District says it would not contest election petition after ineligible voters took part in parish by-election

An error that allowed ineligible voters to vote in a parish council election in North Yorkshire cannot be undone without a court order, the returning officer has said.

The case arose in last week’s by-election for Church Fenton Parish Council, where the returning officer was Janet Waggott, chief executive of Selby District Council.

It appeared that some voters from another parish who arrived to vote in the simultaneous election for North Yorkshire’s police and crime commissioner were mistakenly allowed to vote in the by-election. 

Ms Waggott said: “I have advised the candidates of this issue, which was a genuine mistake and have offered an unreserved apology. 

“Unfortunately the legal position is such that in the absence of a court order, I do not have the power to take action to identify the exact number of additional ballot papers cast.”

She said she was required to count the votes and declare the result and had advised candidates that Selby would not contest an election petition if they wished to bring one. 

“I will be undertaking a full review of this incident to ensure that improvements are made, “ Ms Waggott said.”I apologise for any difficulties this has caused.”

The by-election saw three of the four candidates declared elected, all as independents.

Mark Smulian