UK Elections
The Political Parties, Elections and Referendums Act of 2000 established an Electoral Commission. The Electoral Commissioners are appointed by the Crown and regulate party finances, political parties, and election standards. They prepare reports on general elections as well as Assembly and European elections. They also keep under review the registration of political parties, political expenditure, advertising, and the division of seats.
Parties must be registered with the Commission so that their name may be used in relation to a candidate in the context of an election or ballot.
Prior to 1832, the right to vote was extremely limited. The famous so-called Representation of the People Act of 1832, as it was later named, substantially increased the franchise, although it still represented less than 10% of the population. The Reform Act of 1867 doubled the number of electors (all male), including skilled and unskilled male laborers, on the basis of property ownership.
The Representation of the People Act of 1918 provided for full franchise for men in parliamentary elections and for men over 21 and women over 30, who were local government electors or wives of local government electors. Full equality followed in 1928 with full equality for all persons enacted in the Representation of the People’s Act of 1948.
The Representation of the People Act of 1983 defines eligibility to vote based primarily on residence on the relevant date. Electors may be registered based primarily on residence. A declaration of local connection is required in addition to registration, which must provide details of an address within the requisite time. The person must also show entitlement to vote by virtue of citizenship, and this must be filed within three months of its date.
Persons are eligible to vote in parliamentary elections if they are aged over 18 years, are British citizens, Commonwealth citizens with a right to remain in the United Kingdom indefinitely, or Republic of Ireland citizens. They must be residents with a connection to a constituency and be registered on the electoral register for that constituency.
A person may not vote more than once in the same constituency or in more than one constituency. A person may be registered in more than one constituency but must choose in which one to vote.
Certain categories of people are disqualified, including aliens, members of the House of Lords, convicted prisoners in detention, mental patients detained compulsorily, and persons convicted of certain serious electoral offenses.
The ban on all prisoners voting was held to be contrary to the European Convention on Human Rights. The legislation proposes to limit the prohibition to more serious offenses.
There is provision for postal voting. Persons who seek to register for proxy or postal voting must provide personal identification and other identifying information and must register with personal identification. They must also vote with particulars and security identifiers when they vote.
The political legislation of the 2009 Act provides for assistance for persons with disabilities in voting.
The Electoral Registration and Administration Act amends the system of electoral registration, requiring each elector to register individually to vote. It also increases the evidence of identity required.
The registration officer may require enhanced identity from those who seek to register to vote.
Fair elections are protected under the protocol to the European Convention on Human Rights. This is an element of freedom of expression.
The United Kingdom is divided into 650 constituencies, each electing a single member. The candidate who receives the most votes wins, and a majority is not required.
Boundary Commissions for England, Northern Ireland, Scotland, and Wales report every five years on constituency boundaries. In broad terms, there must be equality of vote value in voting. The Commission seeks to achieve broad equality within a band. Other geographical criteria are taken into account. Scotland, Wales, and Northern Ireland have a fixed number of seats and are apportioned accordingly.
Constituencies seek to respect local authority boundaries as much as possible. Geographic considerations may justify departure from a uniform number of votes.
In broad terms, there shall be approximately 76,000 voters per constituency, each with a variation of no more than 5%.
A number of judicial reviews have sought to challenge Boundary Commission’s proposals. The courts have been very reluctant to interfere unless there is clear evidence that there was no reasonable basis for the proposal.
Following the Fixed Parliament Act of 2011, elections must be held every five years. Five years is the maximum life of Parliament.
The Act provides that elections are to take place on the first Thursday in May every fifth calendar year. Election Day may be varied by up to two months by regulation.
An early election may take place if the Speaker of the House of Commons certifies that a motion of no confidence has been passed and 14 days have passed without confidence being expressed. Parliament is automatically dissolved 17 days before the date of the general election.
On the death or retirement of a member, a by-election is held. A motion for the hearing to commence the election procedure may be initiated by a member of the House of Commons. There is no strict time limit, but generally, three months is the recommended period.
Most persons are eligible to be candidates in parliamentary elections, except for persons disqualified under the House of Commons Disqualification Act of 1975. This includes holders of judicial office, most civil servants, members of the House of Lords, members of the police force, and members of legislative bodies outside the Commonwealth, except for Ireland. Commonwealth citizens who do not have a right to stay indefinitely in the United Kingdom and members of certain boards, agencies, and tribunals, statutory boards, tribunals, etc.
A candidate must be over 18 years of age and must not be bankrupt or subject to certain illnesses. The Representation of the People Act governs the conduct of election campaigns, limits expenditure, sets out unlawful electoral practices, and provides for court challenges to the legality of the procedure.
Corrupt practices include a range of offenses, such as bribery, threatening or intimidating electors, and exceeding limits on expenditure. A bribe includes any money, gift, or consideration that seeks to influence an elector. Treating includes providing benefits in kind with a view to influencing votes. Corrupt practices, if found, may invalidate the election of the candidate concerned.
There are limits on expenditure, and expenditures shall not be made other than by a candidate or through an election agent who must be appointed. The purpose is to achieve fairness between candidates and to regulate electoral expenditure.
Expenses must be entered for and returned to the returning officer, and there are limits to permissible electoral expenses. Direct expenditure must be incurred with the consent of the election agent and accounted for accordingly. More general political expenditure is not covered.
One-sixth of the seats in the country concerned are entitled to make election broadcasts and party political broadcasts. They must comply with Ofcom’s Codes.
Political advertisements are prohibited under the Communications Act in other circumstances, and the ban has been upheld under the European Convention on Human Rights.
An election court comprises High Court judges and has jurisdiction to deal with election petitions. An election court may rule on the lawfulness of the election, order a recount, declare that corrupt and illegal practices have taken place, qualify a candidate, declare that the person in second place has won, or order a new election. If the legality does not affect the outcome, it may not make any order.
Conversely, where a vote is narrow, the election is more likely to be declared void.
It is an illegal practice or an offense to publish, for the purpose of affecting the return of a candidate, any false statement or fact in relation to his personal character and conduct unless it is true or there are reasonable grounds for so believing.
The Registration and Political Parties Act of 1998 established a register of political parties. If a party seeks to have one or more candidates at parliamentary elections, whether Parliamentary reassembly or Scottish Parliament, they must register under the Act. Party political broadcasts may only be made by a registered political party, and the Electoral Commission maintains the register.
There is no state funding of political parties, unlike the position in some other countries. Parliamentary schemes provide funding for work done in the House of Commons and House of Lords, or for parliamentary business.
Candidates at elections are entitled to free postage to each elector or one communication. Certain relatively minor grants are paid by way of policy development grants to political parties by the Electoral Commission based on a formula.
Parties are generally dependent on the support of members and contributors.
The Political Parties, Elections, and Referendums Act of 2000, Part IV, deals with donations to political parties. It puts obligations on donors and parties. Donors must generally be identified, and it is an offense to do anything to facilitate or which is likely to facilitate making a donation by a person other than the permissible donor.
Reports are to be made quarterly and weekly before general elections, and the Electoral Commission maintains a register of donors. Permissible donations may be forfeited.
Expenditure may not be incurred by a registered party in relation to an election campaign other than by the treasurer or deputy treasurer or certain persons authorized by them. There are limits on expenditure in relation to general elections, European elections, and Assembly elections, including the election for the Northern Ireland Assembly.
Part V of the legislation sets out the limits on overall expenditure by parties in addition to expenditure that may be incurred by candidates in their constituencies.
There are limits on donations by corporations, trade unions, and other equivalent organized groups, and there is a fixed limit on contributions. Expenditure over the limits requires registration with the Electoral Commission as a recognized third-party on registration. Expenditure subject to prescribed limits must be notified to the Commission.
The Political Parties and Elections Act of 2009 enhances the position of the Electoral Commission. It is entitled to obtain access to information in relation to donations.
Donors making a donation of more than £7500 to national or local parties must make a declaration. Failure to make a declaration or to make a false declaration is an offense. Non-residents may not make donations of more than £7500.
The regional Assembly elections use different forms of proportional representation. The National Assembly for Wales and Scottish Parliament provide for an additional member list system. Northern Ireland, both in the Northern Ireland Assembly and in European Parliament, uses a single transferable vote. The European Parliament elections in the United Kingdom have a proportional representation system based on party lists.
The United Kingdom Parliament is elected on a “first-past-the-post” single constituency basis. The candidate who receives the most votes is elected, irrespective of the proportion of votes held.
The alternative vote system was proposed by referendum in the Parliamentary Voting Systems and Constituencies Act of 2011 but was rejected. This provides simply for a first and second preference. The lowest candidates are eliminated, and the votes are distributed to the second preference. The candidate’s process continues until one candidate is elected.
The additional member system provides for an additional proportion of members from a regional or national constituency based on the average number of votes for the party. Additional members are elected based on the proportion. Each elector votes in his local constituency and the regional/national constituency.