The Crown Prosecution Service has authorised police to charge the former Conservative Police & Crime Commissioner candidate with making a false declaration.
In May, Jonathan Seed was elected to be the Swindon and Wiltshire PCC after it was revealed he could not take up office due to a historic drink driving offence.
After the elections Wiltshire Police asked Thames Valley Police to head up an investigation into the circumstances around the vote – and in July sought the advice of the CPS.
Rosemary Ainslie, head of Special Crime at the CPS, said: “The Crown Prosecution Service has today authorised police to charge Jonathan Seed with making a false declaration in the nomination papers for the Wiltshire 2020 Police & Crime Commissioner elections.
“The charge relates to an allegation that he made a false declaration that he was not disqualified from election as a Police & Crime Commissioner.
“The CPS made the decision that he should be charged after reviewing a file of evidence from Thames Valley Police.
“The CPS reminds all concerned that criminal proceedings against this defendant are active and that he has the right to a fair trial.
“It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice proceedings.”
Mr Seed is due to appear at Oxford Magistrates’ Court on October 19.