Becoming a councillor FAQ

What qualifications do I need to become a councillor?

To become a candidate for a local authority you must satisfy the following qualifications:

be at least 18 years old on both the day of nomination and election day and,
be a British citizen, or a citizen of the Irish republic, the Commonwealth or another member state of the European Union.

A person must also meet at least one of the following four qualifications:

They are a registered local government elector both on the day they are nominated and election day, OR
They have occupied as owner or tenant, any land or premises in the local authority area during the whole of the 12 months before the day they are nominated and election day, OR
They have had their principal or only place of work in the local authority area during the whole of the 12 months before the day they are nominated and election day, OR
They have lived in the local authority area during the whole of the 12 months before the day they are nominated and election day.

Is there anything that could disqualify me from becoming a councillor?

A person is disqualified from acting as a Candidate under the Local Government Act 1972 if he or she:

Is employed by or holds a paid office under that local authority (including joint boards or committees), OR
Has been adjudged bankrupt, or has made a composition or arrangement with creditors, OR
Has been sentenced to a term of imprisonment of 3 months or more (including a suspended sentence) without the option of a fine, during the five years before the day of the election, OR
Has been disqualified under Part lll of the Representation of the People Act 1983 or under the Audit Commission Act 1998.

A person may also be disqualified from election if he or she has been convicted or reported guilty of a corrupt or illegal practice by an election court.

Additionally, the Local Government Housing Act 1989 defines a number of politically restricted posts under a local authority, holders of which are disqualified from election to and membership of a local authority.

What is the nomination process?

Persons wishing to become candidates are either nominated by their registered political party or can act independently of any registered political party.

Candidates are required to collect Nomination Papers from the Electoral Registration Office, Darwall St, Walsall,. They can have as many copies of the nomination form and the forms of consent to nomination as they need.

A candidates guide is also supplied with the nomination papers and it is Walsall’s practice that the two must be supplied together.

The nomination paper must contain:

the candidate's full name
home address in full and, if he or she is standing as the candidate of a registered political party
a description of not more than six words.

The details on the nomination paper will be reproduced on the statement of persons nominated and, ultimately, the ballot paper.

A candidate's nomination paper must be signed by two electors from the ward in which he or she is standing as proposer and seconder (subscribers) .

Eight other electors from the ward must also sign the nomination paper (assenters) .All must be registered and eligible to vote at the election within the division for which the nomination is submitted.

Candidates must ensure that all completed nomination papers are delivered within the date specified in the Election Timetable.

What is consent to nomination?

The candidate must also formally give his or her consent to nomination in writing in order for their nomination to be valid Consent must be given within one calendar month before the last day for delivery of nomination papers.

The form of consent must set out the grounds on which the candidate is qualified to stand, and candidates are advised to complete as many of the alternative qualifications as apply. The form also includes a declaration by the candidate that he or she is not disqualified from standing.

The candidate must also sign the form and give their full name and address.

What is the certificate of authorisation?

As noted above, candidates wishing to use a description on the ballot paper which would associate them with a registered political party must also supply a certificate of authorisation, issued by or on behalf of the registered nominating officer of the party.

The certificate of authorisation must be signed by the registered nominating officer or, where issued on behalf of the nominating officer, some evidence of the authority to act.

How do I request to use a party emblem?

Candidates who are authorised to use a description associating them with a registered political party can also include the party emblem on the ballot paper next to their name.

A request to use a registered party's emblem must state the name of the political party and a description of the emblem to be used. Candidates are not entitled to use any variation on a registered emblem. The request must be made in writing by the candidate, and must be delivered to the Returning Officer together with the other nomination papers as indicated in the election timetable for delivery of nomination papers.

It is a serious offence to include false information relating to the name or address of a candidate in nomination papers, or to falsify the signature of an elector. A person who is found guilty of this offence may be sentenced to imprisonment for up to a year or face an unlimited fine. If a candidate or agent is found guilty of making a false statement in a nomination paper the election may be invalidated.

How do I withdraw from the election?

A validly nominated candidate can withdraw from the election if a written notice is delivered to the Returning Officer before the date specified in the election Timetable. The notice must be signed by the candidate and witnessed by one other person.

If a candidate is validly nominated for more than one ward or division within the same local authority area he or she must withdraw from all but one, or otherwise is deemed to have withdrawn from all wards.

A form is available for this although it is not mandatory.

What is the term of office?

The term of office is 4 years.

Is an election deposit required?

A deposit is not needed for local government elections.

For candidates to the European Parliamentary elections, a deposit of £5,000 is to be paid, at the place and during the time for delivery of nomination papers, in order to be validly nominated.

The deposit for a parliamentary election is £500

Deposits not forfeit are returned (eg posted) not later than the next day after the result of the election is declared. It is returned to the person who made the deposit.

For the European Parliamentary election, the deposit (for a political party or individual) is forfeited if they do not receive more than 1/40 th of the total number of valid votes.

For a parliamentary election, the deposit (for a political party or individual) is forfeited if they do not receive more than 1/20 th of the total number of valid votes.

What is the role of the election agent?

Candidates have to appoint an election agent (they can only appoint one election agent) to act on their behalf (if no appointment is made by the required deadline, then the candidate is deemed to have appointed themselves) for parliamentary, local government and European parliamentary elections (individuals only). Note that certain persons cannot act or be appointed as election agents (seek advice on this).

The agent may act for more than one candidate at a local government election.

Election agents receive all electoral correspondence and notices from the Council, are entitled to attend the issue/opening of postal votes, polling stations and the verification and the counting of votes.

The Agent is responsible for all acts involved in carrying out the election on behalf of the candidate and has a duty to ensure that the campaign is conducted according to the law. In particular, they are responsible for the financial management of the candidate’s election and must make an expenses return to the local authority within the specified period .

If the Agent fails in his/her responsibilities, the election could in some cases be declared void.

The Agent may also undertake any of the duties, which a polling or counting agent is authorized to do (ie, a candidate may wish to only appoint one person, their election agent, to perform all the duties of the various appointment they could make).

From a party political view, the election agent would undoubtedly have many other duties. The name and address of the Agent must be notified to the Returning Officer by the relevant date.

What is the role of the polling agent?

Polling Agents are people appointed by the candidate to attend the polling station, although there is no requirement to appoint one. Polling agents do not need to be an elector for the area of the election the polling stations are located in. The agent may act for more than one candidate at a local government election. No official appointed by the (Acting) Returning Officer at the election may act as a polling agent. A candidate may act as a polling agent.

A polling agent’s duties can be summarized as follows:

To observe the presiding officer showing the empty ballot box prior to sealing;
To watch out for things like personation (someone trying to vote in another’s name) or persons attempting to vote twice;
To mark off their copy of the register of electors those voters who have applied for ballot papers (a copy of the register is NOT supplied by the returning Officer for this purpose. A copy can be purchased);
Generally to ascertain the number of voters throughout the day and gauge "how the election is going";
To report to their election agent/candidate any improper occurrences and retain notes for use as evidence in court, if required;
To be present at the close of the poll when various packages are sealed. The polling agent may attach his or her own seal to any packages, including the ballot box.

Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same candidate. There is no limit to the number of polling agents who may be appointed at parliamentary or European parliamentary elections. At local government elections however, not more than four may attend a particular polling station, unless the Returning Officer permits a higher number.

Names and addresses must be submitted to the Returning Officer by the date shown in the timetable.

What is the role of the counting agents?

Counting agents are people appointed by the candidate, or his / her election agent, to attend the counting process. The actual number that may be appointed will be notified after nominations close.

Note, that there is no requirement to appoint a counting agent.

Counting agents do not need to be an elector for the area of the election.

The agent may act for more than one candidate at a local government election.

No official appointed by the (Acting) Returning Officer at the election may act as a counting agent.

A candidate may act as a counting agent.

At European parliamentary elections, the counting agent may attend both the verification and counting of the votes.

A counting agent’s duties can be summarized as follows;

To maintain and aid in maintaining the secrecy requirements;
To be present at all stages of the count;
To oversee the counting process and see it is undertaken in an orderly, accurate and correct manner;
To draw to the attention of the counting assistants any bad or doubtful ballot papers and to defend every ballot paper given for their candidate to which objection is taken (however, agents are not permitted to handle ballot papers unless authorise by the (Acting) Returning Officer);
To require the (Acting) Returning Officer to mark on a rejected ballot paper the words "rejection objected to" if they so object.
At the close of the count they are entitled to add their seal to sealed packages.

Names and addresses must be submitted to the Returning Officer by the date shown in the timetable.

What is the role of the tellers?

Tellers have no legal status and are not amongst the categories of people permitted to enter a polling station.

It is a well-established practice for candidates, or their agents, to appoint "tellers" positioned outside polling stations to record the names of electors who have voted, usually by asking for their poll card or electoral number. This is for the purpose of assisting party workers to identify potential supporters who have yet to vote.

Tellers cannot enter the polling station, unless it is to cast their own vote or exercise a proxy vote or accompany a voter with disabilities, if requested to do so by that voter.

Tellers should not hand out election material, or attempt to influence the way someone should vote. They should not ask any voter who they voted for or how they intend to vote.

Voters should not be approached for their card or electoral number unless they have left the polling station, nor should they be asked to re-enter the station to confirm their electoral number.

It should be impressed upon the tellers that voters are not required to consent to requests for information and should not be pressed if they refuse to answer. Nor should the impression be given that the information is required for official purposes.

Tellers can wear party rosettes, badges or stickers to distinguish their party. They may display the name of the candidate and/or political party but must not bear a slogan.

Who can attend the counting of votes?

Candidates are entitled to attend, without giving notice, the count and opening of postal ballot papers, together with their spouses and election agent (if any) and any appointed counting agents.

Can I claim election expenses?

The limits on election expenses are calculated prior to each election and will be published nearer the time.

For parliamentary and local government elections, details of election expenses must be submitted to the Returning Officer (or for local government, the proper officer) within 35 days after the election result is declared. For parliamentary and local government elections, the election agent (not the candidate, unless they are their own election agent) must make the return.

Election expenses returns are available for public inspection.

If elected when do I take up office?

Candidates who are elected at a local government electioncome into office on the day on which their predecessors retire, being the fourth day after the ordinary day of election.

What is the commitment in terms of time?

The average councillor devotes many hours each month attending to council duties; much of this time is accounted for by attending, preparing for and travelling to and from official meetings of the Council, its committees, and boards, etc, and for attending meetings locally.

What allowances are paid to councillors?

For full details, see part 6 of Council’s Constitution.

The following is a basic summary;

Each councillor receives a basic allowance of £10,000 pa as from 1 April 2007. This allowance includes the cost of telephones and travel and subsistence in the borough of Walsall.

Those members who have special responsibilities receive a Special Responsibility Allowance (see following table)

Special responsibility payable to
Leader of council	£20,000
Deputy leader & cabinet members	£8,000
Other group leaders	£8,000
Carers allowance	£1,100
Regulatory committee chairs
Audit committee	£5,000
Development control committee	£7,500
Employment appeals	£5,000
LEA governor appointments	£5,000
Licensing and safety	£5,000
Taxi licensing (sub)	£7,500
Scrutiny committee chair	£8,000

Mileage allowance is also paid for official trips outside of the district.

What training will I receive?

A programme of induction is being drawn up for newly elected councillors, together with an ongoing training and development programme.