Lady Paton

Electoral law in the UK is currently spread across 25 major statutes. It has become increasingly complex and fragmented, and difficult to use.

The reforms, if enacted, will reduce the confusion around the electoral process and introduce a range of improvements to ensure that elections are fit for purpose in the 21st century.

The law commissions are making a series of recommendations to improve the effectiveness of electoral law including rationalising existing law into a single, consistent legislative framework, introducing reforms to online campaign material and updating the conditions required for suspending a poll.

Nicholas Paines QC, public law commissioner at the Law Commission of England and Wales, said: “Elections are fundamental to democracy yet the laws governing them are no longer fit for purpose. If left as they are, there is a very real risk of the electoral process losing credibility which could be catastrophic.

“Our reforms will simplify, modernise and rationalise the law. This will make it easier to amend legislation so elections are able to overcome future challenges, and help to maintain confidence in the electoral system.”

Lady Paton, chair of the Scottish Law Commission, said: “For both Scotland and the wider UK, it’s vital that the law on elections is easy to administer, accessible and user-friendly.

“These reforms will achieve this, ensuring elections work and are fit for the 21st century. Our recommendations also take into account the emerging devolutionary framework for Scotland.”

Sir John Holmes, chair of the Electoral Commission, said: “The Electoral Commission has worked closely in support of the law commissions, and welcomes this final report. Without clear and up-to-date electoral laws, there is a risk to the effective delivery of elections, and the confidence of electors in the process can be undermined. The law commissions’ recommendations are comprehensive and have widespread support from electoral administrators, political parties and campaigners.

“I very much hope the UK’s governments and parliaments will now work towards a consolidated and consistent legislative framework that will improve our electoral processes for all involved.”