General Election 2015 explained: Law

Continuing our daily miscellany of British general elections

Jurisdiction

Responsibility for the administration of general and other elections rests with the Ministry of Justice.

Legislation

The rules have been developed by centuries of statute and precedent. The definitive guide to the subject, Schofield’s Election Law, fills 5,000 pages.

Key legislation includes: a succession of Representation of the People Acts (notably those of 1832 and 1867; those of 1918, 1928 and 1969 – which extended the franchise to all men and women aged 18 and over; and those of 2000, 2001, 2002 and 2006 which set out requirements for registration and absent voting);

the Ballot Act 1872, which introduced the secret ballot; the Corrupt and Illegal Practices Prevention Act 1883, which placed limits on candidates’ election expenses; the Election Petition Rules 1960, which define the procedure for challenging election results; the House of Commons Disqualification Act 1975, which defines disqualifications to membership of the House of Commons; the Political Parties, Elections and Referendums Act 2000;

the Electoral Administration Act 2006;

and the Political Parties and Elections Act 2009.

---

Are you undecided about who to vote for on 7 May? Are you confused about what the parties stand for and what they are offering? Take this interactive quiz to help you decide who to vote for...

Click here to launch

Most recently, the fixed term parliaments act 2011 curtailed the power of governments to call elections at times of their own choosing.

Secret ballot

The secret ballot was introduced by the Ballot Act (1872). It was a temporary measure and not established permanently until 1918.

Secret ballot boxes are generally sealed, so that they cannot be tampered with. When H C Childers (Liberal) became the first MP to be elected by secret ballot by winning the Pontefract by-election in 1872, the box used was sealed with liquorice.

The law on ballot secrecy requires that:

the poll shall be taken by ballot;

the official mark shall be kept secret;

in any legal proceedings relating to the election, no person shall be required to state for whom they voted;

the voter shall secretly mark their ballot paper and fold it so as to conceal the vote.

False statements

It is illegal to “make or publish a false statement of fact” about a candidate’s character or conduct in order to affect the return of a candidate.

Voters have no realistic legal redress against politicians who make promises that they do not keep.

In theory, a voter could sue an MP – or a party – for fraudulent misrepresentation, but several precedents bear out the view that, in the words of Lord Diplock: “Elected representatives must not treat themselves as irrevocably bound to carry out pre-announced policies contained in election manifestos.”

Purdah

Once Parliament is dissolved for an election, the Cabinet Office is responsible for enforcing the concept of “purdah”, encouraging the Government not to initiate controversial new actions.

MPs immediately become ex-Members. They lose their constitutional right to represent their constituents’ grievances to government, and are banned from working in the Palace of Westminster.

Advertising

Broadcasting law forbids paid-for political advertising on television or radio: parties have a certain party election broadcast entitlement, and that is it. But this law does not cover online media.

Political advertising is also exempt from the Advertising Code of Practice requirements of truthfulness and fairness.

Tomorrow: Leaders

---

The Independent has got together with May2015.com to produce a poll of polls that produces the most up-to-date data in as close to real time as is possible.

Click the buttons below to explore how the main parties' fortunes have changed:

All data, polls and graphics are courtesy of May2015.com. Click through for daily analysis, in-depth features and all the data you need. (All historical data used is provided by UK Polling Report)