Law Commissions call for election law streamlining

Reforms to modernise the UK's "Victorian" election laws and bring them into a single, consistent legislative framework are recommended today in a joint report by the Scottish Law Commission and the Law Commission for England & Wales.

In addition to streamlining and clarifying the law, the proposed changes include simplifying the nomination process, adding imprinting for digital advertisements and updating the circumstances that could result in a poll being suspended.

The report follows a joint project by the two Commissions, agreed with Government following a public consultation exercise. It does not cover issues such as electoral boundaries, voter identification at the poll, or the regulation of national campaigns, which were considered too political in nature for the Law Commissions to look at.

Electoral law in the UK is currently spread across 25 major statutes. The main 1983 statute re-enacts provisions dating back to Victorian times, and new elections introduced since have copied much of it across into other legislation, meaning that any further amendments now have to be made to multiple enactments. As a result the law has become increasingly complex and fragmented, and difficult to use. The reforms are designed to reduce the confusion around the electoral process and introduce a range of improvements to ensure that elections are fit for purpose in the 21st century.

The recommendations include:

• Rationalising the current laws governing elections into a single, consistent legislative framework with consistent electoral laws across all elections, except where there are clear and necessary differences, for example due to different voting systems. 
• Reform over the conditions required for suspending polls. Currently, polling can only be suspended by a presiding officer in response to rioting and open violence, but the recommendations would allow for any incident where a significant portion of electors are affected and unable to vote, including flooding and adverse weather or an act of terrorism. 
• Introducing one single set of nomination papers for candidates, replacing the current confusing mixture of forms and authorisations, and to make candidates responsible for delivering these to the returning officer. Currently, a UK parliamentary nomination involves up to seven different forms. Some are sent by the party nominating officer, and some by the candidate; some must be delivered by hand, and others can be delivered by post.
• Requiring digital imprints for online campaign material, including for social media advertisements. This would include who has paid for the advert, as is the case for leaflets and traditional advertisements.
• Improving how election results can be challenged. Returning officers would have power to bring challenges, and the court would be able to weed out ill founded claims that waste court time. Parties should also be able to rely on protective costs orders (protective expenses orders in Scotland), to limit their exposure to costs.
• A single set of electoral offences set out in primary legislation, which should apply to all elections. This would include a simplified offence of bribery, for anyone acting with an intention to procure or prevent the casting of a vote at an election.

Lady Paton, chair of the Scottish Law Commission, commented: "For both Scotland and the wider UK, it’s vital that the law on elections is easy to administer, accessible and user-friendly.

"These reforms will achieve this, ensuring elections work and are fit for the 21st century. Our recommendations also take into account the emerging devolutionary framework for Scotland."

Nicholas Paines QC, Public Law Commissioner at the Law Commission of England & Wales said: "Elections are fundamental to democracy yet the laws governing them are no longer fit for purpose. If left as they are, there is a very real risk of the electoral process losing credibility which could be catastrophic."

Sir John Holmes, chair of the Electoral Commission, added: "The Electoral Commission has worked closely in support of the Law Commissions, and welcomes this final report. Without clear and up-to-date electoral laws, there is a risk to the effective delivery of elections, and the confidence of electors in the process can be undermined. The Law Commissions’ recommendations are comprehensive and have widespread support from electoral administrators, political parties and campaigners.

"I very much hope the UK’s Governments and Parliaments will now work towards a consolidated and consistent legislative framework that will improve our electoral processes for all involved."

The report and recommendations have been delivered to the Cabinet Office and the Scottish ministers, who will provide an interim response in due course.

Click here to access the report.