Challenge an election result

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1. When you can make a challenge

You may be able to challenge the result of an election if you think it was not run properly, for example the votes were not counted correctly or a candidate broke the law.

You can challenge a UK Parliament election if either of the following apply:

  • you had the right to vote in it
  • you were a candidate

You can challenge a local government election if either:

  • you바카라 사이트™re part of a group of at least 4 people who had the right to vote in the election
  • you were a candidate

The deadline

You must usually apply within 21 days of when:

  • the result of the UK Parliament election was returned to the Clerk of the Crown in Chancery
  • the local government election was held

A judge might let you apply after 21 days if:

  • you think there have been corrupt or illegal practices, for example bribery
  • your complaint is about election expenses, for example you think the winner spent more than they were allowed

2. How to make a challenge

To challenge an election you must apply to the Election Petitions Office. This is called issuing an election petition.

You바카라 사이트™ll need to send:

  • an election petition
  • an application to pay 바카라 사이트˜security for costs바카라 사이트™

The Election Petitions Office will stamp the petition before you send (바카라 사이트˜serve바카라 사이트™) it to the people you바카라 사이트™re complaining about (바카라 사이트˜the respondents바카라 사이트™). You can then apply to set a date for a hearing.

What to include in the petition

Your petition must say:

  • why you바카라 사이트™re allowed to challenge the election result
  • the date and result of the election
  • the reason you바카라 사이트™re challenging the result, for example you think the votes were counted incorrectly
  • what you would like to happen, for example a recount

For a UK Parliament election, you must also give the date the result was given to the Clerk of the Crown in Chancery. The person who oversaw the election (the 바카라 사이트˜returning officer바카라 사이트™) can tell you this.

You can use a template to help you write the petition.

You must sign the petition. You cannot ask a solicitor to sign it for you. If you바카라 사이트™re part of a group, you must all sign.

Application for 바카라 사이트˜security for costs바카라 사이트™

You바카라 사이트™ll need to make an application to pay 바카라 사이트˜security for costs바카라 사이트™. This covers the cost of going to court.

Fill in form N244 (the 바카라 사이트˜application notice바카라 사이트™) and send it with your petition.

Send your challenge

Send your petition and your application to pay 바카라 사이트˜security for costs바카라 사이트™ to the Election Petitions Office, along with your fees. The fees are:

  • £646 to issue a petition
  • £123 to apply for 바카라 사이트˜security for costs바카라 사이트™

Make your cheque or postal order payable to 바카라 사이트˜HM Courts and Tribunals Service바카라 사이트™.

You may be able to get help with court fees if you have little or no savings, are on certain benefits or have a low income.

The Election Petitions Office must receive your petition by the last day you바카라 사이트™re allowed to challenge the result.

Election Petitions Office
Room E105
Royal Courts of Justice
Strand
London
WC2A 2LL

Election Petitions Office
election_petitions@justice.gov.uk
Phone: 0207 947 6877
Find out about call charges

You can also hand in your petition in person. The Election Petitions Office is open on weekdays from 9:30am to 4:30pm.

On the last day you바카라 사이트™re allowed to apply, you can apply any time before midnight. Put your petition in the letterbox outside room E110 if the office is closed.

Call the Royal Courts of Justice if you need to get access to the letterbox.

Royal Courts of Justice
Phone: 0207 947 6000
Find out about call charges

You must make a statement (바카라 사이트˜swear an affidavit바카라 사이트™) the next working day in front of a solicitor or a notary public. Your statement must confirm the day and time when you put the petition in the letterbox.

3. Pay 'security for costs'

After you apply, the Election Petitions Office will tell you how much to pay for 바카라 사이트˜security for costs바카라 사이트™. The maximum is:

  • £5,000 for a UK Parliament election
  • £2,500 for a local government election
  • £1,500 for a parish council election

You can pay cash or give the names of up to 4 people (바카라 사이트˜sureties바카라 사이트™) who will guarantee to pay. You must do this within 3 working days of handing in the petition.

You바카라 사이트™ll usually get the 바카라 사이트˜security for costs바카라 사이트™ back if you win the case.

You might have to pay more if you lose the case or you decide to stop it.

4. Serve your election petition

You should only contact the people you바카라 사이트™re complaining about (바카라 사이트˜the respondents바카라 사이트™) once the Elections Petitions Office has stamped your petition. You must give (바카라 사이트˜serve바카라 사이트™) them the petition within 5 working days of paying the 바카라 사이트˜security for costs바카라 사이트™.

The person who won the election must be one of the respondents, even if you do not think they바카라 사이트™ve done anything wrong.

What you must send

Send each respondent copies of:

  • a letter (바카라 사이트˜notice of presentation바카라 사이트™) from your solicitor if you have one
  • the petition you sent to the Election Petitions Office
  • the letter from the Election Petitions Office showing the amount of 바카라 사이트˜security for costs바카라 사이트™ and how you바카라 사이트™re paying (cash or guarantees)
  • promises (바카라 사이트˜affidavits바카라 사이트™) from the people who guarantee to pay (바카라 사이트˜sureties바카라 사이트™) if relevant

You must also send copies to the Director of Public Prosecutions.

Director of Public Prosecutions
Rose Court
2 Southwark Bridge
London
SE1 9HS

You can send your documents:

  • in person
  • by first class post
  • through a solicitor

The court will consider documents to be served 2 days after they were posted if that바카라 사이트™s a working day, or the next working day if it is not.

5. What happens at the hearing and trial

Contact the Election Petitions Office to set the date for the hearing. You should do this within 28 days of your petition being stamped.

Election Petitions Office
election_petitions@justice.gov.uk
Phone: 0207 947 6877
Find out about call charges

If you do not apply to set a date for the hearing, the respondents will have 28 days to apply themselves. They can also make other requests, for example to cancel (바카라 사이트˜set aside바카라 사이트™) your petition.

A judge will set a date for the hearing if you and the respondents do not apply to set one.

At the hearing and trial

At the hearing a judge can appoint a commissioner to manage your complaint. The commissioner will look at the evidence, for example by checking the voting slips.

If the commissioner thinks there should be a trial, it will normally be at a court in the constituency where you바카라 사이트™re challenging the result.

At the trial you and the respondents will each present your cases to the commissioner. Both sides can call witnesses to give evidence.

It usually takes several weeks to get a judgment. You바카라 사이트™ll be called to a meeting with the commissioner to hear the decision.

You cannot appeal the decision.