SCHEDULE 1The F9... Mayoral Elections Rules

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Amendments (Textual)

PART 3Stages common to contested and uncontested elections

Decisions as to validity of nomination papers F1and home address forms12

1

Where a nomination paper and the candidate's consent to nomination F2and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

a

the F10CA/CCA returning officer decides that the nomination paper is invalid, or

F3b

the F10CA/CCA returning officer decides that the candidate’s home address form—

i

does not comply with the requirements of rule 6(6) or (8), or

ii

if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

c

proof is given to the F10CA/CCA returning officer's satisfaction of the candidate's death, or

d

the candidate withdraws.

2

The F10CA/CCA returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

a

that the particulars of the candidate or of the persons subscribing the paper are not as required by law, F7...

b

that the paper is not subscribed as so required,

F8c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

3

Subject to paragraph (4), the F10CA/CCA returning officer must, as soon as practicable after each F4nomination paper and home address form have been delivered, examine F5them and decide whether the candidate has been validly nominated.

4

If in the F10CA/CCA returning officer's opinion a nomination paper breaks rule 7(1) or (3), the F10CA/CCA returning officer must give a decision to that effect—

a

as soon as practicable after the delivery of the nomination paper, and

b

in any event, before the end of the period of 24 hours starting with the last time for delivery of nomination papers set out in the Timetable in rule 3.

5

Where the F10CA/CCA returning officer decides that a nomination paper is invalid, the F10CA/CCA returning officer must endorse and sign on the paper the fact and the reasons for that decision.

6

The F10CA/CCA returning officer must send notice of the decision that a nomination paper is valid or invalid to each candidate at the candidate's home address as given in the F6home address form.

7

The F10CA/CCA returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

8

Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.