Election Petition

GOV.UK guidance sets out who can bring a challenge and on what grounds. A UK Parliament election can be challenged by someone who 'had the right to vote in it' or 'was a candidate', while a local government election can be challenged by a candidate or by 'a group of at least 4 people who had the right to vote in the election'. The standard deadline is tight: 'You must usually apply within 21 days' of the result being returned (for a UK Parliament seat) or of the local election being held, though a judge may extend this where the complaint concerns 'corrupt or illegal practices, for example bribery' or election expenses, such as where 'you think the winner spent more than they were allowed'. The challenge itself is made by issuing an election petition with the Election Petitions Office, which must set out why the challenger is entitled to bring it, the date and result of the election, the reason for the challenge - for example that 'the votes were not counted correctly' - and the remedy sought, such as a recount.

Bringing a petition carries real financial exposure. The petitioner must pay '£663 to issue a petition' plus '£126 to apply for 'security for costs'' (a payment that covers the cost of the case going to court), and must personally sign the petition - 'You cannot ask a solicitor to sign it for you'. Once the petition is stamped, it must be served on the respondents - who must always include the winning candidate - within 5 working days of paying the security for costs, together with copies sent to the Director of Public Prosecutions. At the hearing, a judge can appoint a commissioner to manage the case, who examines the evidence (including, where relevant, checking the ballot papers); if the commissioner considers a trial is needed it is normally held in the constituency where the result is being challenged, with both sides able to call witnesses. There is no right of appeal against the outcome: 'You cannot appeal the decision.'