IN THE MATTER OF THE REPRESENTATION OF THE PEOPLE ACT 1983

IN THE MATTER OF THE REPRESENTATION OF THE PEOPLE ACT 1983

Despite admitted breaches of election rules, including wrongful enfranchisement of voters, improper handling of the Corresponding Number List, counting a ballot with identifying marks, and administrative errors, the election was conducted substantially in accordance with electoral law. The breaches did not affect the result, and cumulatively were not sufficient to render the election a sham or travesty. The petition is therefore dismissed.

Parties
Petitioner: Susan Babington; Petitioner: Martin Blakey; Petitioner: Sarah Chester; Petitioner: Lesley Wright; Respondent: Jessica Cooper; Respondent: Stewart Ferris; Respondent: Joanna Mason; Respondent: Janet Waggott
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Election Petition / Judgment
Outcome
petition dismissed
Legal Topics
Substantial Compliance, Breach of Election Rules, Voter Eligibility, Electoral Process Integrity, Costs in Election Petitions
Election Law Administrative Law Substantial Compliance Breach of Election Rules Voter Eligibility Electoral Process Integrity Costs in Election Petitions

Case Brief

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Parties

Susan Babington

Petitioner

Martin Blakey

Petitioner

Sarah Chester

Petitioner

Lesley Wright

Petitioner

Jessica Cooper

Respondent

Stewart Ferris

Respondent

Joanna Mason

Respondent

Janet Waggott

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether breaches of election rules rendered the election not substantially in accordance with electoral law
  2. 2 Whether the breaches affected the result of the election
  3. 3 Whether cumulative breaches vitiate the election

Ratio Decidendi

Despite admitted breaches of election rules, including wrongful enfranchisement of voters, improper handling of the Corresponding Number List, counting a ballot with identifying marks, and administrative errors, the election was conducted substantially in accordance with electoral law. The breaches did not affect the result, and cumulatively were not sufficient to render the election a sham or travesty. The petition is therefore dismissed.

Court Disposition

petition dismissed

Orders

  • The petition is dismissed.
  • The fourth respondent (Returning Officer) to pay the petitioners’ costs, subject to detailed assessment if not agreed.