13. Casual Vacancies
What is a Casual Vacancy?
A casual vacancy is triggered when any of the following circumstances occur:
- A local councillor fails to make a declaration of acceptance of office within the proper time.
- When a notice of a councillor resignation is received.
- If a councillor passes away.
- If a councillor is disqualified.
- If an election is declared void.
- When a councillor ceases to be qualified, or where they are persistently absent from meetings.
If a casual vacancy is triggered:
- The vacancy must be declared and publicly notified using the CVP1 form.
- The returning officer of the district council should be notified using the CVP2 form.
- If a poll is claimed by at least ten electors within 14 days (excluding weekends and certain public holidays) then one must be held within 60 days of the notice.
- A poll cannot be claimed if the vacancy arises within six months of the day when the councillor who's office is declared vacant, would ordinarily have retired.
- If no poll is claimed, or one cannot be claimed, then the councillors must try to fill the vacancy by co-option.
- To be co-opted the successful candidate must receive an absolute majority of votes over all other candidates.
Petitions
If you add your name to a petition, or write to us to request an election, please be aware of the following information:
Personal data that you provide including your name and address, will be used by EDDC for the purpose of carrying out our obligations in respect of requests for, and the calling and running of, elections, referenda and polls. We will use your contact details to communicate with you in relation to this process. Your details may also be accessible to the public through publication of election notices where requested which are permitted by through relevant legislation. For more detail about how we will process your personal data, you can access a copy of our privacy notice here elections-aministration-of-elections.pdf (eastdevon.gov.uk)
Election petitions are public documents and are available for inspection.
Covid -19
If you are a clerk, and a casual vacancy arises in your area, please still publish your notice and send us the CVP2 as normal. We will then send you a notice of vacancy in lieu of the normal CVP3.
If an election is requested, under current legislation a poll cannot take place until 6 May 2021 as a result of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 and the Coronavirus Act 2020.