International Election Datebase

Incorporating a collection of election-related jurisprudence that has been developed by international and regional human rights protection bodies. (Oens new window)

Tortoise Media v Conservative Party (Court of Appeal, May 2025)

This case concerned whether the Conservative Party, when electing its leader (who would become Prime Minister), was exercising a public function under the Human Rights Act 1998, and thus amenable to judicial review. The High Court initially refused permission, finding it was not a public function, and the Court of Appeal upheld this decision. This case delves into the intersection of party political processes and public law.

Electoral Order to postpone elections for 1 year

Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025 (SI 2025/137) (House of Lords debate, March 2025):
While not a court case, the House of Lords debated motions to annul this statutory instrument.
This instrument postpones local elections in nine areas from May 2025 to May 2026, which is a significant legal and political event concerning the conduct of elections and local government reorganisation.
Challenges to such statutory instruments can lead to judicial review if they are deemed ultra vires or otherwise unlawful.

R (The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets [2025] UKSC 11 (Supreme Court, March 2025)

While primarily about local government decision-making, this Supreme Court case had implications for the lawfulness of a council’s constitutional rule restricting voting by councillors on deferred planning applications to only those present at previous meetings. This impacts how local democratic processes and voting within councils are legally structured.

Electoral Commission Fraud case (Magistrates Court)

The Electoral Commission’s 2023 electoral fraud data highlights two convictions in 2023 for making false statements in nomination papers. One case involved a person in Northumbria arrested in April 2023 and sentenced to 10 months imprisonment (including a suspended sentence).conviction for making a false statement in nomination papers. In this instance, Christopher Davies (not the MP of the same name) was arrested by Northumbria Police in April 2023 for making a false statement on his nomination form and was later sentenced to 10 months imprisonment (including a suspended sentence from a previous unrelated offence).

Electoral Commission Fraud case (Magistrates Court)

Another case in Hampshire saw a Labour candidate plead guilty in May 2024 and receive a suspended prison sentence and a fine. These are important for upholding the integrity of the candidacy process.Hampshire, relating to the May 2023 parish council elections, saw a Labour candidate (name not consistently published in summaries, often referred to as “the candidate”) plead guilty to making a false statement on his nomination form. He received a four-month prison sentence suspended for 12 months and a £585 fine.

Candidate Challenge Cases

Election Petition following May 2023 elections (Specific Election Court, 2023): The Electoral Commission reported that there was “only one election petition following the May 2023 elections,” which was successful and related to an “electoral administration error” rather than fraud. Election petitions are formal court proceedings to challenge the outcome of an election.

R (on the application of Coughlan)

R (on the application of Coughlan) (Appellant) v Minister for the Cabinet Office (Respondent)/
[2022] UKSC 11 Supreme Court
Challenged voter ID pilot schemes, but dismissed.

Rothery v Evans [2021] EWHC 577 (QB) (High Court, 2021):

This case involved an injunction application by an aspiring candidate seeking reinstatement on a ballot paper for a party’s mayoral candidate selection process. It highlights disputes over candidate selection within political parties and the extent to which courts will intervene

Corbyn v Evans [2021] EWHC 130 (QB) (High Court, 2021)

This case involved an application for pre-action disclosure related to the suspension of Jeremy Corbyn’s membership of the Labour Party. While specifically concerning party membership, such cases can have implications for eligibility to stand in elections and internal party democratic processes.

Greene v Forbes (The Peterborough Election Petition) [2020] EWHC 676 (QB); [2021] QB 67 (High Court, 2020):

This Divisional Court ruling addressed whether the dissolution of Parliament for a general election causes a Parliamentary Election Petition to automatically abate or drop. It clarified an important procedural point regarding election petitions.

R (on the application of Good Law Project) v Electoral Commission [2019] EWCA Civ 1567; [2020] 1 WLR 1157 (Court of Appeal, 2019, judgment early 2020)

This case dealt with the interpretation of electoral finance law, specifically whether a donation by a referendum campaign to a permitted participant could also be considered a referendum expense of the donor. The Electoral Commission’s interpretation was upheld on appeal.
Overturned R (on the application of Good Law Project) v Electoral Commission [2018] EWHC 2414 (Admin) (High Court, September 2018)

R (on the application of Miller) v The Prime Minister and Cherry v Advocate General for Scotland [2019] UKSC 41 (Supreme Court, September 2019

Concerned the Prorogation of Parliament. While not directly about an election, this landmark constitutional case had profound implications for parliamentary sovereignty and the exercise of prerogative powers, which are foundational to the democratic process. The Supreme Court unanimously ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful.

R (on the application of Liberal Democrats) v ITV Broadcasting [2019] EWHC 3282 (Admin); [2020] 4 WLR 4 (High Court, November 2019)

Judicial review of a broadcaster’s decision to exclude the Liberal Democrat leader from a televised general election leaders’ debate. The High Court determined whether such a decision was amenable to judicial review.

Election Petition following May 2023 elections (Election Court, 2023)

The Electoral Commission reported “only one election petition following the May 2023 elections,” which was successful and related to an “electoral administration error.” These petitions are formal legal challenges to election results.

convictions for Electoral Abuse 2019

Jamshaid Khan was sentenced to six months in prison for false statements on nomination papers.

Abid Khan was sentenced to 12 months in prison for false statements on nomination papers.

Mohammed Younis was sentenced to 12 months in prison for false statements on nomination papers.

Nasim Ayub was given a conditional discharge for delivering postal vote applications.

Mohammed Raja was given a conditional discharge for delivering postal vote applications.

Mohammad Shakeel was given a conditional discharge for delivering postal vote applications..

R v Mackinlay (Craig) [2018] UKSC 42 (Supreme Court, July 2018)

Election expenses, specifically the overlap between national and constituency election expenses when completing candidate returns of expenditure. This Supreme Court appeal related to criminal proceedings against the respondents for breach of the Representation of the People Act 1983. This case was crucial in clarifying the rules around campaign finance.

convictions for Electoral Abuse 2018

Hussain Khan was sentenced to nine months imprisonment for undue influence (intimidation/deception of voters) during the 2018 local elections.

Abid Hussain was sentenced to six months imprisonment for making a false statement on a nomination paper.

Nasim Ahmed was sentenced to five months imprisonment for making a false statement on a nomination paper.

VOTE LEAVE LTD V THE ELECTORAL COMMISSION
2019 (COURT OF APPEAL) EWCA CIV 2019

This case involved Vote Leave Ltd, the designated Lead Campaigner for the Leave outcome in the 2016 EU referendum and involved payments made to Data Analytics in Canada…

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