Qualifying as a candidate

To stand for election to become a Herefordshire councillor you must be:

  • At least 18 years old on the day of your nomination, and
  • A British citizen, commonwealth citizen or a citizen of any member of the European Union

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

  • You are, and will continue to be, registered as a local government elector for the local authority area in which you wish to stand from the day of your nomination onwards, or
  • You have occupied as owner or tenant any land or other premises in the local authority area during the whole of the 12 months before the day of your nomination and the day of election, or
  • Your main or only place of work during the 12 months prior to the day of your nomination and the day of election has been in the local authority area, or
  • You have lived in the local authority area during the whole of the 12 months before the day of your nomination and the day of election

Apart from meeting the qualifications for standing for election, you must also not be disqualified from standing.

Disqualifications

There are certain people who are disqualified from being elected to a council in England and Wales. You cannot be a candidate if at the time of your nomination and on polling day:

  • You are employed by the local authority or hold a paid office under the authority (including joint boards or committees). Note that you may be 'employed by the local authority', for example, if you work at certain schools, fire services, police or health services. This list is not exhaustive, or
  • You hold a politically restricted post, or
  • You are the subject of a bankruptcy restrictions order or interim order, or
  • You are the mayor for a combined authority area that the local authority is a part of. The only exception to this is where the combined authority mayoral election and the election of councillors falls on the same day. In that case, you may stand at both contests. However, if you are elected at both, a vacancy in the office of councillor will automatically arise, or
  • You have been sentenced to a term of imprisonment of three months or more (including a suspended sentence), without the option of a fine, during the five years before polling day, and the ordinary period allowed for making an appeal or applications in respect of the conviction has passed. A person who is in the process of making an appeal or application in relation to the conviction is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution, or
  • You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices). The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years. The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years, unless at any time within that period a court determines that the conviction should not be upheld, in which case the disqualification ends at that time, or
  • You are subject to the notification requirement of or under Part 2 of the Sexual Offences Act 2003, and the ordinary period allowed for making an appeal or application in respect of the order or notification has passed. A disqualification set under s.81A of the Local Government Act 1972 will only apply to a person who is subject to any relevant notification requirements or relevant order made on or after 28 June 2022. A person who is in the process of making an appeal or application in relation to the disqualification is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution, or
  • A person may be disqualified from being or becoming a member of certain authorities following a conviction under the Localism Act 2011

The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.

You must be sure that you are not disqualified as you will be asked to sign one of the required nomination papers to confirm that you are not disqualified.

It is a criminal offence to make a false statement on your nomination papers as to your qualification for being elected, so if you are in any doubt you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.