Electoral law reform needed

The Electoral Commission publishes today its responses to the Law Commission’s consultation on electoral law reform, which closes on Monday 17 September. To assist the consultation and encourage widespread responses, the Electoral Commission has also published two research papers. The first, a comparison of international electoral law and the second looks at challenging elections results.

In the UK, election results may be challenged by a candidate in the election or an elector by issuing legal proceedings known as ‘election petitions’. Those who wish to challenge an election result face a number of hurdles, which for many are likely to be insurmountable.

These barriers include the cost of bringing a petition, initial costs are over £5,500 and this could increase significantly where a court hearing is involved; the present complexities surrounding presenting and serving a petition and the legislative difficulties in establishing if there are grounds for a petition.

Electoral Commission Legal Counsel, Bob Posner says: "The law governing election petitions dates back to 1868 and is largely unchanged. A process that was created in the Victorian era is unlikely to be well-suited to elections held in the twenty-first century. In the last 150 years the UK has seen the expansion of the democratic franchise, an increase in the number and type of elections and the introduction of postal voting and the use of electronic communications; this all suggests that reform is urgently required."

The Electoral Commission observes that the high standards by which elections throughout the world are now assessed did not exist in 1868 and contends in the case of these international standards, the UK’s system is inconsistent.

A further obstacle to challenging election results is that while one candidate may challenge an election result, for local government elections at least four electors must agree to submit an election petition. Drawing a parallel with other laws, the Electoral Commission’s submission points out that there is no requirement for multiple applicants in the rules that govern judicial review challenge.

Bob Posner adds: "The constraints we highlight in our submission reflect the need for reform. Electoral law is a fundamental building block of our democracy, enabling decisions on who represents us and makes the laws that touch all our lives. The right to a transparent and accessible means of challenging election results is its guarantee. It could be argued that the current legislation casts election petition as an attack on the system. Far from it, they are its very defence and there shouldn’t be any inherent deterrents to remedying election irregularities."

Responses can be made at http://lawcommission.justice.gov.uk/consultations/1826.htm  

For further information please contact Johnny Skillicorn-Aston, Media Relations Officer, on 020 7271 0704. Out of Hours 07789 920414