Officials have revealed they may have to hold a fresh election if Lee Barron “wins” the Police & Crime Commissioner election in two weeks.
It emerged yesterday that Mr Barron, the former Labour Party candidate, will not be able to take the job because of an arrest for wilful obstruction 22 years ago. The Labour Party has withdrawn its support for him and now has no candidate standing in the vote.
However, the Police Area Returning Officer (PARO), who is overseeing the election, today confirmed, as reported in the Chron, that Mr Barron’s name will still appear on the ballot paper, even though he can’t take the job.
In a press statement today, the officer said Mr Barron could not legally withdraw from the race.
It leaves officials facing a potentially humiliating situation of having a “winner” who can’t actually take the job following the election, on November 15.
If he was to top the poll a fresh election would have to be held within 35 days, the Home Office said today.
Addressing what would happen if Mr Barron “won” the election, the returning officer said: “There could be a number of ways in which this could be addressed but it would be inappropriate for the PARO to comment on this at this time whilst clarification is being sought from the Electoral Commission and the Home Office.”
The statement added: “All of the five nominated candidates’ names will appear on the ballot papers and electors are able to exercise their voting preference in the normal manner.”
Officials have today ruled out the possibility of voters being advised at polling booths of the situation and stressed the election count would remain unaffected.
The Chron understands at least one candidate has already written to the returning officer to express his concern.
The statement added: “The law governing the conduct of these elections allows a candidate to withdraw by noon on the 16th working day before an election which for these elections fell on October 24, 2012.
“Therefore a candidate is legally unable to withdraw his nomination after this date and the election proceeds with all 5 candidates, as required by legislation.”