Election Complaints Procedure
The Returning Officer is responsible for the good conduct and administration of the elections and has sole authority to interpret the election rules without further challenge.
Election Complaints Procedure – March 2010
Role of the Returning Officer
The Returning Officer is Stuart Hook who is also the Returning Officer for South Gloucestershire Council. The Deputy Returning Officer is Nerys Neath, Membership Services Manager for UWESU
The Returning Officer is responsible for the good conduct and administration of the elections and has sole authority to interpret the election rules without further challenge. This includes responsibility for the complaints procedure and any resulting action.
Ultimately, in determining a complaint the Returning Officer can disqualify a candidate from the election.
All candidates should comply with the election rules.
The candidate is liable for the actions of their election team and should ensure that they are aware of the election rules.
The Returning Officer has sole authority to determining a complaint and any resulting action. Such determinations shall not be subject to challenge in any meetings of the Union.
Timing of complaints
Any complaint relating to the election up to the point that the count commences must be made before the time that the count starts. Once the count has started, no further complaints about the election process will be heard unless they relate to the count itself. Complaints relating to the count itself will be considered at that time and may be made verbally.
How to submit a complaint
Complaints must be submitted in writing to the Deputy Returning Officer, Nerys Neath. All complaints must be submitted by email (nerys.neath@uwe.ac.uk ) to be considered. The complaint will be immediately transmitted to the Returning Officer for consideration
What must be included?
Verbal complaints will not be heard at the initial stage. The opportunity to provide further information verbally will be given if appropriate at a later stage.
Anonymous complaints will not be considered. All complaints must include the following details as a minimum:
- The name and address of the person submitting the complaint. A phone number and e-mail address should also be submitted if available.
- The name and address of the person who the complaint is about. It may be that the identity of the person is not known. However, the person submitting the complaint should make every effort to provide this information to increase the chances of action being taken.
- Sufficient details as to the nature of the complaint to allow initial considerations.
- Any evidence that is available to substantiate the complaint or to aid considerations.
How will I be kept informed
The Returning Officer will provide a response to your complaint within three working days. However, every effort will be made to resolve all complaints as soon as they are received.
If this is not possible to respond within three working days due to ongoing enquiries regarding the complaint, you will be notified when a full response is likely to be provided.
Responses will be made by e-mail.
What action will be taken?
The action taken will depend on the nature of the complaint. If insufficient information is provided with the initial compliant the Returning Officer will make further enquiries until sufficient information is obtained or until he has deemed it inappropriate to do so.
The person submitting the complaint will be kept informed as described above.
If the Returning Officer believes there may be grounds for the complaint, the person being complained about will be contacted to provide an opportunity for them to make representation. If this is not possible or where the person refuses to provide information, the Returning Officer will make a decision based on the information available.
All decisions arising from a complaint will be sent in writing to relevant parties.
There are certain circumstances whereby a candidate can be disqualified immediately from the election, e.g. mass e-mails that adversely effect the e-mail system
In the event of a candidate being disqualified from the election, they and their party team should not promote their candidature further. The Returning Officer will take steps to ensure that voters are informed of the disqualification at the polling stations.
There are other more minor infringements of the rules that may not warrant immediate disqualification. However, that does not mean that these rules can be flouted.
In a circumstance whereby the Returning Officer establishes that a complaint of this nature is valid he will issue a first warning to a candidate. A second occurrence will produce a second warning. If a third occasion arises the Returning Officer will disqualify the candidate from the election.
In this way continual breaches of the election rules will amount to a disqualification..
Actions of Candidates Supporters
It must be stressed that a candidate is responsible for the actions of their supporters. The defence that a well meaning supporter broke the election rules in ignorance will not be an excuse. In this situation the candidate will be held accountable.
Abuse of the complaints system
Any candidate (or their supporters) who attempts to use the complaints system inappropriately in an attempt to get another candidate disqualified will themselves be subject to the complaints process described above.
Nerys Neath
Deputy Returning Officer
February 2010
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