Statement on Higham Ferrers election and Reform eligibility

There is an election being held in Higham Ferrers after the election on 1st of May was countermanded following the sad death of our candidate. This election is not a by-election, but a delayed part of the original council elections held on 1st May 2025, and represent a chance for the people of Higham Ferrers to choose a local champion. 

The understanding of the local Liberal Democrats was that anyone nominated could not have stood in any other ward on 1st of May, as no candidate may stand for more than one ward of a principal authority in one set of elections. This stems from rules made under the Representation of the People Act 1983. To ensure we were following the law correctly, the local Liberal Democrats sought the advice of the Election Commission - the watchdog for elections here in the UK. 

After receiving clear and unambiguous advice from the Electoral Commission's regional office, it was clear that any candidate at this election could not be someone who was previously nominated elsewhere (full text of advice copied below). Accordingly local Liberal Democrats complied with the law and nominated someone who hadn't stood on the 1st of May.

Following the close of nominations, it was revealed that Reform had nominated Elisa Perna, who had been a candidate for Oundle at the May Elections. According to the Electoral Commission's advice, she was therefore ineligible to stand. The original advice given to the Liberal Democrats was confirmed by the Chief Executive of the Electoral Commission when this matter was raised with them.

The inevitable conclusion from the advice we have been given is that Elisa Perna should not be a candidate in Higham Ferrers and that, were she to win, the local authority could be facing a costly by-election. With one candidate who shouldn't be on the ballot paper, one candidate sharing a photo of far-right group Britain First, and another candidate who has reportedly moved to China, the only safe route is for the people of Higham Ferrers to not vote for Reform at these elections.

Advice from Electoral Commission (Provided 6th May):

Because this is a countermanded poll—postponed due to the death of a candidate—it is treated as part of the original ordinary elections held on 1st May 2025, not as a by-election.

This means that the usual rules still apply, including the restriction that:

‘A person cannot stand in more than one ward in the same council at the same ordinary election’.

Therefore, you cannot nominate someone who was already nominated in another North Northamptonshire ward for the 1st of May elections.

The replacement candidate must be someone who was not previously nominated anywhere else.

Email from Chief Executive of the Electoral Commission to Liberal Democrats (23rd May):

I think you know our view: because this is a countermanded poll it is treated as part of the original ordinary elections held on 1st May 2025, not as a by-election. This means that the rules in place for polls held on 1 May still apply, including the restriction that a person cannot stand in more than one ward in the same council at the same ordinary election.

The legal basis for our interpretation is:

- the relevant rule for what is required of candidates nominated in more than one electoral area in the same local government area is Schedule 2, Rule 12, The Local Elections (Principal Areas) (England and Wales) Rules 2006.

- This rule applies in the same manner it would have applied to original poll (per s39(5) RPA 1983)

- Therefore a candidate who stood in a different ward on 1 May as part of the same local government area election as the countermanded poll cannot then stand in the countermanded poll

We have reviewed our advice to Mr Nelson with our own legal team and electoral guidance team and remain confident that our interpretation of the complex law in this area is correct – and have restated this view to the RO. We shall also contact Mr Nelson to reconfirm our position directly to him.

As you know, now that the nomination deadline has passed and the statement of persons nominated has been published, the decision cannot be undone and the election will continue. We have advised the RO to consider any steps they may need to take to prepare for any potential election petition challenge post poll, and will of course continue to support them with anything they need in the meantime.