Election court
Encyclopedia
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.
. They are overseen by a rota of High Court
(in England and Wales) or Court of Session
(in Scotland) judges.
The Election Court is established following the presentation, to the High Court or Court of Session, of an election petition
challenging the result of the election. The constitution of the Court differs depending on whether the election being challenged is for a seat on a local council
or in Parliament
. In the case of a Parliamentary election, the Court comprises two of the High Court or Court of Session judges who are on the rota. In the case of a local government election in England and Wales, the judges appoint an experienced barrister
as a Commissioner to hear the case. In the case of a council election in Scotland, the case is heard by one or more sheriff principal
s. The Court sits in the parliamentary constituency, or in the local government area, in question. The Election Court ceases to exist when the case is concluded.
After the judges trying a petition against the result of a Parliamentary election have determined whether the successful candidate was validly elected or not, they issue a certificate of their decision to the Speaker of the House of Commons. If the two judges disagree as to whether the election is valid, the original result of the election stands. In the case of a local government election in England and Wales, the Commissioner issues a certificate of their decision to the High Court (in Scotland, the Commissioner's determination does not need to be certified to the Court of Session).
In either case, if the Election Court considers that corrupt practices
have taken place during the election, it also issues a report (to the Speaker or the High Court, as the case may be) stating whether it finds any candidate in the election guilty, either personally or by his agents, of corrupt practices. The effect of such a report is that the candidate's election is void (if he had been successful originally), and he is prohibited from holding any elected office for five years; in the case of some corrupt practices he may also be prohibited from voting in any election for the same period.
.
Two election petition
s 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.
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...
election law
Election law
Election law is a discipline falling at the juncture of constitutional law and political science. It researches "the politics of law and the law of politics"...
, a special court convened to hear a petition
Election petition
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.- Outcomes :...
against the result of a local government or Parliamentary
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
. The court is created to hear the individual case, and ceases to exist when it has made its decision.
Statutory basis
Election Courts are now governed by the Representation of the People Act 1983Representation of the People Act 1983
The Representation of the People Act 1983 is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways:* Amended the Representation of the People Act 1969....
. They are overseen by a rota of 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...
(in England and Wales) or Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(in Scotland) judges.
The Election Court is established following the presentation, to the High Court or Court of Session, of an election petition
Election petition
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.- Outcomes :...
challenging the result of the election. The constitution of the Court differs depending on whether the election being challenged is for a seat on a local council
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
or in Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
. In the case of a Parliamentary election, the Court comprises two of the High Court or Court of Session judges who are on the rota. In the case of a local government election in England and Wales, the judges appoint an experienced barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
as a Commissioner to hear the case. In the case of a council election in Scotland, the case is heard by one or more sheriff principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...
s. The Court sits in the parliamentary constituency, or in the local government area, in question. The Election Court ceases to exist when the case is concluded.
Procedure
The Election Court tries the petition without a jury, and has all the powers of the High Court or Court of Session. Witnesses give evidence on oath, and a witness is not excused from answering a question even if the answer would incriminate him, although the answer cannot be used against him in any subsequent criminal proceedings (except in the case of a charge of perjury). The trial itself is preceded by 'The Scrutiny' in which the ballot papers are examined by an officer of the Court (or, in rare cases, by the Court itself) in order to establish a factual basis for the trial. The Scrutiny may be attended by the parties and their lawyers, who can make representations to the person carrying out the Scrutiny.After the judges trying a petition against the result of a Parliamentary election have determined whether the successful candidate was validly elected or not, they issue a certificate of their decision to the Speaker of the House of Commons. If the two judges disagree as to whether the election is valid, the original result of the election stands. In the case of a local government election in England and Wales, the Commissioner issues a certificate of their decision to the High Court (in Scotland, the Commissioner's determination does not need to be certified to the Court of Session).
In either case, if the Election Court considers that corrupt practices
Corrupt practices
Corrupt practices in English election law includes bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation.- English election law :...
have taken place during the election, it also issues a report (to the Speaker or the High Court, as the case may be) stating whether it finds any candidate in the election guilty, either personally or by his agents, of corrupt practices. The effect of such a report is that the candidate's election is void (if he had been successful originally), and he is prohibited from holding any elected office for five years; in the case of some corrupt practices he may also be prohibited from voting in any election for the same period.
Appeal
There is no appeal from an Election Court on a question of fact, but questions of law may be reviewed by the High Court or Court of Session by way of judicial reviewJudicial 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...
.
Recent cases
Recent cases in which Election Courts have ruled on the validity of elections include local government elections:- for the Aberman South ward of Rhondda Cynon Taf County Borough Council held on 23 November 1995
- for the Bordesley GreenBordesley GreenBordesley Green is an inner-city area of Birmingham, England about two miles south-east from the city centre. It also contains a road of the same name. It is also a ward in the formal district of Hodge Hill. Neighbouring areas include, Alum Rock, Saltley, Small Heath and Yardley.Heartlands Hospital...
and AstonAstonAston is an area of the City of Birmingham, in the West Midlands of England. Lying to the north-east of the Birmingham city centre, Aston constitutes an electoral ward within the council constituency of Ladywood.-History:...
wards of the BirminghamBirminghamBirmingham is a city and metropolitan borough in the West Midlands of England. It is the most populous British city outside the capital London, with a population of 1,036,900 , and lies at the heart of the West Midlands conurbation, the second most populous urban area in the United Kingdom with a...
City Council held on 10 June 2004 - for the Aston ward of Birmingham City Council in May 2007
- for the Central Borough ward of SloughSloughSlough is a borough and unitary authority within the ceremonial county of Royal Berkshire, England. The town straddles the A4 Bath Road and the Great Western Main Line, west of central London...
Borough Council held on 3 May 2007.
Two election petition
Election petition
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.- Outcomes :...
s 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.