Guidance for Candidates and Agents at Police and Crime Commissioner elections

The outcome of a Police and Crime Commissioner election can be challenged through an election petition.

Lodging an election petition

Only certain people can lodge an election petition, and only under specific circumstances.

A Police and Crime Commissioner election petition can be issued by:1

• someone claiming to have been a candidate at the election, or
• at least four electors (not anonymously registered electors) who had a right to vote at the election (note that they need not have voted).

The allowable grounds for a petition are that:2

• the successful candidate was disqualified at the time of the election
• the successful candidate was not duly elected
• the election was invalidated by corrupt or illegal practices
• the election was invalidated because of general corruption or the employment of a corrupt canvasser/ agent3  

The Police and Crime Commissioner whose election or return is complained about must be a respondent to the petition. If the petition complains about the conduct of the Returning Officer (either the Police Area Returning Officer and/or the Local Returning Officer) or their staff during the election, the Returning Officer(s) may also be a respondent.4  

Normally a petition must be presented within 21 calendar days after the date of the poll. However, if the petition complains of corrupt or illegal practices involving the payment of money or other reward, or an illegal practice relating to election spending, further time may be allowed.5

For any questions relating to election petitions, including to confirm the deadlines for lodging an election petition, you should contact:

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

Email: [email protected]

Phone: 0207 947 6877

There are costs attached to an election petition. If you are considering lodging an election petition, we strongly recommend that you take independent legal advice.