While we watch events anxiously in the US, how robust is our own electoral system? I suspect few people are aware that the UK Law Commissions recently produced a report on electoral law, which isn't encouraging. 1/11
This is it: https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2020/03/6.6339_LC_Electoral-Law_Report_FINAL_120320_WEB.pdf.
And here's the introduction. 2/11
And here's the introduction. 2/11
It gives an impression of a creaking system, with clear opportunities for abuse. Why for example does a local authority have the power to determine polling districts and the location of polling stations, given that councils are run by politicians with a vested interest? 3/11
Even the experienced lawyers involved struggled to unpick the confusing layers of legislation that govern electoral registration, which have led to errors in the past - & who knows what errors now? 4/11
Many provisions are hopelessly out-of-date. For example, a poll can only be adjourned where there is rioting or "open" violence. There are dangers as well as practical drawbacks with laws that can't cope with modern realities: the laws will get stretched, & possibly abused. 6/11
Another Victorian relic: the offence of "treating".
(Presumably plying with vegetables is okay.) 8/11
(Presumably plying with vegetables is okay.) 8/11
And another: "temporal or spiritual injury".
(Note that this is a "corrupt practice", rather an "illegal practice"... in case you were wondering.)
9/11
(Note that this is a "corrupt practice", rather an "illegal practice"... in case you were wondering.)
9/11
Finally, mistakes or deliberate flouting of the rules that might lead to invalid results are extremely hard to investigate and fix, because of the unreformed laws governing "election courts". 10/11
There's plenty more. What are the prospects of any of the necessary reforms being introduced soon? Here's the Government's response: https://publications.parliament.uk/pa/cm5801/cmselect/cmpubadm/327/32703.htm. 11/11