This month’s local elections saw a political earthquake across the country as Reform UK surpassed expectations and took hundreds of seats up and down the land.
But while May 1 was a good night for the party, there were two high-profile resignations in the past week, just days after the election was held. Andrew Kilburn resigned from Durham County Council’s Benfieldside seat after failing to declare his employment with the council.
The council has also said there are a “small number” of councillors who also will be unable to take their seats because they are council employees. It means by-elections will need to be held in those wards, unless the employees resign from their employment in order to continue to be a councillor.
Reform has said it is ‘looking forward’ to contesting the by-election in Benfieldside to give residents a “strong voice in Durham County Council”. Elsewhere, Desmond Clarke resigned from Nottinghamshire County Council a matter of days after being elected, citing “significant changes” to his personal circumstances.
Requirements to be councillor
The Local Government Association has published guidance on its website that explains who can and can’t be a councillor. It states that in order to be a councillor, a member of the public needs to be at least 18-years-old and be a citizen of Britain or the Commonwealth.
In addition, the prospective candidate must be registered to vote in the area they are hoping to represent, or have lived, worked, or owned property there for at least 12 months before an election.
The LGA adds that you cannot take up a role as councillor if you:
- Work for the council you want to be a councillor for, you can work for another local authority as long as you are not in a politically restricted post.
- Are the subject of a bankruptcy restrictions order or interim order.
- Have been sentenced to prison for three months or more (including suspended sentences) during the five years before election day.
- Have been convicted of a corrupt or illegal practice by an election court.
- Are subject to any relevant notification requirements, or a relevant order, in respect of a sexual offence.
According to the Electoral Commission, by-elections can also be called if an elected candidate does not sign the declaration of acceptance of office. Before signing this, a person may not act as a councillor – including attending and voting at meetings.
The commission adds that the declaration must be made within two months of the day of the election. If this deadline is not met, the seat is declared vacant and a by-election will be held. The cost of holding a by-election is paid by the council in question.
Paper Candidates
Major parties often put forward so-called paper candidates at elections. These candidates are generally not expected to win, and in some cases do not want to. In 2015, The Herald in Scotland reported that some new SNP candidates almost quit in the wake of the election after being surprised to be elected.
Paper candidates are put forward so that supporters are able to have an opportunity to vote for their preferred party, as well as maximising the total vote for the party across all polls and ensuring all seats are contested.
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