoral Register & AV List• Access by candidates – once you officially become a

candidate:

– earliest, on 24 August 2015 [last date for publication of notice of election] if you, or others declared yourself a candidate; or

– once you or others have declared yourself a candidate after this date or date you submit your nomination papers, whichever is earliest

• Make written request to the ERO – forms are included in your nomination pack.

• Only use data for electoral purposes including to help you campaign

Page 14: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Polling Places

• No change to polling places

• 11 polling stations - in the nomination pack

Page 15: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Postal Voting

• Potential impact of re-registering online

• Direct voters to ERO if they want to apply for a postal vote

• Familiarise yourself with the Electoral Commission’s Code of Conduct for Campaigners

• Openings

• Appointment of postal vote agents

• Secrecy requirement

Page 16: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Polling Day

• Polling stations open from 7am to 10pm

• Election Office open 6.15am to 10.30pm for queries or problems relating to the administration of the election

– any queries relating to election spending issues, contact the Electoral Commission (contact details shown later)

– Electoral registration queries direct to the Electoral Registration Office

• Campaigning, tellers and rosettes & badges

• Postal votes – can be handed into polling stations within the ward or delivered to the elections office until 10pm.

Page 17: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Single Transferable Vote

• Voters will rank candidates in their order of preference using numbers (1, 2, 3, 4, 5, 6, etc).

• Voters can rank as many or as few candidates as they wish.

• The same number cannot be used twice and there should not be a break in the sequence.

• Manual count

Page 18: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

The Count

• Next day (9am(TBC) in Space 3 at Howden Park Centre (TBC)

• Candidates, election agents, counting agents and one guest per candidate are entitled to attend

• Limit to number of counting agents: two per candidate

Page 19: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

The Count Procedure

• Verification – counting ballot papers cast and turnout

• The quota – threshold winning candidate should reach

• Counting of votes for each candidate

• Exclusion of candidates – where no one reaches quota

• Transfer(s) of excluded candidates’ votes

Page 20: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

The Quota

• Candidate is elected if they reach the quota. • Quota calculated by:

total number of valid votes------------------------------------------------------ + 1

(number of members to be elected + 1)

• Fractions are ignored. e.g.

5,021 valid votes, 1 to elect quota = (5,021 / (1+1)) = 2510.5

ignore remainder +1 = 2511

Page 21: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Exclusion of Candidates

If no candidate reaches the quota

• The candidate with the lowest number of votes is excluded

• The ballot papers from the excluded candidate are allocated to the next available preference

• Transfer value for each ballot paper from excluded candidates will always be 1, as no parts of the votes cast for that candidate will have yet been used to elect a candidate.

Page 22: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Process

Count the first preferences for each candidate and adjudicate doubtful ballots

Has any candidate reached the Quota

Eliminate candidate with lowest vote

and redistribute to next available preferences

NoYesCandidate is elected

Page 23: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

STAGE 1 STAGE2 STAGE 3 STAGE 4

Candidate 1st Preference Exclusion of Johnson Exclusion of Burgess Exclusion of Mackay

Transferred from Stage 1

Stage 2 Totals

Transferred from Stage 2

Stage 3 Totals

Transferred from Stage 3

Stage 4 Totals

BURGESS, Ian 255 9 264 -264 - -

JOHNSON, Jenny 90 -90 - - - -

KING, Sarah 1620 27 1647 29 1676 198 1874 (elected)

MACKAY, Scott 756 30 786 82 868 -868 -

MCGUIRE, Andrew 1009 9 1018 56 1074 308 1382

Valid Votes 3730 -15 3715 -97 3618 -362 3256

Non Transferable 15 15 97 112 362 474

Total Ballot Papers 3730 3730 3730 3730

Quota 1866

Total Electorate 12315

Total Ballot Papers Returned 3776

Turnout 30.7%

Total Papers Rejected 46

Valid Votes Cast 3730

Number of Vacancies 1

Armadale and Blackridge By-Election 26 March 2015Result

Page 24: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Recounts

• Candidates or their election agents can request a recount

• But RO can refuse if he considers it unreasonable

• Closeness of result will not be regarded as justifying a recount

• Candidates and agents are asked to observe each stage closely and raise any concerns stage by stage

Page 25: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Candidates Spending

• Electoral Commission guidance

• Defined as certain expenditure ‘used for the purposes of the candidate’s election’ after the date they become a candidate

• Responsibility of election agent

• Spending limits - £705 + 6 pence per elector in ward on register in force on 1440.18

– reduced for joint candidates

• Must get and keep receipts (over £20)

Page 26: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Candidates Spending Returns

• Returns due 35 days after result of election

• Returns made public by Returning Officer

• Failure to submit a campaign spending return is an offence

• Successful candidate who fails to submit returns in time may not sit or vote in the council until return made

Page 27: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Contacts

• Elections Office

[email protected]

– 01506 282035

• Electoral Registration Office –

– 0131 344 2500

[email protected]

• Electoral Commission

– Scotland Office - 0131 225 0200

[email protected]

Page 28: West Lothian Council By-Election – 1 October 2015 Linlithgow Ward Candidates Briefing 25 August 2015

Any Questions

?