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Candidates and agents at the constituency election

This comprehensive guide covers information on qualifications, disqualifications, nomination process, and dual candidacy for the National Assembly for Wales election held on 5 May 2016. Learn about the election timetable, candidate spending, postal votes, polling day procedures, and more. Ensure you meet the necessary requirements to stand as a candidate and understand the roles of Constituency Returning Officers, Regional Returning Officers, and Electoral Registration Officers.

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Candidates and agents at the constituency election

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  1. Candidates and agents at the constituency election National Assembly for Wales election – 5 May 2016

  2. Topics • Who’s who • election timetable • qualifications • disqualifications • nominations • agents • postal votes • polling day • counting of votes • candidate spending • contacts

  3. Who’s who • The Constituency Returning Officer[insert name] is responsible for the constituency election and managing polling stations. • The Regional Returning Officer[insert name] is responsible for the regional election and the allocation of regional seats. • The Electoral Registration Officer(s) are responsible for maintaining the register of electors and lists of absent voters. • Contact details are provided later.

  4. Election timetable

  5. Election timetable (cont’d)

  6. Qualifications • To qualify as a candidate you must (on the day you are nominated and on polling day): • be at least 18 years of age • be a British citizen, an eligible Commonwealth citizen or a citizen of any other member state of the European Union

  7. Disqualifications • A person cannot be a candidate if, at the time of your nomination or your election: • you are a full-time member of the judiciary • you are a civil servant • you are a member of the armed forces • you are a member of the police force • you are a member of a legislature of any country or territory outside the Commonwealth (other than Ireland)

  8. Disqualifications • you are employed as a member of the staff of the Assembly • you hold an office that is mentioned in the National Assembly for Wales (Disqualification) Order 2015 • you are currently subject to a bankruptcy restrictions order or debt relief restrictions order made by a court in England, Wales or Northern Ireland, or your estate has been sequestrated by a court in Scotland and you have not been discharged • you are imprisoned for more than a year or have been found guilty of certain corrupt or illegal electoral practices

  9. Dual candidacy • You can be a candidate for both a constituency and a region, but the constituency must be within the region • You must stand for the same party in both contests, or be an independent in both contests • You cannot stand in more than one constituency or in more than one region

  10. Nominations • Nomination papers must be submitted to the Constituency Returning Officer by 4pm on 7 April 2016 • [insert details of when and where they can be delivered]

  11. Completing nomination papers • Take care when completing your nomination papers, as mistakes may invalidate your nomination. • Complete nomination papers early and arrange for us to provide an informal check • [Include details on any particular informal check arrangements].

  12. Submitting nomination papers • The nomination form may only be delivered by hand by: • yourself • your election agent • if you are standing as a party candidate, your party’s Nominating Officer (or someone appointed in writing on their behalf) • Anyone can deliver the other nomination papers, but it should be someone you trust • The consent to nomination must be delivered by hand, whereas the certificate of authorisation for party candidates may be posted

  13. The deposit • A candidate must deposit £500 with the CRO so that their nomination is valid. • Payment can be made using legal tender (cash) or a UK banker’s draft. • [The CRO may also accept a deposit made by building society cheque, a debit or credit card or an electronic funds transfer. If offered as a payment method, include details here.] • If the candidate obtains more than 5% of the valid votes cast, the deposit will be returned.

  14. Nomination form If you wish to stand as a constituency candidate, your form must contain: • your full name • your full home address • the signature of one subscriber (this can be your signature, or the signature of someone else)

  15. Nomination form You also have an option to include on the form: • if you are a party candidate • a registered party description (if authorised to use one) and a request for an emblem • if you are an independent • the description ‘Independent’ and/or ‘Annibynnol’ (or you may stand without a description) • any names you commonly use that are different from any forename(s) or surname that you have (and which you wish to appear on the ballot paper).

  16. Consent to nomination • All candidates must consent to their nomination. • On the consent to nomination form candidates must confirm that they are not disqualified from being a Member of the National Assembly for Wales and that they are not a candidate at the same election in any other constituency

  17. Consent to nomination • The consent must also contain: • your name and an address within the constituency, an adjoining constituency, or in a county or county borough which is partly comprised in or adjoins the constituency • the name, address and signature of a witness

  18. Descriptions you can use if you are standing for a political party • You can use either: • the exact party name as registered with the Commission (either the English version, Welsh version or both), or • one of the party’s descriptions as registered with the Commission (either the English version, Welsh version or both) • To use a party’s name you must have a certificate of authorisation signed by the party’s Nominating Officer (or someone appointed in writing to act on their behalf). • Must be submitted to the CRO by the same deadlines as the other nomination papers, i.e. by 4pm on 7 April 2016

  19. Joint descriptions • As a constituency candidate, you can stand for election for more than one party and use a joint description • You will need a certificate of authorisation from the Nominating Officers for each of the parties and they can allow the use of a joint description.

  20. Emblem requests by party candidates • One of the party’s official emblems can be included next to a party candidate’s name on the ballot paper • Request to be made by the Nominating Officer (or someone appointed in writing to act on their on their behalf) on the certificate of authorisation • If the party has more than one emblem, the request should state the description of the emblem to be used, as listed on the Commission's online register of political parties.

  21. Election agent • The election agent is the person responsible for the proper management of the campaign and in particular its financial management • All constituency candidates must have an election agent, but you can act as your own agent if you wish. • The appointment of the election agent must be declared to the CRO before 4pm on 7 April 2016.

  22. Other agents • Sub-agents The election agent may appoint sub-agents to act on their behalf in the constituency, as long as their areas do not overlap. The agent must give written notice to the CRO by 27 April 2016. • Polling and counting agents The CRO requires notice in writing of any people appointed as polling agents and any persons nominated to attend the counting of the votes by 27 April 2016.

  23. Other agents • Postal vote agents • The appointment of postal voting agents attending a particular opening session must be made before the start of the session. We will give 48 hours’ notice.

  24. Access to the electoral register / lists of absent voters • Candidates are entitled to a free copy of the full register and lists of absent voters on written request. • Make written request to the ERO – forms are available from [us / are included in your nomination pack]. • Only use data for permitted purposes!

  25. Registration • You are uniquely placed to encourage people to register to vote. • You should encourage people to register as soon as possible. • The deadline for applying for the election is 18 April 2016. • Individuals can register online at https://www.gov.uk/register-to-vote. It only takes a few minutes.

  26. Registration • When discussing registering to vote with individuals, you will need to make them aware that they will need: • their National Insurance number, • date of birth and address to register. • People who do not have or cannot find their National Insurance Number can still register, but they may need to provide further information. If so, they will be contacted by the ERO.

  27. Campaigning dos and don’ts • Do use imprints on all your campaign material, including websites. • Do comply with planning rules relating to advertising hoardings and large banners. • Do make sure outdoor posters are removed 2 weeks after the election. • 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).

  28. Code of conduct for campaigners • Campaigners are an essential element of a healthy democracy, but their activities should not bring into question the integrity of the electoral process. • Electoral registration and absent vote applications: • Ensure forms fully confirm to the requirements of electoral law • Include the EROs address for the return of forms • Ensure unaltered applications are sent to ERO within two working days. • Make sure electors understand implications of applying for an absent vote. • Do not encourage postal ballot pack redirection. • Do not encourage electors to appoint a campaigner as proxy.

  29. Code of conduct for campaigners • Postal ballot packs: • Never touch a postal ballot paper • Never observe electors completing their postal vote. • Never handle or take any completed ballot paper or postal ballot pack from voters • Campaigning outside polling stations: • You are allowed to put your messages to voters on polling day, including public spaces outside polling places • Keep access to polling places and the pavements around polling places clear to allow voters to enter.

  30. Polling day • Polling stations open from 7am to 10pm • Office open [x]am to [x]pm for queries or problems relating to the administration of the election • contact the Electoral Commission for any queries about a candidate’s campaign literature (contact details shown later) • Voters in the polling station or in a queue outside the polling station at 10 pm can apply for a ballot paper • Postal votes – can be handed into polling stations within the constituency or delivered to the elections office until 10pm. Aperson in a queue at a polling station at 10pm waiting to hand in postal vote can do so after 10pm.

  31. Counting of votes • [Insert local arrangements for the counting of National Assembly election votes] • Count centre will open to candidates, agents and spectators from [x] • The count will be held in: • [insert count location/address] • Make sure appointments for counting agents are submitted to the CRO by 27 April 2016.

  32. Spending issues

  33. Election spending • The time when spending and donation rules apply is called the ‘regulated period’. • This begins the day after you officially become a candidate, and ends on polling day, 5 May 2016. • The earliest date you can officially become a candidate is the date the National Assembly for Wales is dissolved, 6 April 2016. • You must keep within the spending limit during the regulated period. You must keep a record of your spending on items and services you use during the regulated period, and donations you receive towards that spending.

  34. Spending limit • In a borough constituency: £8,700 + 6p per registered elector • In a county constituency: £8,700 + 9p per registered elector • Different limits apply if you are a dual candidate standing in a constituency and on a regional party list • Comprehensive guidance is included in Part 3 of the Commission’s guidance for candidates and agents • No spending will be reimbursed

  35. Spending returns • Election agents must deliver a constituency candidate’s spending return to the CRO within 35 calendar days of the declaration of result of the election • Election agents and candidates must deliver declarations vouching for the candidate’s election spending return to the CRO • The election agent’s declaration must be delivered at the same time as the return. Generally all candidates’ declarations must be delivered within 7 working days of the election agent submitting the return.

  36. Integrity issues

  37. Police single point of contact (SPOC) • [Name and contact details of SPOC]

  38. Contacts

  39. Contacts • Elections office of the CRO – [insert] • Regional Returning Officer – [insert] • Electoral Registration Officer(s) – [insert] • Highways department – [insert] • Electoral Commission contacts • infowales@electoralcommission.org.uk • 0333 103 1929 

  40. Questions

  41. Thank you Please ensure you take a copy of your candidate pack with you

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