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Election petitions

Who can bring an election petition and on what grounds?

An election petition can be used to challenge the result of elections. A petition for Assembly or Mayoral election can be presented by:

  • a person claiming to have been a candidate at the election, or
  • four or more persons who voted as electors at the election or who had a right to vote at the election

An election petition may not be presented by an elector who has registered anonymously.1

What is the basis for an election petition?

The allowable grounds for a petition are that:2

  • the person whose election is questioned was not duly elected,
  • the persons whose election is questioned was disqualified at the time of the election
  • the election was avoided by corrupt or illegal practices or on the grounds specified in Sections 164 and 165 of the Representation of the People Act 1983 (as amended)

Who is made a respondent?

The duly elected candidate whose election is questioned will most probably be made a respondent to the petition. If the petition relates to the conduct of the election, the relevant Returning Officer(s) (whether CRO, BRO or GLRO) may also be a respondent to the petition.3  

Deadlines for bringing petitions

A petition at an Assembly election or at a Mayoral election must normally be presented within 21 calendar days after the day on which the election was held. Further time may be allowed in certain circumstances.4

Any person who is considering presenting an election petition should be advised to take their own legal advice. For any questions relating to election petitions and the process for submitting petitions, including to confirm the deadlines, you should contact the Elections Petitions Office: 
 
The Election Petitions Office
Room E105
Royal Courts of Justice
Strand
London WC2A 2LL

Email: [email protected]
Phone: 020 7947 6877
 

Last updated: 8 January 2024