Challenge of Election Results in UK Law

Leading Cases
  • Conservative and Unionist Party v Election Commissioner
    • Queen's Bench Division (Administrative Court)
    • 19 Feb 2010

    But these considerations simply cannot overcome the plain words of the exception in section 154(1), to say nothing of the words “[s]ubject to the provisions of this or any other enactment” in section 51(1) of the 1981 Act and the words “subject to the provisions of this Act” in sections 123(2) and 157(3).

  • Morgan v Simpson
    • Court of Appeal
    • 18 Jul 1974

    1. If the election was conducted so badly that it was not substantially in accordance with the law as to elections, the election is vitiated, irrespective of whether the result was affected, or not. That is shown by the Hackney case, where two out of nineteen polling stations were closed all day, and 5,000 voters were unable to vote.

    2. If the election was so conducted that it was substantially in accordance with the law as to elections, it is not vitiated by a breach of the rules or a mistake at the polls - provided that it did not affect the result of the election. That is shown by the Islington case where fourteen ballot papers were issued after 8 p.m.

  • Ahmed v Kennedy; Ullah v Pagel
    • Court of Appeal
    • 12 Dic 2002

    Mr Millar QC for the respondents submits to the contrary that Part III of the Act and the Rules made under it together comprise a discrete and purpose-built statutory scheme which covers the High Court's role in the procedure and that where the legislation intends to provide for the softening of any mandatory requirement it expressly says so, as in rule 19.

    Flexibility and discretion are all very well but there is merit too in certainty, not least in the field of electoral challenge. It is undesirable to have someone serving in a public office with doubts surrounding the legitimacy of his election.

  • The Representation of the People Act 1983
    • Queen's Bench Division
    • 26 Nov 2008

    It would be wrong in principle to adopt an interpretation of the 1960 Rules which placed conditions upon the presentation of valid petitions which were more restrictive than necessary to achieve the certainty that is required, and which obstructed the determination of what opinion the people had expressed.

  • R (Begum (Sultana)) v Tower Hamlets London LBC
    • Court of Appeal
    • 02 May 2006

    It is important to note that it is the duty of the nominee, either himself or through an agent, to present valid nomination papers in time. On the facts of this case the respondents failed to discharge that duty. Moreover, whatever can be said about the failings on the part of the returning officer, the deputy returning officer or their staff, the respondents' responsibility to put the correct information on the forms was at no stage transferred to the returning officer.

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Books & Journal Articles
  • Web mining for the mayoral election prediction in Taiwan
    • Núm. 69-6, Noviembre 2017
    • Aslib Journal of Information Management
    • 688-701
    Purpose: The prediction of pre-election polls is an issue of concern for both politicians and voters. The Taiwan nine-in-one election held in 2014 ended with jaw-dropping results; apparently, tradi...
  • Ronald Reagan and the Politics of Declining Union Organization
    • Núm. 40-3, Septiembre 2002
    • British Journal of Industrial Relations
    New union members in the United States are typically gained through workplace elections. We find that the annual number of union elections fell by 50 per cent in the early 1980s. A formal model ind...
  • Do women only talk about “female issues”? Gender and issue discussion on Twitter
    • Núm. 40-5, Septiembre 2016
    • Online Information Review
    • 660-672
    Purpose: Recent research has shown that female US House candidates were more likely to talk about so-called “female issues” on Twitter during the 2012 election (Evans and Clark, 2015). In this pape...
  • The long road back for Labour in Scotland.
    • Nass, Lina
    ....... A few days before the election in December 2019 I knocked on the door of an .... The 2019 election result does not challenge the Labour left's diagnosis. Yet why was our ..., who claimed Labour would respect the results of neither of the recent constitutional ......
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Law Firm Commentaries
  • The UK general election result – what next for Brexit?
    • LexBlog United Kingdom
    Introduction Today, the UK woke up to the news that the general election result was a hung Parliament with no political party gaining an overall majority in the House of Commons. The official elect...
    ......The official election results were: Conservatives – 318 seats Labour – 261 seats Scottish ...On 29 May 2017, it was reported in the press that a legal challenge in Ireland on whether Article 50 could be revoked was dropped. The papers ......
  • The Tech Challenge: Why UK Political Parties Are Struggling
    • Mondaq United Kingdom
    ......  Reed was President Obama's Chief Technology Officer at the last election and together with a number of others revolutionised the ways that ans work with technology to campaign.  Their results were spectacular and the fresh thinking they brought to campaigning showed ......
  • What dealmakers need to know about the UK election result and its impact on UK investing in 2020
    • JD Supra United Kingdom
    The result of the UK’s third general election in less than five years marks a significant shift in the political landscape in the world’s 5th biggest economy. After nearly a decade marked by politi...
  • And They're Off...
    • Mondaq UK
    ...... be dominated by the forthcoming General Election in May. The result of this election is likely to ... valuable properties will be watching the results of the election very carefully. In general, the ... the GAAR deployed and it is intended to challenge 'only egregious, or very aggressive, tax ......
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