Local authority employees standing for election
Local authority employees may need to resign their position if they wish to stand for election. Resigning may apply where standing for election for:
- the county council
- any other principal local authority
- a Member of Parliament
- a Member of the European Parliament
This guidance is not legally definitive. The full range of disqualifications of candidates at local elections is complex, and some exceptions may also apply.
Candidates should consult the relevant legislation to ensure that none of the relevant disqualifications applies. If in doubt, they should seek their own legal advice.
Disqualification for election and holding office as a member of a local authority
There are several disqualifications for election and holding office as a member of a local authority. These are set out in Section 80 of the Local Government Act 1972.
Consent to nomination
If a person wishes to stand for election to any local authority, they need to be validly nominated. Being validly nominated includes the requirement to sign a 'consent to nomination'.
The nominated person must sign the 'consent to nomination' to declare that they are qualified to be elected. For more details, read rule 7 of the Local Elections (Principal Areas) (England and Wales) Rules 2006.
It is the view of the electoral commission that the person signing the declaration on the consent to a nomination must qualify:
- to be elected on the day of nomination and
- on the day of the election, not just on the day they take up office if successful
Therefore, a person who holds any paid office or is employed by the local authority cannot stand as a candidate at an election to that authority unless they have:
- resigned, and
- served any notice period before the date of nomination
Contractual relationships can be very complicated. If a candidate is in any doubt about their position, they should seek advice from HR.
Conclusion
The advice from the Electoral Commission included in this document is that a person would be disqualified from being elected if they hold any paid office or employment with us that would disqualify them standing as a candidate at the time of nomination