Commissions seek streamlined electoral law

UK electoral law should be reformed into a single, consistent framework applying across all types of elections, according to provisional proposals put out for discussion by the three Law Commissions.

A discussion paper has now been published by the Law Commissions of England & Wales, Scotland and Northern Ireland, as part of their joint project which takes in the management and oversight of elections, notice of elections and the polling process, as well as registration of electors, management of postal voting applications, election offences, and how and when an election can be challenged.

All the Commissions' provisional proposals for reform, in the 14 chapters of t are founded on two principles:

• the laws governing elections should be rationalised into a single, consistent legislative framework governing all elections, and
• electoral laws should be consistent across all types of election.

The Commissions point out that electoral law in the UK is spread across 25 major statutes, and has become increasingly complex and fragmented, and difficult to use. The last century has seen a steady increase in the numbers and types of election, including referendums, each with its own set of rules and systems, and combining them to produce one election event introduces yet more layers of electoral laws.

Nicholas Paines QC, Law Commissioner for public law, who is leading the project for the Law Commission of England & Wales, said: "The price we pay as a democracy when the electoral process loses credibility is high and potentially catastrophic. 

"It is clear that electoral law is in need of reform. Inconsistencies and ambiguities risk undermining the credibility of our electoral process. The law must be simplified, modernised and rationalised so that it can be more easily understood and used by administrators and candidates, and public confidence in electoral administration can be strengthened.”

Lord Pentland, chairman of the Scottish Law Commission, commented: “The Scottish Law Commission entirely agrees that it has become essential for electoral law throughout the UK to be streamlined and put into a modern, accessible and user-friendly format, which is fit for the 21st century. We have, therefore, been delighted to participate fully in this important law reform project. We look forward greatly to receiving a wide range of responses to the consultation exercise.”

Click here to access the consultation documents. A summary is also provided. The consultation is open until 31 March 2015.