If Jonathon Seed wins the election for police and crime commissioner tomorrow, it looks increasingly likely that another election will have to be held.

The Conservative candidate announced tonight that he was pulling out of the race – after it emerged that a driving conviction would disqualify him from taking up the role if elected.

However, the Adver understands that – technically - he can’t pull out as his name is already on the ballot and votes for him will be counted tomorrow.

READ MORE: Jonathon Seed confirms he's pulled out of crime commissioner race

READ MORE: Current police commissioner and candidates react as Jonathon Seed pulls out of race

Under the Police Reform and Social Responsibility Act 2011, which set up the arrangements for electing PCCs, a successful candidate has two months to sign a declaration of acceptance of office for the police and crime commissioner role.

If it’s not signed within two months, the position for the area becomes vacant and an election must be held.

Anyone can apply to the High Court to have the role declared vacant if they think the new police and crime commissioner is disqualified from carrying out the role. 

If Mr Seed is elected on Monday, it looks increasingly likely that a new election will have to be held.

That raises questions about who will act as police and crime commissioner in the meantime.

Current commissioner Angus Macpherson’s term of office comes to an end on Wednesday. It is unclear whether that term of office will be extended.