Legal blow for Reform as electoral watchdog casts doubt on new candidate in postponed Northants council election

Whilst 66 councillors have already been elected, two seats on NNC are yet to be decided after the sad death of Liberal Democrat candidate John Ratcliffe led to the Higham Ferrers ballot being postponed just a few days before polling day on May 1.

A new list of nominated candidates for the two-seat ward was published on the council’s website revealing 12 candidates including four for Reform UK.

One candidate now standing for Reform – Elisa Perna – previously stood in the Oundle ward during May’s council elections.

But now doubt has been cast over whether this is actually allowed.

Different legal interpretations came to light when the Liberal Democrats sought advice from The Electoral Commission – the independent body which oversees elections in the UK – on whether a candidate who had already stood on May 1 could stand in the election on Thursday, June 12.

They were told: “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 May 1 elections.”

The advice led Liberal Democrat stalwart Chris Nelson to stand for the party in the ward.

His electoral agent Chris Stanbra said: “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. 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.”

Names of the other candidates who had been nominated months earlier remained on the ballot paper but after May’s election results, two extra Reform UK candidates were added to the list – Devon Robert Kelly and Elisa Perna.

Reform have already confirmed they tried and failed to get their original candidate, Alan Beswick, removed from the ballot paper after his personal circumstances changed and he had to move to China.

Devon Robert Kelly has been successfully withdrawn from the poll, but the other new candidate Elisa Perna had already stood – and lost – on May 1 for NNC’s Oundle ward.

In a statement to the Northants Telegraph, a spokesman for The Electoral Commission said: “A countermanded or postponed poll is treated as part of the original ordinary elections.

"In our view this means that the rules in place for the May 1, 2025 still apply, including the restriction that a person cannot stand in more than one ward in the same council at the same election.

"This applies to the countermanded poll in the Higham Ferrers ward for North Northamptonshire Council on June 12, 2025.

“We are working with the Returning Officer (Adele Wylie, NNC CEO) to offer support and guidance for this poll.”

Once the election is announced on June 13, an official election petition challenge could be launched.

Mr Stanbra said: “We are going to see what the result is. We need to fight the campaign and once we see the result, we will take it from there.”

The Chief Executive of the Electoral Commission said: “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 May 1 as part of the same local government area election as the countermanded poll cannot then stand in the countermanded poll.”

North Northants Council has sought legal advice from a leading barrister who has advised the council’s head of electoral services the election in the Higham Ferrers ward and the original May 1 are "classed as two completely separate events, with a new Notice of Election having been published” as the elections are being held on two separate days.

A spokeswoman for North Northants Council said: “During the nomination period, the Returning Officer received enquiries regarding Reform UK wanting to nominate an additional candidate for the countermanded poll. The additional candidate that they wished to nominate had already been a candidate (and had not been elected) at the local elections on May 1 in the Oundle ward.

“The Returning Officer has sought legal advice from King’s Counsel to ensure that the inclusion of the additional candidate on the Notice of Poll was procedurally correct. Legal advice confirmed that the Returning Officer’s interpretation of the legislation is correct, and the candidate could lawfully be nominated as a candidate at the Higham Ferrers election.

“It is noted that the Electoral Commission has interpreted the legislation in another way. Should any candidate wish to challenge the election following the result of the poll they are able to commence an electoral petition at the High Court.”

An election petition can be used to challenge the result or the conduct of an election.

A petition for a local government election can be presented by a person who claims that they were a candidate at the election, or four or more persons who either voted at, or who had the right to vote at, the election.

Any petition at a local government election must normally be presented within 21 calendar days after the date on which the election was held (in this case July 3). Any person who is considering presenting an election petition is advised to take legal advice.

All the candidates on the ballot paper for the Higham Ferrers ward:

Tara Allston (Green )

Alan Leigh Beswick (Reform)

John Baugh (Conservative Party)

Jennie Bone (Conservative Party)

Jay Connolly (Independent)

Zara Cunliffe (Labour)

Mark Haddon (Reform)

Gerald Kelly (Green)

Chris Nelson (Lib Dem)

Elisa Perna (Reform)

Peter Tomas (Independent)

Helen Willmott (Labour Party)

Polls open on Thursday, June 12 at 7am until 10pm – all voters must take photo ID.

To vote by proxy, voters can complete a proxy application form and submit it to the electoral registration office by 5pm on June 4, 2025.

Verification and counting of ballot papers will take place Friday, June 13, 2025.

For further information go to https://www.northnorthants.gov.uk/elections-and-voting/upcoming-elections/election-councillors-higham-ferrers-ward

North Northamptonshire Council has been asked for a statement.