Election Rules

Fan Advisory Board Election Rules

Election Rules

These Rules govern:

a) the nomination, candidacy and election of eligible candidates to the Everton Fan Advisory Board (FAB);

b) the appointment of those representing the seven places for reserved organisations and four unreserved positions.

Schedule 1 – Shortlisting and Election Process

The purpose of the Rules is to ensure that the proceedings prescribed within the Shortlisting and Election Process set out in Schedule 1 of these Rules are applied for the annual election or appointment process for a) and b) above or to fill any vacancy that occurs during that year.

The Returning Officer

The Returning Officer for appointments and elections under these Rules is administered by the Head of Legal Services. The Returning Officer is responsible to ensure that the appointments and elections are run fairly and democratically and is responsible for upholding the rules and the process of the election.

The Returning Officer is specifically responsible for:

administering, applying and maintaining these Election Rules;
publishing the notices relating to the appointments and elections;
the nomination process for the candidates;
providing the necessary documentation for the appointments and elections;
providing the allocation and distribution of the ballot papers;
appointing counting officers and/or selecting the appropriate software or technology to receive and count the votes;
declaring and publishing the results;
ensuring that the election and appointments processes are as efficient and effective as possible and that they comply with these Election Rules including Schedule 1 of these Rules;
receiving, recording and administering any complaints and ensuring that they are managed in a clear, transparent and timely way; preparing and publishing written reasons for the outcome of any complaints.

The Returning Officer has the power to delegate any or all of the responsibilities listed above to any official engaged in the administration of the elections from time to time.

Eligibility to apply for candidacy and to vote

The eligibility to stand/be nominated and to vote in a given election will be clearly stated in Schedule 1.

Applications

A candidate must have had an Everton supporter number as of 1 May in the election year to be eligible to apply.

Withdrawal of an application

A candidate can withdraw from an election by submitting a notice of withdrawal. This must be delivered in writing to the Returning Officer at the same address as for the delivery of nomination forms. Any withdrawals must be received before the ballot opens for voting. If a candidate fails to withdraw after the ballot for voting has opened, their details will remain on the ballot paper. If a candidate withdraws their application before the ballot opens for voting, the election must proceed with the remaining candidates.

Statement of persons shortlisted

The Returning Officer will publish a statement of persons shortlisted for the election before the opening of the ballot. Any person entitled to vote in the election may challenge the validity of a nomination within three days following the publication of nominations on the grounds that it does not comply with these Rules. The Returning Officer shall rule on the challenge and their decision shall be final.

Information about the Candidates

Any individual with an Everton Supporter Number on or before 1 May in the year of the election is eligible to vote based on the statements and other information provided by candidates on their nomination form which is included as part of the online ballot process. Details of how to vote, candidate information and the closing date of the election will be circulated under the instruction of the Returning Officer to all members eligible to stand and vote in advance of the election. The Returning Officer will provide, through the Everton website, the voting system and a copy of the candidates’ supporting statements to every member eligible to vote.

Conduct of Candidates during the Election

Candidates themselves may directly or indirectly promote their candidacy, solicit votes or campaign themselves provided that such activities are lawful.

Candidates may meet the cost of any such activities from their own resources but must not accept donations or other forms of support from third parties.

Supporting Statements

Supporting statements must not exceed 300 words. The statements will be checked upon receipt. The Returning Officer will review submitted statements and biographical information for obvious errors (spelling mistakes etc.) for reference back to the candidate for agreement prior to publication. If the text exceeds the word limit, the candidate will be asked to remove a sufficient number of words so as to place the statement within the required word limit before the statement is published. In the absence of a revised statement only the first 300 words will be used to avoid unfair advantage. Potential voters will be able to view the supporting statements.

Statements will be solely published at the Returning Officer’s discretion. The Returning Officer will not publish any statement, or part of a statement, known to contain inaccurate or untruthful information; which they believe to be unlawful; or which they believe could lead the Club to any legal action or any contravention of the Club’s legal duties.

Voting

Those who meet the eligibility criteria for the specific election will be contacted and invited to vote. Those eligible to participate are invited to vote based on the information provided by candidates in their supporting statement, which will be included as part of the online ballot. All votes are expected to be cast based solely on the information provided in the ballot.

Uncontested Elections

If insufficient nominations have been received to fill all vacancies at the close of nominations, a decision will be made by the Returning Officer either to extend the period for nominations, if there are reasonable grounds to believe that further nominations are likely, or to appoint members from those nominated as elected if unopposed.

If an election is uncontested (i.e. the number of candidates is equal to or fewer than the number of vacancies) the application process will be re-opened. Should the number of candidates remain fewer than the number of vacancies then the candidates' details will be published. The candidates shall be declared elected unopposed no more than 10 days later.

Count

Counting officers will be appointed to confirm the results of the ballot after the closing date has passed and then report the outcome of the vote to the Returning Officer. Where a number of vacancies exist, candidates will be elected in order of the number of votes they receive until the vacancies have been filled. If the election is contested, the candidate, or candidates, with the highest number of votes following the count will be declared elected.

In the event of a tie between two or more candidates, the Returning Officer will arrange for lots to be drawn to settle the tie. The candidates concerned will be notified in advance and invited to observe the drawing of lots in person or to nominate a representative to observe on their behalf. Once the count has been conducted those elected will be informed.

All candidates will be notified of the results as soon as possible after the count has concluded.

Announcement of Results

The Returning Officer is responsible for announcing the results of an election. If an election is uncontested (i.e. the number of candidates is equal to or fewer than the number of vacancies) a statement of the candidates will be circulated as soon as practicable after the close of nominations, and the candidates shall be declared elected unopposed no more than 10 days after the close of nominations.

Terms of Office

The Terms of Office for each election will be published by the Returning Officer in each year in accordance with the provisions of Schedule 1.

Complaints

Any complaints about the conduct of the elections, the appointments process or the conduct of candidates during the election should be made to the Returning Officer. Any such complaint must be submitted in writing to the Returning Officer at the same address as for the delivery of nomination forms on or before the closing date for voting.

The Returning Officer shall:

acknowledge receipt of the complaint;
investigate the complaint;
if appropriate, invite the candidate to provide a response;
determine the outcome of the complaint;
notify the complainant and the candidate of the outcome;
report the outcome to any other interested party.

Remedy for Breach of the Election Rules

Any complaints about the conduct of the elections or the conduct of candidates during the elections must be made to the Returning Officer. The Returning Officer can disqualify any candidate in respect of any breach of these Rules. The Returning Officer shall rule on the challenge and their decision shall be final.

Verification of Process and Results

The Returning Officer shall appoint an independent person or organisation to verify that the shortlisting, appointments and election process have been undertaken in accordance with these Rules and Schedule 1 of the Rules. The Returning Officer shall provide access to the relevant materials required by the verifier. The Verifier shall provide a written report to the Returning Officer within one month of the date of the results being published.

> Election Terms of Reference