Friday, 29 January 2010

TELFORD SAGA CONTINUES.

This has become a matter of principle and also a matter that a precedent is not sent. The local BNP do know, and have acted upon this information. The response to them has been from the election officer " Go and get a legal petition, if you don't like it." Which would cost thousands.

Here is the brief outline of the emails between myself and the election officer.

BNPELECTIONRESULTS

Thank you for your response, my concern is that on the electoral commission website, under advice for nomination papers. Your role as returning officer is to check that the person putting them self forward as a candidate and then choosing a party name has to be checked against the registered names listed on that site.

Did you check the name against the list of registered names for this party ?

You mention it is allowed under regulation 5, 28B. How is it allowed in respect of this candidate? How does the regulation work ?

TELFORD RETURNING OFFICER

Rule 5 requires us to check that a nomination paper does not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless it is accompanied by a certificate issued by or on behalf of the registered nominating officer of that party. The nomination paper in this case is accompanied by such a certificate.

Clearly, as you have noted, the description used in this nomination paper is not one of the descriptions registered under Section 28 or 28A.

BNPELECTIONRESULTS



So just so I can get this correct, if a party has not registered the name with the electoral commission, so you can not check this. If they bring a certificate from the party itself, that allows the to call themselves what ever the party wishes them to be known as?

Is the certificate from the electoral commission to say the name is registered ?

Or a letter from the party itself saying this is how they want to be known ?

If it is the latter, couldn't any party simply change the name as for instance calling themselves Liberal Conservatives or British Labour Party.

My concern is that UKIP have two candidates standing on that day, and the change of name just happens to coincide with another candidate standing. I am sure there is rules concerning the clarity needed for voters when they go to vote. And is why the name needs to be registered with the electoral commission and if it is not, is not eligible.


TELFORD RETURNING OFFICER

I think my earlier response must prevail in this matter. You may wish to take your own legal advice. You have redress through an election petition. I feel that it will be improper for me to provide you with interpretations of the law in the matter.

SO NOW HE KNOWS I HAVE A POINT HE IGNORES IT AND SAYS. GO TO THE COURTS AND SPEND THOUSANDS IF YOU DON'T LIKE IT.

THIS MORNING I SENT THIS AND AWAIT A REPLY.


It concerns me that when I ask you a direct question you ask for me to spend thousands on a petition. The Questions are openly about the job you did.

Is the certificate from the electoral commission to say the name is registered ?



Or a letter from the party itself saying this is how they want to be known ?


Look at the "standing for a political party" section on pages 26 and 27 of this electoral commission booklet:

http://www.electoralcommission.org.uk/__data/assets/pdf_file/0018/83331/057-Candidates-Agents-Local-Elections-2010-final-web.pdf

It clearly states that candidates are only allowed to use the exact party name or a registered description. What is written on the nomination paper must be an exact match.

The description of "Britain First UK Independence Party" is neither of these.

Look what point 2.71 says:

2.71 If the party name/description included on the nomination paper is not an exact
match, the whole nomination paper will be invalid.

Your thoughts would be gladly received

MY OWN THOUGHTS NOW, IS TO TRY TO GET THE PRESS INVOLVED, BUT OF COURSE THAT WILL BE DIFFICULT AS THEY ARE ANTI BNP, IF THE ROLES WERE REVERSED AND IT WAS THE BNP WHO HAD CALLED THEMSELVES LABOURS BRITISH PARTY OR SOMETHING SIMILAR WE WOULD BE SLAPPED DOWN QUICKER THAN A FISH ON A CHEFS SLAB.

IF OTHERS WISH TO PURSUE THIS, PLEASE DO. WE NEED TO FIGHT THESE WRONGS WHERE EVER WE SEE THEM, WE NEED FAIR ELECTIONS.

1 comment:

  1. I've found a copy of the Political Parties, Elections and Referendums Act 2000.

    See here:

    http://www.opsi.gov.uk/Acts/acts2000/ukpga_20000041_en_1

    and here too:

    http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1759645

    Where is this section 28B?

    There is a part 28 called "Registration of Parties." There is no B or even A section to this, just a list.

    This section is merely about creating a new political party and is nothing to do with what candidates write on the ballot paper.

    I don't want to be a conspiracy theorist, but is the returning officer just trying to confuse you with legal babble in an attempt to make you believe that they must be right?

    It's not like they're directing you to this section 28B for proof is it?

    ReplyDelete