Craigavon Lurgan by-election – probable date - updated

On November 2 Craigavon Borough Council failed to agree a co-option to fill the seat (in Lurgan DEA) that TUV Councillor Mark Russell had resigned in October. According to the requirements of the legislation governing local elections (the Electoral Law Act (Northern Ireland) 1962), a by-election must be held within a period of time. If the maximum periods allowed for in the legislation are used, the likely date for the by-election is Wednesday 20 January 2010, calculated as follows:

• 2/11/2009 – Council fails to co-opt replacement,
• 11/11/2009 – expiration of maximum period (7 days, excluding Saturdays, Sundays and other public holidays) for the clerk of the council to notify the Chief Electoral Officer that a 'casual vacancy' has occurred,
• 10/12/2009 – Publication of notice of election (within 21 days from the date on which the casual vacancy was deemed to have occurred),
• 21/12/2009 – Delivery of nomination papers (on two consecutive days, the second of which shall not later than the 7th day after the day of publication of the notice of election),
• 20/01/2010 – Polling day (not earlier than the 18th nor later than the 21st day after the last day for delivery of nomination papers)

20 January is the 18th day after the last day for delivery of nomination papers, when weekends, Christmas Eve, Christmas day and December 28 (in lieu of St Stephen's Day) are disregarded, and it is a Wednesday, the usual day on which council by-elections are held.

Update:

Scrap everything above! (Thanks to reader David).

The EONI have published the timetable for the election, and it will be a week earlier than the date above:

"The election to fill the vacancy for the Lurgan district electoral area of Craigavon Borough Council will take place on Wednesday 13 January 2010".