Postal voting and the General Election

The recent judgment of Richard Mawrey QC, sitting as Commissioner in the two Election Petitions for the Bordesley Green and Aston wards of Birmingham City Council, has raised the stakes so far as the issue of postal voting is concerned.

CMS Cameron McKenna solicitor Jo Marshall successfully represented the Returning Officer in her defence of both the Aston and Bordesley Green Election Petitions.

In some concluding remarks in his judgment the Commissioner was highly critical of the postal voting system. Its abuse by the three successful Labour Party candidates in each ward constituted, he found, corrupt and illegal practices on the basis of which each local election was avoided.

The Petitioners' success may pave the way for unsuccessful candidates in the General Election to seek a remedy through the courts. This has implications for the Insurers of local authorities in the event that the returning officer is also named as a respondent on any election petition.