Candidates and agents at the constituency election The slides in this presentation cover information for candidates and agents at the National Assembly for Wales elections. National Assembly for Wales election – 5 May 2016

Topics Who’s who election timetable qualifications disqualifications nominations agents postal votes polling day counting of votes candidate spending contacts

Who’s who The Constituency Returning Officer [insert name] is responsible for the constituency election and managing polling stations. The Regional Returning Officer [insert name] is responsible for the regional election and the allocation of regional seats. The Electoral Registration Officer(s) are responsible for maintaining the register of electors and lists of absent voters. Contact details are provided later. Provide brief summary of roles and responsibilities

Election timetable Publication of Notice of Election Not later than – 30 March 2016 Nominations commence 10am on any working day after publication of Notice of Election Close of nominations and deadline for withdrawals of candidature 4pm – 7 April 2016 Notification of appointment of election agents Publication of statement of persons nominated and notice of poll 4pm – 8 April 2016 Deadline for application to register to vote Midnight – 18 April 2016 Deadline for new postal votes/changes to postal or proxy votes 5pm - 19 April 2016 Proxy applications – make clear that E-11 for changes to current arrangements and E-6 for new applications (see next slide for emergency proxies).

Election timetable (cont’d) Deadline for applications for new proxy votes 5pm – 26 April 2016 Appointment of counting and polling agents 27 April 2016 Polling day 5 May – 7am to 10pm Deadline to apply for an emergency proxy 5pm – 5 May 2016 Replacement for lost/spoilt postal votes ends Alterations to the register to correct clerical error 9pm – 5 May 2016 Return of spending returns to the CRO + 35 days from result Election timetable (cont’d) Emergency proxies – available if elector falls ill, or where the elector’s occupation, service or employment means they cannot go to the polling station in person but only if after the deadline for applications E-6. Applications must be made by 5pm on polling day. Highlight: agent deadlines & expenses returns

Qualifications To qualify as a candidate you must (on the day you are nominated and on polling day): be at least 18 years of age be a British citizen, an eligible Commonwealth citizen or a citizen of any other member state of the European Union There is no requirement to be a registered elector in Wales.

Disqualifications A person cannot be a candidate if, at the time of your nomination or your election: you are a full-time member of the judiciary you are a civil servant you are a member of the armed forces you are a member of the police force you are a member of a legislature of any country or territory outside the Commonwealth (other than Ireland) Emphasise this list is NOT comprehensive. Candidates should read Part 1 of the Commission’s guidance for further information on disqualifications. In all cases, if candidates are in doubt about whether they are disqualified, they must do everything they can to check that they are not disqualified before submitting their nomination papers. Candidates must be sure that they are not disqualified as they will be asked to sign one of the required nomination papers to confirm that they are not disqualified. It is a criminal offence to make a false statement on nomination papers as to the qualification for being elected, so if candidates are in any doubt, they should contact their employer, consult the legislation or, if necessary, take their own independent legal advice. The Returning Officer will not be able to confirm whether or not candidates are disqualified.

Disqualifications you are employed as a member of the staff of the Assembly you hold an office that is mentioned in the National Assembly for Wales (Disqualification) Order 2015 you are currently subject to a bankruptcy restrictions order or debt relief restrictions order made by a court in England, Wales or Northern Ireland, or your estate has been sequestrated by a court in Scotland and you have not been discharged you are imprisoned for more than a year or have been found guilty of certain corrupt or illegal electoral practices If you wish to provide more information for those who are employed as a member of the staff of the Assembly, you could explain that: Candidates who are directly employed by Assembly Members and not by the Assembly Commission are not disqualified from standing for election. However, employment relationships can be complex and anyone who is unsure about whether they are disqualified should speak to the Assembly’s HR department to confirm their employment arrangements and/or seek their own legal advice. Point out that bankruptcy in itself is not a disqualification, but that a person will be disqualified if any of the circumstances explained on the slide apply to them.

Dual candidacy You can be a candidate for both a constituency and a region, but the constituency must be within the region You must stand for the same party in both contests, or be an independent in both contests You cannot stand in more than one constituency or in more than one region

Nominations Nomination papers must be submitted to the Constituency Returning Officer by 4pm on 7 April 2016 [insert details of when and where they can be delivered] Nomination guidance and forms can be found on the Electoral Commission’s website, as well as information on who and how the nomination papers must be submitted.

Completing nomination papers Take care when completing your nomination papers, as mistakes may invalidate your nomination. Complete nomination papers early and arrange for us to provide an informal check [Include details on any particular informal check arrangements]. Remind the candidates or agents that they must make sure the form is completed correctly. They should take time to complete the papers, use the Commission’s guidance and arrange for an informal check.

Submitting nomination papers The nomination form may only be delivered by hand by: yourself your election agent if you are standing as a party candidate, your party’s Nominating Officer (or someone appointed in writing on their behalf) Anyone can deliver the other nomination papers, but it should be someone you trust The consent to nomination must be delivered by hand, whereas the certificate of authorisation for party candidates may be posted Nomination guidance and forms can be found on the Electoral Commission’s website, as well as information on who and how the nomination papers must be submitted.

The deposit A candidate must deposit £500 with the CRO so that their nomination is valid. Payment can be made using legal tender (cash) or a UK banker’s draft. [The CRO may also accept a deposit made by building society cheque, a debit or credit card or an electronic funds transfer. If offered as a payment method, include details here.] If the candidate obtains more than 5% of the valid votes cast, the deposit will be returned. Highlight other methods of payment

Nomination form If you wish to stand as a constituency candidate, your form must contain: your full name your full home address the signature of one subscriber (this can be your signature, or the signature of someone else)

Nomination form You also have an option to include on the form: if you are a party candidate a registered party description (if authorised to use one) and a request for an emblem if you are an independent the description ‘Independent’ and/or ‘Annibynnol’ (or you may stand without a description) any names you commonly use that are different from any forename(s) or surname that you have (and which you wish to appear on the ballot paper).

Consent to nomination All candidates must consent to their nomination. On the consent to nomination form candidates must confirm that they are not disqualified from being a Member of the National Assembly for Wales and that they are not a candidate at the same election in any other constituency Consent to nomination: highlight that candidates must not sign the form if they are not qualified to stand. Point to Commission’s guidance for candidates and agents

Consent to nomination The consent must also contain: your name and an address within the constituency, an adjoining constituency, or in a county or county borough which is partly comprised in or adjoins the constituency the name, address and signature of a witness The address on this form will be deemed to be their office address should they become their own election agent by failing to appoint anybody else. Remind that witness should witness the candidate signing the form and then sign themselves.

Descriptions you can use if you are standing for a political party You can use either: the exact party name as registered with the Commission (either the English version, Welsh version or both), or one of the party’s descriptions as registered with the Commission (either the English version, Welsh version or both) To use a party’s name you must have a certificate of authorisation signed by the party’s Nominating Officer (or someone appointed in writing to act on their behalf). Must be submitted to the CRO by the same deadlines as the other nomination papers, i.e. by 4pm on 7 April 2016 The certificate of authorisation must be signed by the registered Nominating Officer of the political party or by someone appointed in writing by the Nominating Officer to act on their behalf. If the Nominating Officer has appointed someone else to exercise this function on their behalf, a copy of the appointment in writing must be delivered to the CRO.

Joint descriptions As a constituency candidate, you can stand for election for more than one party and use a joint description You will need a certificate of authorisation from the Nominating Officers for each of the parties and they can allow the use of a joint description.

Emblem requests by party candidates One of the party’s official emblems can be included next to a party candidate’s name on the ballot paper Request to be made by the Nominating Officer (or someone appointed in writing to act on their on their behalf) on the certificate of authorisation If the party has more than one emblem, the request should state the description of the emblem to be used, as listed on the Commission's online register of political parties.

Election agent The election agent is the person responsible for the proper management of the campaign and in particular its financial management All constituency candidates must have an election agent, but you can act as your own agent if you wish. The appointment of the election agent must be declared to the CRO before 4pm on 7 April 2016.

Other agents Sub-agents The election agent may appoint sub-agents to act on their behalf in the constituency, as long as their areas do not overlap. The agent must give written notice to the CRO by 27 April 2016. Polling and counting agents The CRO requires notice in writing of any people appointed as polling agents and any persons nominated to attend the counting of the votes by 27 April 2016. Notification of appointment of agents forms can be found on the Electoral Commission’s website

Other agents Postal vote agents The appointment of postal voting agents attending a particular opening session must be made before the start of the session. We will give 48 hours’ notice. Notification of appointment of agents forms can be found on the Electoral Commission’s website

Access to the electoral register / lists of absent voters Candidates are entitled to a free copy of the full register and lists of absent voters on written request. Make written request to the ERO – forms are available from [us / are included in your nomination pack]. Only use data for permitted purposes! Remind attendees that they can only use data for permitted purposes, i.e. to help them campaign and check that donations are permissible Explain when candidates will be entitled to copies of the register and absent voting lists: Constituency candidates will be entitled to receive copies from when they officially become a candidate. The earliest a person can officially become a candidate is on the date of the dissolution of the Assembly, which is expected to be on 6 April 2016. A person will officially become a candidate on this day if on or before this date they have already declared themselves a candidate at the election (or another person has declared that they are a candidate). If nomination papers are submitted after the dissolution date or, if after that date, they or others declare that they will be a candidate at the election, that person will become a candidate on the date their nomination papers are submitted or such a declaration is made, whichever is the earlier.

Registration You are uniquely placed to encourage people to register to vote. You should encourage people to register as soon as possible. The deadline for applying for the election is 18 April 2016. Individuals can register online at https://www.gov.uk/register-to-vote. It only takes a few minutes.

Registration When discussing registering to vote with individuals, you will need to make them aware that they will need: their National Insurance number, date of birth and address to register. People who do not have or cannot find their National Insurance Number can still register, but they may need to provide further information. If so, they will be contacted by the ERO.

Campaigning dos and don’ts Do use imprints on all your campaign material, including websites. Do comply with planning rules relating to advertising hoardings and large banners. Do make sure outdoor posters are removed 2 weeks after the election. Do not produce material that looks like a poll card. Do not pay people to display your adverts (unless they display adverts as part of their normal business). On printed material, such as leaflets and posters, candidates must include the name and address of: the printer, and the promoter. Give council position on putting up and removing posters and election material. Refer to Part 4 of the Commission’s guidance for C&As for further guidance on campaigning.

Code of conduct for campaigners Campaigners are an essential element of a healthy democracy, but their activities should not bring into question the integrity of the electoral process. Electoral registration and absent vote applications: Ensure forms fully confirm to the requirements of electoral law Include the EROs address for the return of forms Ensure unaltered applications are sent to ERO within two working days. Make sure electors understand implications of applying for an absent vote. Do not encourage postal ballot pack redirection. Do not encourage electors to appoint a campaigner as proxy. The Code of Conduct for campaigners can be found on the Commission’s website at http://www.electoralcommission.org.uk/find-information-by-subject/electoral-fraud/electoral-fraud-responsibilities The Commission has also produced a quick guide for party workers on handling postal votes.

Code of conduct for campaigners Postal ballot packs: Never touch a postal ballot paper Never observe electors completing their postal vote. Never handle or take any completed ballot paper or postal ballot pack from voters Campaigning outside polling stations: You are allowed to put your messages to voters on polling day, including public spaces outside polling places Keep access to polling places and the pavements around polling places clear to allow voters to enter. Code of conduct for campaigners The Code of Conduct for campaigners can be found on the Commission’s website at: http://www.electoralcommission.org.uk/find-information-by-subject/electoral-fraud/electoral-fraud-responsibilities The code covers all those actively involved in campaigning in elections or referendums in Great Britain. Remind candidates and agents that if they have complaints or allegations of electoral fraud, they should: Be prepared to give the police a statement and substantiate any allegations Raise the matter with your election agent or local party, or with the relevant ERO or RO.

Polling day Polling stations open from 7am to 10pm Office open [x]am to [x]pm for queries or problems relating to the administration of the election contact the Electoral Commission for any queries about a candidate’s campaign literature (contact details shown later) Voters in the polling station or in a queue outside the polling station at 10 pm can apply for a ballot paper Postal votes – can be handed into polling stations within the constituency or delivered to the elections office until 10pm. A person in a queue at a polling station at 10pm waiting to hand in postal vote can do so after 10pm. Explain that you can canvass the support of the electors and campaign on polling day, but not in a building or area that has been hired as a polling station. Tellers – refer to Commissions guidance and any supplementary local guidance If finalised, you could provide lists of the polling stations.

Counting of votes [Insert local arrangements for the counting of National Assembly election votes] Count centre will open to candidates, agents and spectators from [x] The count will be held in: [insert count location/address] Make sure appointments for counting agents are submitted to the CRO by 27 April 2016. Explain formula for number of counting agents allowed. Give a brief run through of procedure for the count: verification against ballot paper accounts (explaining that at the verification, the PCC ballot papers will also be counted), method of counting the NAW votes, opportunity for a recount, declaration of results. If you have a liaison officer for the count i.e. someone to deal with queries from the candidates and agents perhaps introduce them in the session. Explain access restrictions. No dignitary, such as existing councillors, MPs etc. have automatic access rights, although the RO can appoint such people as guests and they should apply if they wish to attend. Attendance: also entitled to attend, registered observers and Electoral Commission staff, as well as accredited media Explain what information will be available for candidates and agents (in advance and at the event itself).

Spending issues Emphasise that specific questions on campaign spending are not for the Returning Officer or the elections team. This session is not aimed at covering spending issues in great detail, but just to provide a sense of what the main requirements are. Encourage candidates and agents to consult the Commission’s candidates & agents guidance in the first instance. Further guidance, forms and contact details are available from the Commission’s website at www.electoralcommission.org.uk

Election spending The time when spending and donation rules apply is called the ‘regulated period’. This begins the day after you officially become a candidate, and ends on polling day, 5 May 2016. The earliest date you can officially become a candidate is the date the National Assembly for Wales is dissolved, 6 April 2016. You must keep within the spending limit during the regulated period. You must keep a record of your spending on items and services you use during the regulated period, and donations you receive towards that spending. Remind when someone officially becomes a candidate as set out in the notes on slide 22.

Spending limit In a borough constituency: £8,700 + 6p per registered elector In a county constituency: £8,700 + 9p per registered elector Different limits apply if you are a dual candidate standing in a constituency and on a regional party list Comprehensive guidance is included in Part 3 of the Commission’s guidance for candidates and agents No spending will be reimbursed The spending limit is calculated with reference to the register that is in force on the last day for publication of notice of election on 30 March.

Spending returns Election agents must deliver a constituency candidate’s spending return to the CRO within 35 calendar days of the declaration of result of the election Election agents and candidates must deliver declarations vouching for the candidate’s election spending return to the CRO The election agent’s declaration must be delivered at the same time as the return. Generally all candidates’ declarations must be delivered within 7 working days of the election agent submitting the return. Election agents must deliver a candidate’s spending return to the CRO, together with relevant invoices and receipts, within 35 calendar days of the declaration of result of the election, i.e. by Thursday 9 June 2016 if the result is declared on Thursday 5 May, or by Friday 10 June 2016 if the result is declared on Friday 6 May.

Integrity issues

Police single point of contact (SPOC) [Name and contact details of SPOC] Insert name and contact details of SPOC Draw out any local integrity issues

Contacts

Contacts Elections office of the CRO – [insert] Regional Returning Officer – [insert] Electoral Registration Officer(s) – [insert] Highways department – [insert] Electoral Commission contacts infowales@electoralcommission.org.uk 0333 103 1929  Elections office – If each member of your team is responsible for a different element of the election it might be a good opportunity to highlight these, so that candidates and agents can call the officers direct.

Questions

Please ensure you take a copy of your candidate pack with you Thank you Please ensure you take a copy of your candidate pack with you