Fairfield By-Election 2024 Guidance for candidates and agents

Notice has been given that a casual vacancy exists in the office of Borough Councillor for the Fairfield Ward. A by-election will take place on Thursday 19 September 2024. Here lies information on the election for candidates and agents.

Submission of nomination papers

When a candidate is validly nominated, they will receive a letter confirming their nomination, which must be retained by the candidate or agent. It is the candidate's responsibility to ensure that forms of nomination are delivered in time.

Nomination forms should be checked carefully for mistakes. Mistakes may invalidate the nomination. Please complete your nomination papers as early as you can. Arrangements can then be made through the Elections Office to provide an informal check of the nomination papers.

There are no restrictions on who can deliver the nomination papers. They should, however, be delivered by someone who is trusted, and it is your responsibility to ensure that they are delivered in time. The Returning Officer will send you a letter once your nomination is valid, which must be retained by the candidate or agent.

It is an offence knowingly to make a false statement on any of the nomination papers. Alleged offences will be referred to the Police if complaints are received by the Returning Officer.

Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR)

You are responsible for looking after the personal data of the people who support your nomination. You are the data controller for this information and when collecting subscriber information, you should point out what the information will be used for, how personal data will be processed and how it will be kept secure.

You should make it clear to the people who agree to support your nomination, that their names and addresses will form part of the public record. By law their details must be published and made available. The lawful basis to collect the information in this form is set out in Representation of the People Act 1983 and associated regulations and GDPR Article 6 (1) (e) Processing is necessary for the performance of a task carried out in the public interest and exercise of official authority. If individuals do not agree to this then they should not support the nomination.

You should also explain that the information will be shared with the Returning Officer. For further information on data protection and data processing you should refer to the Returning Officer's privacy notice on our website.

Contact Details 

Returning Officer: returning.officer@stockton.gov.uk - for election enquiries relating to how to stand in the election.

Electoral Helpline: 01642 526196 or electoral@stockton.gov.uk for information on how to register for a postal vote or proxy vote or to enquire about polling station locations.
 

Electoral Enquiries

Enquiries relating to how to apply for a postal vote or proxy vote or for a Voter Authority Certificate or to enquire about polling station locations or any matter relating to the elections please contact the core electoral services team. The direct line for these enquiries is 01642 526196.

Enquiries from Prospective Candidates

If your enquiry relates to Community Ward matter, please email FOIandcomplaint@stockton.gov.uk. The matter will be looked into by the Information Governance Team and referred to the relevant current Ward Councillor who would take any appropriate action.

Other enquires or requests for service will be managed as part of existing Stockton on Tees Borough Council Customer Feedback and Complaints Policy and procedures.

Prospective candidates and existing ward Councillors should support constituents to self-serve in reporting matters directly in the following ways as this delivers the quickest result/ fix.

Stockton residents can submit service requests and access many Council services by creating a 'My Council Account' that is personalised to them?  With an account you can: 

• view personalised content across the site 
• check your next bin collection date 
• view your Ward Councillors 
• view any service requests made with us and in some cases track their progress 
• view any bookings you have made with us 

To create an account, visit the My Council page.

Voter ID

The Elections Act 2022 introduced the requirement for electors to identify themselves by showing an accepted form of photographic ID before being issued with a ballot paper.

Accepted photographic ID include:

• a passport issued by the UK, any of the Channel Islands, the Isle of Man, a British Overseas Territory, an EEA state, or a Commonwealth country
• a driving licence issued by the UK, any of the Channel Islands, the Isle of Man, or an EEA state
• a biometric immigration document
• an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card)
• a Ministry of Defence Form 90 (Defence Identity Card)
• a Blue Badge
• a national identity card issued by an EEA state
• an Older Person's Bus Pass
• a Disabled Person's Bus Pass
• an Oyster 60+ Card
• a Freedom Pass
• a Scottish National Entitlement Card issued in Scotland
• a 60 and Over Welsh Concessionary Travel Card issued in Wales
• a Disabled Person's Welsh Concessionary Travel Card issued in Wales
• a Senior SmartPass issued in Northern Ireland
• a Registered Blind SmartPass or Blind Person's SmartPass issued in Northern Ireland
• a War Disablement SmartPass issued in Northern Ireland
• a 60+ SmartPass issued in Northern Ireland
• a Half Fare SmartPass issued in Northern Ireland
• an Electoral Identity Card issued in Northern Ireland

Expired photo identification will be accepted so long as the photo remains a good enough likeness to be able to identify the elector.

Find out more on the Electoral Commission website.

Voter Authority Certificates

The Council will provide a Voter Authority Certificate free to eligible electors who apply for one. Electors who do not have acceptable photo ID will be able to use this in the polling station to vote. Electors are able to apply for a Voter Authority Certificate on the Gov.uk website, in writing, or in person at the Council Offices.

The statutory deadline to apply for a Voter Authority Certificate for these local elections will be 5pm on Wednesday 11 September 2024.

Temporary Voter Authority Certificates

After this deadline, the RO also has the ability to issue temporary certificates locally for a specific election if he is satisfied that the issued permanent Voter Authority Certificate may not be delivered in time. Temporary certificates will be made available for collection in person from the Council Offices.

Emergency proxy relating to voter ID

Where an elector's photographic identification (including previously issued Voter Authority Certificates) has been lost, stolen, destroyed or damaged beyond use after the application deadline, the Electoral Registration Officer will be able to allow the appointment of an emergency proxy up until 5pm on polling day.

Canvassing

Firstly, in relation to political party canvassing and delivery of political leaflets in concierge controlled flats, the agreed position is that access for such activities will be denied unless individual tenants are expecting a visit.

There is no general ban on political parties' canvassing in Stockton High Street or any other public place, which would include political parties using their own stalls (as opposed to the Council's stalls) for such purposes. There is however guidance on structures on the high street available from the Town Centre Markets and Cleansing Manager to whom an application is required before any structures are permitted.

When canvassing or campaigning in this way, care should however be taken to avoid causing any obstruction or potentially committing any public order or similar offences.

The Council has also adopted (in 1982) byelaws for the Good Rule and Governance of the Borough which provide that "no person shall in any street, or public place for the purpose of selling or advertising any article or obtaining custom, tout or importune to the annoyance or obstruction of passengers".

Whilst this is not intended to prohibit political campaigning, such as handing out leaflets, or verbally encouraging people to vote (whether for a specific party or generally), it would probably preclude activities designed to encourage people to sign up as members of a political party, especially if a fee or donation was involved. "Annoyance or obstruction of passengers" would also be a required element of any alleged breach of the byelaw.

Candidates or political parties wishing to use Stockton High Street or any of the other Town Centres controlled by the Council in this way, will need to contact Richard Beddard (Markets and Town Centre Manager) in advance. The contact telephone number is 01642 527745 and the email address is richard.beddard@stockton.gov.uk.

Political Advertising

Any complaints about election advertisements are to be directed to the Customer Services Team. The Assistant Director for Community Services and Transport (Craig Willows) will adopt the following procedure:

• if there is no doubt that election advertisements have been placed on council owned street furniture, property, land they will be removed and stored at Cowpen Depot Cowpen Lane Billingham TS23 4DD and will be made available for collection by the parties concerned
• if it is not immediately clear that the election advertisements have been placed on council owned street furniture, property, land checks will be made. If it proves to be the case that election advertisements are on council owned street furniture, property, land then the relevant agent will be contacted and given 24 hours to remove material or the Council will arrange to do so in default. Any material removed by the Council will be stored at Cowpen Depot Cowpen Lane Billingham TS23 4DD and will be made available for collection by the parties concerned

In both of the above scenarios, the relevant agent will be informed of the removal and advised that advertisements / material is available for collection.

Should candidates or agents be unsure whether or not the street furniture/property/land is Council owned prior to placing advertisements then they can contact Craig Willows on 01642 527179 or Steve Bowerbank on 01642 527743 for clarification and guidance.

Electoral Commission Guidance

The Electoral Commission has produced a code of conduct for campaigners which sets out a summary of the law and offers advice about how these individuals should conduct themselves during an election or referendum campaign. 

Please bear this in mind if you are campaigning for yourself or others, and please bring it to the attention of those who campaign for you.

In addition, the Electoral Commission has full guidance on its website which includes information on spending limits is available for candidates and agents.

Advice regarding electoral imprints can also found on the relevant Electoral Commission web page.

Spending limits are set out in part 3 of the guidance. The spending and donation rules apply during the 'regulated period' which begins on the day after the date you officially become a candidate and ends on polling day, 19 September 2024. The earliest date you can officially become a candidate is the last date for publication of the notice of election (14 August 2024).

You will become a candidate on this date if you or others have already announced your intention to stand. For example, your party may have issued a press release when you were selected, or you might have mentioned your intention at a residents' meeting.

If your intention to stand has not been announced by 14 August 2024, you will officially become a candidate on the earlier of:

• the date your intention to stand is announced
• the date when you submit your nomination papers

The spending limit for the regulated period £960, plus 8p per local government elector in the ward registered to vote on the last day for publication of the notice of election. The total is reduced for joint candidature. You are a joint candidate if you stand in the same ward and:

• have the same election agent, or
• use the same campaign rooms, or
• publish joint material

The electorate for the Fairfield Ward will be available on the Council's election page.

All candidates both successful and unsuccessful are required to make a Return of Election Expenses (even a nil return). An election agent will also need to complete a declaration confirming that the return is complete and correct by this date and the candidate must submit a declaration within seven days of the return being submitted.

The deadline for submitting the return is Thursday 24 October 2024.

Full Copy of the Register of Electors

Candidates, local constituency parties and registered political Parties are entitled to receive a full copy of the Register of Electors on request and free of charge. Such requests must be made in writing (which can include email) and must:

• specify the document that is required
• state whether the request is made for current documents only or whether it includes a request for the supply of any subsequent documents, such as notices of alteration
• state whether a printed copy of any of the documents is requested instead of the version in data form

A person who qualifies to receive the register as a candidate at an election may make an application for the full register and the register updates for the area they are contesting, including updates to the register on:

• 22 August
• 4 September
• 12 September

This entitlement only applies while they are a candidate. Once the election is over, they are not allowed to have subsequent registers or updates. Copies of the register supplied may only be used for electoral purposes. Once the purpose for which the register has been supplied has expired, the register should be securely destroyed.

Electoral Services will also supply, on written request, electorate totals for a particular electoral area to the eligible recipients set out above.

Absent voting records and lists

Candidates, registered political parties and local constituency parties may request, free of charge, a copy of:

• The current version of the absent voting record which would, in the event of a particular election being called, be included in the absent voting lists to be used at that election
• The current or final version of the absent voting lists for a particular election

There are no restrictions on the number of times that an eligible person may apply for copies of the documents. The information provided may only be used for electoral purposes. Once the purpose for which the register has been supplied has expired, the register should be securely destroyed.

Electoral Services will also supply, on written request, absent vote totals for a particular electoral area to the eligible recipients set out above.

Street Lists

Legislation does not give any entitlement to street lists from the Electoral Register. However, this information can be obtained from high street retailers and online.

Postal Vote Handling

Political campaigners are banned from handling postal votes, except where the postal vote is their own, that of a close family member, or someone they provide regular care for.

A political campaigner is defined in legislation as:

1. a candidate at the election
2. an election agent of a candidate at the election
3. a sub-agent of an election agent at the election
4. employed or engaged for the purposes of that person's activities as a candidate
5. a member of a registered political party and carries on an activity designed to promote a particular outcome at the election
6. employed or engaged by a registered political party in connection with the party's political activities
7. employed or engaged by a person within points (1) to (6) to carry on an activity designed to promote a particular outcome at the election
8. employed or engaged by a person within point (7) to carry on an activity designed to promote a particular outcome at the election

If found guilty of handling postal votes as a campaigner, a person could face a fine and/or imprisonment up to two years.

A person will not be permitted to hand in more than five postal ballot packs for other electors plus their own. This applies to postal ballot packs handed in at a polling station or at Council Offices. If a person hands in more than five postal ballot packs for other electors, all the postal votes (other than their own) will be rejected. If there is reason to suspect that a person has already handed in the maximum number of postal votes on any previous occasion at the election, any subsequent postal votes handed in will be rejected.

Anyone handing in postal votes will need to complete a 'return of postal voting documents' form. If the form is not completed, the postal vote(s) will be rejected. Postal votes will be rejected if they are posted through the Council's letterbox or "left behind" at a polling station or to an authorised officer at the Council Office (Municipal Buildings, Church Road, Stockton-on-Tees).

The secrecy requirements which apply at a polling station are being extended to postal and proxy votes. It will be an offence to try to find out how someone has voted when completing their postal vote, or to communicate how a postal or proxy voter has voted. Anyone found guilty of breaching the secrecy requirements could face a fine or imprisonment up to six months.

Registration and Absent Voting

The deadline for registration for these elections is midnight on Tuesday 3 September 2024.

Applications to register can be made on the Gov.uk website or by calling the electoral helpline on 01642 526196.

Applications for postal votes, and for amendments or cancellations of existing postal and proxy votes must reach the Electoral Registration Officer by no later than 5pm Wednesday 4 September 2024.

Applications to vote by proxy at this election must reach the Electoral Registration Officer by 5pm on Wednesday 11 September 2024.

If after 5pm on Wednesday 11 September, an elector is unable to vote in person, due to a medical emergency, work reasons, photo ID being lost, stolen, damaged or destroyed or not being received if applied for recently, they can appoint an emergency proxy. Applications must reach the Electoral Registration Officer by no later than 5pm on Thursday 19 September 2024.

Electors can also apply to vote by post or proxy. You can find out more about the ways to vote on the Council's website.

or call the electoral helpline on 01642 526196.

Issue of Postal Votes

Postal voting packs will be released to Royal Mail on 6 September 2024.

Replacement of spoilt postal ballot papers

An elector may apply for a replacement if they have spoilt either their ballot paper or their postal voting statement. Applications for a replacement must be made to the Returning Officer at the Council Offices before 5pm on polling day.

All documents must be returned to the Returning Officer regardless of whether or not these have been spoilt including the return envelope 'B' and the ballot paper envelope 'A'. A new postal ballot pack (ballot paper, postal voting statement and relevant envelopes) can then be issued to the elector.

Replacement of lost ballot papers

An elector may apply for a replacement if they have lost their ballot papers. The first day to issue replacements for lost ballot papers is Friday 13 September. Applications for a replacement must be made to the Returning Officer at the Council Offices before 5pm on polling day.

The description 'lost' includes the situation where the voter has lost the ballot paper, in addition to the situation where the voter claims not to have received their postal ballot pack.

In the case where an elector has lost any part of their postal ballot pack, they must return the remaining parts to the Returning Officer when applying for a replacement.

In either case the Returning Officer must be satisfied as to the postal voter's identity and have no reason to doubt that either they have lost or did not receive the original postal ballot pack. Electors will have to attend the council offices in person and provide identification. The recommended approach is one proof of identity with a photograph e.g. passport, driving licence, bus pass, student card or two proofs of identity without a photograph for example council tax bill, allowance/benefits/pension book.

It is common practice for voters to contact the elections office by telephone to enquire about a replacement ballot pack if their postal vote has failed to arrive. Electoral Services will advise about the procedure and what proof of identity the elector will need to produce before a replacement postal ballot pack can be issued.

Postal Vote Opening Sessions

Candidates and Agents are entitled to attend the opening of postal votes in addition to postal voting agents. Postal Voting Agents can be appointed up to the start of each opening session.

Postal Vote Opening Sessions are scheduled to take place in Municipal Buildings, Church Road, Stockton on Tees on:

• 18 September - 9.30am
• 19 September - 9.30am
• 19 September - 8pm

In addition, at the close of poll at 10pm the Returning Officer will make arrangements for a team of staff to open the final postal votes that have been handed in at the polling stations. The final opening session will take place at 10pm.

Polling and Counting Agents

The deadline for appointing Polling Agents and Counting Agents is midnight on Thursday 12 September.

The total number that may attend at any particular polling station is four or such greater number that the Returning Officer decides. If all the candidates together appoint more than the maximum number of polling agents who can attend any polling station, the Returning Office will decide which polling agents may attend by drawing lots. Only one polling agent for each candidate may be admitted to a polling station at any particular time.

A polling agent can be appointed to a particular polling station or stations, or to all polling stations. The same polling agents may be appointed to attend more than one polling station.

At the count, the number of counting agents allowed for each candidate will not be less than the number obtained by dividing the number of counting assistants (i.e. those staff employed on the counting) by the number of candidates.

The number of counting agents permitted will be advised after 22 August and available on the Council's website.

Counting Agents are in addition to the Candidate, election agent and one guest per candidate who may attend the count.

Verification and Count

Verification and count will take place from 10pm on Thursday 19 September at Jim Cooke Conference Suite, Stockton Central Library, Church Road, Stockton on Tees.

Admission to the verification and count will be by way of an admission letter sent directly to candidates, election agents and counting agents. Security staff will be checking admission letters at the entrance to the count venue. You are also advised to bring ID with you to the count venue, preferably photo ID.Please ensure the Notice of Appointment of Counting Agents gives an appropriate postal address. Security staff will be checking admission letters at the entrance to the count venue.

Parking will be available at the rear of the Municipal Buildings.

The Returning Officer has a duty to give the Counting Agents reasonable facilities for overseeing the proceedings, and information with regard to the count.

All persons attending the count must be made aware of the secrecy provisions.

Candidates, agents and counting agents will be given admittance to the Count Venue from 9.30pm.

Please remember:

• read the secrecy requirements carefully
• order and quiet are to be maintained throughout the count
• a Candidate, Election Agent, or Counting Agent shall not touch or handle any ballot paper; your role is to oversee proceedings
• no food or drink is to be placed on any of the tables
• the Count Venue is a no smoking building and smoking in any part of the venue is not allowed
• no alcohol is allowed
• flash cameras should not be used, and any recording or photographs should not break the secrecy rules
• mobiles and other electronic communications devices should be turned to silent please
• all areas are accessible to disabled visitors and guide dogs are permitted
• there are no planned alarms or drills, if there should be an alarm, please leave the building by the exit nearest you