Election petition
Encyclopedia
An election petition refers to the procedure for challenging the result of a Parliamentary
election or local government election in the United Kingdom
and in Hong Kong
.
, with scandalous partiality, but under the Grenville Act of 1770
(10 Geo III. c. 16), and other later acts, by select committees, so constituted as to form a more judicial tribunal. The influence of party bias, however, too obviously prevailed until 1839, when Robert Peel
introduced an improved system of nomination, which distinctly raised the character of election committees; but a tribunal constituted of political partisans, however chosen, was still open to jealousy and suspicion, and at length, in 1868, the trial of election petitions was transferred to judges of the superior courts, to whose determination the House gives effect, by the issue of new writs or otherwise. The House, however, still retains and exercises its jurisdiction in all cases not relegated, by statute, to the judges.
Petitions, which resulted in the election in a constituency being held void used to be common after every general election, but are now rare.
When an election was held void the House of Commons could seat another candidate, order a new writ issued to fill the vacancy or leave the writ unissued for a time, thus suspending the representation of a constituency. As the tolerance of corrupt elections became less during the 18th and 19th centuries, boroughs found to be corrupt could be punished by either changing the area and the qualifications for voting or disenfranchising the constituency completely.
was disqualified from taking up his seat after a by-election
by an election court
because he held a peerage.
In 1982, Seamus Mallon
was disqualified from taking his seat in the Northern Ireland Assembly as he was a member of Seanad Éireann
, the upper chamber of the parliament of the Republic of Ireland
, at the time of his election.
A recent example of an election being held void was when the 1997 election of Member of Parliament
for Winchester
, Mark Oaten
, (Liberal Democrat) was contested by the Conservative Party
candidate Gerry Malone
. Oaten had won the seat by two votes, with 55 ballot papers had been rejected by the returning officer
because they had not been stamped properly. Malone lodged an election petition in the High Court
to contest the outcome. The petition was dealt with by special case in which Oaten joined. On 6 October 1997 Lord Justice Brooke ruled that the election was void: by a 1974 precedent the failure to stamp the ballots may have been the result of polling station staff forgetting, and had they been counted, Malone would have had a majority of two over Oaten.
Two election petitions were lodged after the General Election on 6 May 2010. The defeated Independent Rodney Connor, who lost in Fermanagh and South Tyrone
by four votes has lodged a petition seeking a recount with scrutiny, and the case began on 13 September 2010.
In the Oldham East and Saddleworth constituency, the defeated Liberal Democrat candidate Elwyn Watkins petitioned against the election of Phil Woolas
, a former Labour Minister, alleging that the result was affected by false statements of fact about his personal character. The Election Court which heard the case ordered a re-run of the election in Woolas' constituency after finding him guilty of making false statements against his opponent during the original campaign. Phil Woolas sought a judicial review
of the decision in the High Court, but was unsuccessful overall as that Court upheld the decision of the Election Court in relation to two statements, whilst quashing the decision in relation to a third.
A petition has also been lodged against the result in the Waddon
ward in the London Borough of Croydon
at the local elections held on 6 May 2010
. The petition concerns allegations that not all voters who wished to vote on election day were allowed to vote.
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
election or local government election in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
.
Outcomes
When a petition is a lodged against an election return, there are 4 possible outcomes:- The election is declared void. The result is quashed and a writ is issued for a new election
- The election is held to have been undue: the original return is quashed, and another candidate is declared to have been elected.
- The election is upheld, and the member returned is found to have been duly elected.
- The petition is withdrawn. This may occur when the petitioner fails to attend a hearing, or when Parliament is dissolved before the petition process is complete
History
Controverted elections had been originally tried by select committees, afterwards by the Committee of Privileges and Elections, and ultimately by the whole House of CommonsBritish House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, with scandalous partiality, but under the Grenville Act of 1770
Parliamentary Elections Act 1770
The Parliamentary Elections Act 1770 is an Act of the Parliament of Great Britain . The Act transferred the power of trying election petitions from the House of Commons to the Judiciary. All contested elections were to be considered by a committee of thirteen members selected by ballot...
(10 Geo III. c. 16), and other later acts, by select committees, so constituted as to form a more judicial tribunal. The influence of party bias, however, too obviously prevailed until 1839, when Robert Peel
Robert Peel
Sir Robert Peel, 2nd Baronet was a British Conservative statesman who served as Prime Minister of the United Kingdom from 10 December 1834 to 8 April 1835, and again from 30 August 1841 to 29 June 1846...
introduced an improved system of nomination, which distinctly raised the character of election committees; but a tribunal constituted of political partisans, however chosen, was still open to jealousy and suspicion, and at length, in 1868, the trial of election petitions was transferred to judges of the superior courts, to whose determination the House gives effect, by the issue of new writs or otherwise. The House, however, still retains and exercises its jurisdiction in all cases not relegated, by statute, to the judges.
Petitions, which resulted in the election in a constituency being held void used to be common after every general election, but are now rare.
When an election was held void the House of Commons could seat another candidate, order a new writ issued to fill the vacancy or leave the writ unissued for a time, thus suspending the representation of a constituency. As the tolerance of corrupt elections became less during the 18th and 19th centuries, boroughs found to be corrupt could be punished by either changing the area and the qualifications for voting or disenfranchising the constituency completely.
Cases
In 1961, Tony BennTony Benn
Anthony Neil Wedgwood "Tony" Benn, PC is a British Labour Party politician and a former MP and Cabinet Minister.His successful campaign to renounce his hereditary peerage was instrumental in the creation of the Peerage Act 1963...
was disqualified from taking up his seat after a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
by an election court
Election court
An Election Court is, in United Kingdom election law, a special court convened to hear a petition against the result of a local government or Parliamentary election. The court is created to hear the individual case, and ceases to exist when it has made its decision.- Statutory basis :Election...
because he held a peerage.
In 1982, Seamus Mallon
Seamus Mallon
Seamus Frederick Mallon born 17 August 1936, in Markethill, County Armagh, is an Irish politician and former Deputy Leader of the nationalist Social Democratic and Labour Party in Northern Ireland...
was disqualified from taking his seat in the Northern Ireland Assembly as he was a member of Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
, the upper chamber of the parliament of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, at the time of his election.
A recent example of an election being held void was when the 1997 election of Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Winchester
Winchester (constituency)
Winchester is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.-Boundaries:...
, Mark Oaten
Mark Oaten
Mark Oaten is a former British Liberal Democrat politician. He served as the Member of Parliament for Winchester from 1997 to 2010, and was his party's Home Affairs spokesperson from 2003 to 2006...
, (Liberal Democrat) was contested by the Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
candidate Gerry Malone
Gerry Malone
Peter Gerald "Gerry" Malone MA, LLB is a British Conservative politician who was an MP from 1983–87 and 1992–97.Born in Glasgow, Malone was educated at St Aloysius' College, Glasgow, and the University of Glasgow...
. Oaten had won the seat by two votes, with 55 ballot papers had been rejected by the returning officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
because they had not been stamped properly. Malone lodged an election petition in the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
to contest the outcome. The petition was dealt with by special case in which Oaten joined. On 6 October 1997 Lord Justice Brooke ruled that the election was void: by a 1974 precedent the failure to stamp the ballots may have been the result of polling station staff forgetting, and had they been counted, Malone would have had a majority of two over Oaten.
Two election petitions were lodged after the General Election on 6 May 2010. The defeated Independent Rodney Connor, who lost in Fermanagh and South Tyrone
Fermanagh and South Tyrone (UK Parliament constituency)
Fermanagh and South Tyrone is a Parliamentary constituency in the British House of Commons. The current MP for the constituency is Michelle Gildernew of Sinn Féin....
by four votes has lodged a petition seeking a recount with scrutiny, and the case began on 13 September 2010.
In the Oldham East and Saddleworth constituency, the defeated Liberal Democrat candidate Elwyn Watkins petitioned against the election of Phil Woolas
Phil Woolas
Philip James Woolas was a British Labour Party politician who was the Member of Parliament for Oldham East and Saddleworth from his election in 1997 to 2010. He was the Minister of State for Borders and Immigration in the Home Office, as well as being the Minister of State for the Treasury...
, a former Labour Minister, alleging that the result was affected by false statements of fact about his personal character. The Election Court which heard the case ordered a re-run of the election in Woolas' constituency after finding him guilty of making false statements against his opponent during the original campaign. Phil Woolas sought a judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of the decision in the High Court, but was unsuccessful overall as that Court upheld the decision of the Election Court in relation to two statements, whilst quashing the decision in relation to a third.
A petition has also been lodged against the result in the Waddon
Waddon
Waddon is a place in the London Borough of Croydon, to the south west of central Croydon on the borders of the London Borough of Sutton. Waddon has an older area with 19th century properties, some even older, close to central Croydon. Further south is a large estate of Council-owned homes and a...
ward in the London Borough of Croydon
London Borough of Croydon
The London Borough of Croydon is a London borough in South London, England and is part of Outer London. It covers an area of and is the largest London borough by population. It is the southernmost borough of London. At its centre is the historic town of Croydon from which the borough takes its name...
at the local elections held on 6 May 2010
United Kingdom local elections, 2010
The 2010 United Kingdom local elections were held on Thursday 6 May 2010, when the 2010 general election also took place. Direct elections were held to all 32 London boroughs, all 36 metropolitan boroughs, 76 second-tier district authorities, 20 unitary authorities and various Mayoral posts, all in...
. The petition concerns allegations that not all voters who wished to vote on election day were allowed to vote.