Parliamentary briefing: Representation of the People Bill – Committee Stage (Part 6 – Hostility towards candidates etc)
Overview
15 March 2026
Part 6 introduces several provisions to address hostility towards campaigners and electoral staff.
- There has been a worrying rise in recent years in the abuse and intimidation of candidates. This has a significant impact on individuals and can deter thoseconsidering standing, thereby limiting the diversity of candidates and choice for voters. At the 2024 general election, our research found that over half (55%) of the candidates surveyed reported experiencing harassment, intimidation or abuse.
- Women were twice as likely, and ethnic minority respondents three times as likely, to report experiencing serious abuse. This is unacceptable.
- Part 6 of the Bill contains provisions that propose adding a statutory aggravating factor in sentencing for certain election-related offences where they are motivated by hostility. It also extends disqualification orders to include offences against electoral staff. This reflects the seriousness of these offences.
- Although these provisions go some way to addressing this issue, there is nothing in the Bill to address the role of social media platforms in enabling online abuse. Our research found 65% of abuse happens online, and that online threats can spill over into in-person abuse.
- We recommend the Government considers creating a clearer new overarching duty on platforms operating in the UK to cover a wider range of risks to elections, to ensure they take action to mitigate risks and protect legitimate political debate, particularly during critical election periods. This would help provide clarity and a shared understanding of what actions are needed by platforms during elections and provide a clearer basis for Ofcom to take enforcement action if appropriate actions are not taken
Clause 70 – Hostility towards electoral officers and their staff
This clause extends disqualification orders to include offences against electoral staff.
The Elections Act 2022 introduced a disqualification order for those convicted of offences involving abuse of candidates, campaigners or elected office holders. The order can be used to ban anyone convicted of such offences from standing for, or holding, elected office for five years.
- Clause 70 extends these orders to include offences against electoral officers and their staff (including registration officers, returning officers, petition officers, counting officers or any of their staff).
- This provides additional protection for electoral staff, who can also be at risk of abusive or intimidatory behaviour in polling stations or at electoral events such as the count.
Clauses 71-72 – Hostility as aggravating factor
These clauses create a statutory aggravating factor on conviction for the intimidation of candidates, campaigners, elected office holders and electoral staff.
- These clauses amend the relevant legislation to make hostility towards candidates, campaigners, elected office holders and electoral staff an aggravating factor, for courts to consider when passing sentences relating to offences listed under the Elections Act 2022. Clause 71 applies to offences in England, Wales and in military courts, and clause 72 applies to offences in Scotland and Northern Ireland. These clauses are intended to deter would-be offenders by enabling courts to increase sentences. Under these changes, courts must take the aggravation into account when sentencing.
- The aggravating factor is intended to apply for offences that are motivated by hostility towards any of the relevant groups: candidates, campaigners, elected office holders, or electoral officers (including their staff).
- These provisions would strengthen the enforcement response to abuse and intimidation, and mirror the statutory aggravating factor which applies where the victim of the offence was serving the public. They would also increase alignment across the UK (as this mirrors the existing aggravating factor in Scottish law).
Clause 73-74 – Effect of disqualification orders
These clauses ensure that a person subject to a disqualification order in Scotland is also disqualified from standing in a UK election
- Clause 73 links the Scottish disqualification order with the UK disqualification order, making them reciprocal. Clause 74 amends various legislation concerning relevant elections (including local government elections, PCCs, and the London Assembly) to reflect the fact that Scottish disqualification orders will now disqualify people from holding the related elective offices.
- These clauses will ensure that protections for candidates, campaigners and electoral staff are aligned across the UK.