Electoral reforms would bring elections into 21st century

The Law Commissions have argued that electoral reforms would reduce confusion and bring elections into the 21st Century.

Having published reforms to simplify, clarify and improve electoral law, the Law Commission of England and Wales and the Scottish Law Commission argue that the current state of electoral law in the UK has become increasingly fragmented and difficult to use. Many of the laws are found in the Representation of the People 1983 Act which originates from Victorian-era legislation.

If enacted, they say the reforms will 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. Amongst their recommendations, the Law Commissions suggest rationalising existing law into a single, consistent legislative framework, introducing reforms to online campaign material and updating the conditions required for suspending a poll.

Furthermore, they stress that, as new elections have been introduced, such as mayoral elections, new legislation is required to provide the election’s rules.

Nicholas Paines QC, Public Law Commissioner at the Law Commission of England and 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. Our reforms will simplify, modernise and rationalise the law. This will make it easier to amend legislation so elections are able to overcome future challenges, and help to maintain confidence in the electoral system.”

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 government announced on 16 March that local and mayoral elections in England will be postponed for a year until May 2021 due to the coronavirus outbreak.