2023-24 Local Government By-Elections

[johnloony]

May 4, 2023 19:53:45 GMT iang said:

I understand that there was a council in the Midlands last year where a Lib Dem candidate died, possibly/ probably on polling day, but it wasn't discovered until later (people were alerted that something was wrong when she didn't come to the count I gather), and everyone from the RO downwards decided that she had "officially" passed away after the declaration

In that case, it would be likely that her death wasn’t discovered or confirmed until after the declaration, so (even if the R.O. was being pedantically precise) the law on countermanding an election wouldn’t need to be activated anyway.

[ricmk]

Sadly on the same theme, there will be a deferred election for Hilton on South Derbyshire, as one of the defending Conservative councillors died during the count.

www.derbytelegraph.co.uk/news/local-news/dedicated-conservative-candidate-dies-counting-8418553

[iain]

How ridiculous. Her death had no bearing on the result.

[peterl]

It really is ridiculous once the poll is over and the count is underway. The RO could have just asked for a death certificate, and by the time that was obtained the count would be over, and then a by election only needed if the deceased had been elected.

[Defenestrated Fipplebox]

The result hadn't been declared and it seems as if proof of death was right in front of the returning officer, don't think they had much option.

RIP.

[johnloony]

May 6, 2023 6:44:49 GMT Defenestrated Fipplebox said:

The result hadn't been declared and it seems as if proof of death was right in front of the returning officer, don't think they had much option.

RIP.

The option was for the R.O. to say that he’s not a medical expert and that it’s not his job to assume or ascertain death without evidence such as (insert whatever). Complete the count and declare the result as usual. If anyone is not happy with that, challenge them to launch a legal challenge that the election was conducted “not substantially according to law”, and see what happens.

[timmullen1]

May 6, 2023 8:01:06 GMT johnloony said:

May 6, 2023 6:44:49 GMT Defenestrated Fipplebox said:

The result hadn't been declared and it seems as if proof of death was right in front of the returning officer, don't think they had much option.

RIP.

The option was for the R.O. to say that he’s not a medical expert and that it’s not his job to assume or ascertain death without evidence such as (insert whatever). Complete the count and declare the result as usual. If anyone is not happy with that, challenge them to launch a legal challenge that the election was conducted “not substantially according to law”, and see what happens.

However if a qualified medical practitioner, including a senior paramedic, pronounced life extinct at the scene the non qualified RO is not in a position to ignore him/her and carry on regardless.

[ColinJ]

May 6, 2023 6:44:49 GMT Defenestrated Fipplebox said:

The result hadn't been declared and it seems as if proof of death was right in front of the returning officer, don't think they had much option.

RIP.

The BBC web site report said it was "unclear" if the deceased candidate was present at the count or not.

[johnloony]

May 6, 2023 8:33:30 GMT timmullen1 said:

May 6, 2023 8:01:06 GMT johnloony said:

The option was for the R.O. to say that he’s not a medical expert and that it’s not his job to assume or ascertain death without evidence such as (insert whatever). Complete the count and declare the result as usual. If anyone is not happy with that, challenge them to launch a legal challenge that the election was conducted “not substantially according to law”, and see what happens.

However if a qualified medical practitioner, including a senior paramedic, pronounced life extinct at the scene the non qualified RO is not in a position to ignore him/her and carry on regardless.

Yes he is. He has the capacity to apply common sense and to say that the count will continue because proof of death has not been received. He has the ability to apply common sense. Enoch Powell once said (in response to naysayers who claimed that things weren’t possible) that whatever is in the interests of the people is ALWAYS possible.

Whatever is in the best interests of ordinary psephologists is ALWAYS possible.

[carolus]

"The candidate is just pining for the fjords"

[timmullen1]

May 6, 2023 9:06:31 GMT ColinJ said:

May 6, 2023 6:44:49 GMT Defenestrated Fipplebox said:

The result hadn't been declared and it seems as if proof of death was right in front of the returning officer, don't think they had much option.

RIP.

The BBC web site report said it was "unclear" if the deceased candidate was present at the count or not.

Derby Telegraph has now updated its report to say she died at approximately 12.45pm, which obviously gives ample time to notify the RO; it happened in Stoke when an Independent candidate, Paul Breeze, went AWOL on election day and was found dead in his car at lunchtime after suffering a heart attack after delivering his election day GOTV leaflets. I think from memory it was 2015 because his son returned from Manchester to stand in the GE in Stoke South as his father had intended.

[carolus]

17 May:
Stroud, Painswick & Upton (2024). Jason Bullingham (Conservative) has ceased to be a councillor.

22 May:
Isles of Scilly, St Mary's (2025). Mike Nelhams (Independent) was disqualified for non-attendance.

25 May:
North Yorkshire, Eastfield (2026). Tony Randerson (Labour) has resigned.

1 June:
Camden, South Hampstead (2026). Will Prince (Labour) has resigned.

8 June:

Wiltshire, Tisbury (2025). Nick Errington (Liberal Democrat) has ceased to be a councillor.

13 June:

St Albans, St Peters (2024). Danny Clare (Liberal Democrat) has ceased to be a councillor.

15 June:
North Lanarkshire, Bellshill (2026). Jordan Linden (SNP) has resigned.

Known Vacancies:
East Sussex, Heathfield & Mayfield (2025). Rupert Simmons (Conservative) has died.
Kent, Maidstone Central (2025). Dan Daley (Liberal Democrat) has died.
Norfolk, West Depwade (2025). Barry Duffin (Conservative) has died.

Plymouth, Efford & Lipson (2024). Brian Vincent (Labour) has died.

Somerset, Castle Cary. Mike Lewis (Conservative) has died.

South Lanarkshire, East Kilbride West. Ali Salamati (SNP) has ceased to be a councillor.

Postponed Elections:

Bath & North East Somerset , Paulton (x2). Countermanded due to the death of Tim Morgan (Green).

South Derbyshire, Hilton (x3). Abandoned due to the death of Gillian Lemmon (Conservative).

Southampton, Coxford (x3). Abandoned due to the death of Graham Galton (Conservative).

Stockton-on-Tees, Hartburn (x2). Countermanded due to the death of Mike Elliot (Reform UK).
Sunderland, Hendon. Countermanded due to the death of Syed Ali (Conservative).

Surrey Heath, Frimley Green (x3). Countermanded due to the death of Karen Campion (Conservative).

West Devon, Burrator (x2). Countermanded due to the death of Neill Jameson (Green).

West Lancashire, Rural South (x3). Countermanded due to the death of Ian Davis (Our West Lancashire).
Wyre, Warren (x3). Countermanded due to the death of Brian Crawford (Independent).

[The Bishop]

May 6, 2023 9:13:05 GMT timmullen1 said:

May 6, 2023 9:06:31 GMT ColinJ said:

The BBC web site report said it was "unclear" if the deceased candidate was present at the count or not.

Derby Telegraph has now updated its report to say she died at approximately 12.45pm, which obviously gives ample time to notify the RO

So the original reporting of this was completely wrong? Now there's a shock.

But to answer the question posed already - no somebody dying *after the close of poll* should not result in an entire multi-member election being countermanded (though of course there should be the usual byelection if they were actually elected)

[timmullen1]

May 6, 2023 9:57:23 GMT The Bishop said:

May 6, 2023 9:13:05 GMT timmullen1 said:

Derby Telegraph has now updated its report to say she died at approximately 12.45pm, which obviously gives ample time to notify the RO

So the original reporting of this was completely wrong? Now there's a shock.

But to answer the question posed already - no somebody dying *after the close of poll* should not result in an entire multi-member election being countermanded (though of course there should be the usual byelection if they were actually elected)

What should happen and what the law states must happen are not necessarily either sensible or identical, but it appears clear that a RO has no choice if formally notified of a death prior to the declaration which seems almost certain in this case if she died over nine hours before close of poll, let alone count and declaration.

[andrewp]

May 6, 2023 11:48:17 GMT timmullen1 said:

May 6, 2023 9:57:23 GMT The Bishop said:

So the original reporting of this was completely wrong? Now there's a shock.

But to answer the question posed already - no somebody dying *after the close of poll* should not result in an entire multi-member election being countermanded (though of course there should be the usual byelection if they were actually elected)

What should happen and what the law states must happen are not necessarily either sensible or identical, but it appears clear that a RO has no choice if formally notified of a death prior to the declaration which seems almost certain in this case if she died over nine hours before close of poll, let alone count and declaration.

Presumably the RO wasn’t informed before 10pm otherwise he would have/ should have abandoned poll as per the other case.
For my money, I don’t think a multi member ward should be nullified. It’s not fair on whoever else has been elected. Count the votes, and if she was elected then hold a single seat BE.

We seem to have all sorts of unusual occurrences this year!

[timmullen1]

May 6, 2023 11:52:41 GMT andrewp said:

May 6, 2023 11:48:17 GMT timmullen1 said:

What should happen and what the law states must happen are not necessarily either sensible or identical, but it appears clear that a RO has no choice if formally notified of a death prior to the declaration which seems almost certain in this case if she died over nine hours before close of poll, let alone count and declaration.

Presumably the RO wasn’t informed before 10pm otherwise he would have/ should have abandoned poll as per the other case.
For my money, I don’t think a multi member ward should be nullified. It’s not fair on whoever else has been elected. Count the votes, and if she was elected then hold a single seat BE.

We seem to have all sorts of unusual occurrences this year!

I don’t get what’s so difficult, the rules don’t appear to say anything about before close of poll, they say before declaration of result, which obviously there hadn’t been. Whether or not the rule is stupid is irrelevant to the RO, and one presumes he had no choice but to suspend the whole process as nobody, apart from people on here, are suggesting he acted in any way incorrectly. Rebecca Long Bailey and the Mayor of Salford have started a campaign for another change electoral law, perhaps you can find support to piggyback your method on to their campaign.

[The Bishop]

I think the point we are making is that the law as it stands is a bit silly in this respect and should be altered accordingly.

What change exactly is RLB asking for?

[timmullen1]

May 6, 2023 12:47:00 GMT The Bishop said:

I think the point we are making is that the law as it stands is a bit silly in this respect and should be altered accordingly.

What change exactly is RLB asking for?

They’ve had a Lib Dem elected in Salford and The Cotswolds (where she says he was LD campaign coordinator) and he’s already announced he’ll be resigning his Salford seat and staying in The Cotswolds, so she and the Mayor want a tightening of the qualification rules, and preferably a ban on standing in more than one place at once. I know who Tweeted the copy of her letter, I’ll try and post it here.

[The Bishop]

Well yes, even if legally watertight that is a bit of a rum business.

[maxque]

There will be a by-election in Wyboston, Bedford, as the Con councillor Tom Wootton has been elected Mayor.