Casual Vacancy Procedures
Reviewed March 2024. Next Review: March 2026
Vacancies arising on the Town/Parish Council following the election on 4 May 2023
Where insufficient members were elected on 4 May 2023 but the Town/Parish Council nevertheless has a quorum, the Town/Parish Council may fill these vacancies by co-option. Please inform the Elections Team at elections@e-lindsey.gov.uk with the name and address of any co-opted members.
Vacancies arising on the Town/Parish Council at other times - Casual Vacancies (and by-elections)
Vacancies might arise on a Town/Parish Council for various reasons "between elections" (for example, a vacancy might arise due to the resignation or death of a Councillor or due to a Councillor's repeated failure to attend meetings or his/her disqualification). Such vacancies are referred to as "casual vacancies". The following procedure must be used in respect of all casual vacancies (except for casual vacancies arising within six months of the next ordinary election (6 May 2027):
· The Town/Parish Council contacts the Elections Team (elections@e-lindsey.gov.uk) to advise of the vacancy.
· The Elections Team will provide a notice of vacancy to the Town/Parish Clerk. The Clerk is responsible for displaying the notice of vacancy on the date indicated and ensuring that it is displayed for the requisite time (i.e. a 14 working day period, which excludes Saturdays, Sundays and bank/Public Holidays). The notice should be displayed on the parish notice board or/and in any other convenient places in the parish.
· If on or before the 14 working days, East Lindsey District Council’s Returning Officer receives a notice, signed by 10 electors for the relevant parish (or parish ward, if the parish is warded) stating that they wish there to be an election, the election process will commence.
If no notice is received, then as soon as practicable after the end of the 14 working day period, the Town/Parish Council must fill the vacancy by co-option. This means that the Town/Parish Council must, at its next meeting, consider the co-option of a person to the Council. There are no set procedures for how a person will be co-opted and the process for this is a matter for the remaining members of the Town/Parish Council. If they do not fill the vacant seat at the next meeting, it should remain a matter of business until the seat has been filled through their chosen co-option process.
If we receive a valid notice requesting an election, then we will contact the Town/Parish Clerk to advise them that we will work out an election timetable and will send the Clerk a further notice inviting nominations. The polling day for the election must be within 60 working days of the publication of the notice of vacancy, as decided by the Returning Officer.
· If only one nomination is received (or, in the case of multiple vacancies, if only sufficient nominations to fill the vacancies are received), the person(s) nominated will be elected unopposed.
· If more than one nomination is received (or, in the case of multiple vacancies, if more nominations are received than there are vacancies), there will be an election. We will liaise with the Clerk in these circumstances.
· If there is a by-election for a Town/Parish Council and there are not enough candidates to fill the vacancies, any validly elected candidates are declared elected and there must be a new election to fill the remaining vacancies. The polling date for the new election should be within 35 working days of the date on which the poll would have been held if the first election were contested.