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 (Civil Division)
    • 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 (Civil Division)
    • 12 Dec 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 (Civil Division)
    • 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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Legislation
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... polling day for a parliamentary general election; and. . . the "relevant period" is the period ... under this section may publish the results of the investigation. 4 . The Pubs Code ... SCH-9.7 .   . 7 . (1) Section 6 (challenge of decisions) is amended as follows. . (2) In ......
  • Finance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......S-16 . Election for loan charge to be split over three tax years .... (4) Where the deduction at Step 2 results in a negative value the adjusted amount is nil. . ... But it is not open to the individual to challenge the existence or amount of any tax liability of a ......
  • Referendums (Scotland) Act 2020
    • Scotland
    • January 01, 2020
    ...... in a period, any extraordinary general election in that period is to be disregarded unless it is one which results in section 3(3) of the Scotland Act 1998 having ... S-39 . Restriction on legal challenge to referendum result 39 Restriction on legal ......
  • The Scottish Parliament (Elections etc.) Order 2015
    • UK Non-devolved
    • January 01, 2015
    ...... 44.Questions to be put to voters . 45.Challenge of voter . 46.Voting procedure . 47.Votes marked by presiding officer . ... 61.Conveying results of count etc. to RRO . PART 4 FINAL PROCEEDINGS IN CONTESTED AND ......
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Books & Journal Articles
  • The 1976 Election and the American Political System
    • Nbr. 25-2, June 1977
    • Political Studies
    The elections, remembered as the first in which an incumbent President was defeated since 1932, show other characteristics inconsistent with usual interpretations. The Democratic Party's selection ...
    ...... Analysis of the results refutes many common conclusions. The popular vote was not as close ... Republicans still challenge strongly for the Presidency but consistently fail elsewhere. I. The ......
  • Dilemmas of Electoral Clientelism: Taiwan, 1993
    • Nbr. 28-2, March 2007
    • International Political Science Review / Revue internationale de science politique
    For many years, studies of electoral clientelism regarded clients as the captive votes of patrons. In recent years, this conventional wisdom has come under challenge, as scholars have come to recog...
    ...... conventional wisdom has come under challenge, as scholars have come to recognize the ... uses the case of the 1993 Taiwan election to offer the fi rst ever systematic data on ..., combined with district electoral results, demonstrate considerable leakage in this ......
  • Stalin’s terror and the long-term political effects of mass repression
    • Nbr. 55-2, March 2018
    • Journal of Peace Research
    Repression has a long-term negative effect on political participation. Using millions of arrest records from archival documents, and polling station-level election results, we examine how exposure ...
    ...... documents, and polling station-level election results, we examine how exposure to Stalin-era ... repression for political behavior, and challenge the emerging view that exposure to violence ......
  • The Only (Other) Poll That Matters? Exit Polls and Election Night Forecasts in BBC General Election Results Broadcasts, 1955–2017
    • Nbr. 69-2, May 2021
    • Political Studies
    This article examines the role of results forecasts and exit polls in BBC general election night broadcasts from 1955 to 2017. Despite the substantial role played by academics in results programmes...
    ...... and briefly explain how methodological innovations and technological advances have enabled researchers to respond to the considerable challenges of produc- ing on-the-night forecasts. Election night forecasting has been a feature of BBC coverage of UK general elec - tions since 1950, when ......
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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...
    ......The . challenge for business will be understanding where the Government is really keen to ...see www.hoganlovells.com. Where case studies are included, results achieved do not guarantee similar outcomes . for other clients. Attorney ......
  • 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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