Elections in the United Kingdom - Wiki slovník

There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom (commonly called 'general elections' when all seats are contested), elections to devolved parliaments and assemblies, local elections, mayoral elections, and police and crime commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the prime minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality, the single transferable vote, the additional member system, and the supplementary vote.

Elections are administered locally: in each lower-tier local authority, the polling procedure is operated by the acting returning officer or returning officer, and the compiling and maintenance of the electoral roll by the electoral registration officer (except in Northern Ireland, where the Electoral Office for Northern Ireland assumes both responsibilities). The Electoral Commission sets standards for and issues guidelines to returning officers and electoral registration officers, and is responsible for nationwide electoral administration (such as the registration of political parties and directing the administration of national referendums).^[1]

Electoral registration

The total number of names in the United Kingdom appearing in Electoral Registers published on 1 December 2010 and based on a qualifying date of 15 October 2010 was 45,844,691.^[2]

Entitlement to register

In England, anyone who will be aged 18 or over on polling day^[3] and who is a national of the United Kingdom (all forms of British nationality but excluding British protected persons^[4]), the European Union living in the UK, the Republic of Ireland, a Commonwealth country (including Fiji, Zimbabwe^[5] and the whole of Cyprus^[6]^[7]),^[8] can apply to the electoral registration officer in the local authority area where they reside with a 'considerable degree of permanence'^[9] to be listed in that area's Electoral Register.

In Scotland and Wales, those fulfilling the nationality requirements (as stated in the previous paragraph), or who otherwise hold leave to remain (limited or indefinite) in the UK,^[10] who will be aged 16 or over on polling day can register to vote, as the age for voting in the Scottish Parliament and the Senedd respectively, and local elections in both countries is 16. However, voters in Scotland and Wales under 18 are not entitled to vote in UK general elections.^[11]

A person can still register at their ordinary address if they will be away temporarily (for example, away working, on holiday, in student accommodation or in hospital).^[12] A person who has two homes (such as a university student who has a term-time address and lives at home during holidays) may be able to register to vote at both addresses as long as they are not in the same electoral area^[13] (though an elector can only vote once in any single election or referendum).

In addition, to qualify to appear on the Electoral Register, applicants who are Commonwealth citizens must either possess leave to enter or remain in the UK or not require such leave on the date of their application^[14] and no applicant may be a convicted person detained in prison or a mental hospital (or unlawfully at large if they would otherwise have been detained)^[15] or a person found guilty of certain corrupt or illegal practices.^[16]

In Northern Ireland, from 1949 until 2014, a minimum of three months’ residency in the territory was required for registration. This requirement was removed in the Northern Ireland (Miscellaneous Provisions) Act 2014.

Remand prisoners, voluntary patients in mental hospitals and people without a fixed place of residence can register to vote by making a declaration of local connection.

Members of HM Forces and their immediate family members have the option of registering as a service voter, by making a service declaration based on their last UK address.

British citizens (but not other categories of British nationals) residing outside the United Kingdom can register as an overseas voter provided that they were on the Electoral Register in the UK within the previous 15 years.^[17] The 15-year period begins when they no longer appeared in the electoral register, not the date they moved abroad. British citizens who moved abroad before they turned 18 years old can still qualify for registration, with the 15-years period calculated from the date their parent(s)/guardian ceased to appear in the Electoral Register. Overseas voters can only vote in UK parliamentary elections in the constituency of their last registered UK address (or for those who moved abroad as a minor, the last registered UK address of their parent(s)/guardian). British citizens who are away overseas temporarily do not need to register as overseas electors and can register to vote in the usual way at their UK address.

Crown servants^[18] and British Council employees^[19] (as well as their spouses who live abroad^[20]) employed in a post outside the UK can register by making a Crown Servant declaration, allowing them to vote in all UK elections.

An individual can register as an anonymous elector if his/her safety (or that of any other person in the same household) would be at risk were his/her name and address to be disclosed publicly on the Electoral Register, but the application needs to be supported by a relevant court order, injunction or an attestation by a chief police officer or a Director of Social Services.^[21]

The right of Commonwealth and Irish citizens to vote is a legacy of the Representation of the People Act 1918, which limited the vote to British subjects. At that time, "British subjects" included the people of Ireland — then part of the United Kingdom of Great Britain and Ireland — and all other parts of the British Empire. Though most of Ireland (see Ireland Act 1949) and the majority of the colonies became independent nations, their citizens have retained the right to vote if they live in the United Kingdom.

In theory, members of the Royal Family who are not members of the House of Lords (including those who are peers who lost their right to sit following the House of Lords Act 1999) are eligible to vote, although in practice they do not exercise that right.^[22]

Registration procedure

In Great Britain, most electors are enrolled during the course of the annual canvass, which electoral registration officers are obliged to conduct every year between August and November.^[23] Canvass forms are sent to all households, and must be returned, otherwise a fine of £1000 can be imposed.^[24] One person in the household must confirm the details of all residents who are existing electors, which includes adding or deleting residents who have moved in or out and are eligible to register to vote.

Between December and early August, the rolling registration procedure applies instead. Applications must be submitted individually (unlike the annual canvass forms where one person is responsible for registering all eligible people in a household) using registration forms available from local electoral registration officers or the Electoral Commission's website. Although no proof of identity or address is necessary when submitting an application, the electoral registration officer can require the applicant to provide further information regarding the applicant's age, nationality, residence and whether or not they are disqualified^[25] and/or evidence to prove the applicant's age and/or nationality.^[26] Application forms can be returned to the local electoral registration officer by post, by fax or by e-mail as a scanned attachment.^[27]

As of June 2014, as part of the Government's Digital By Default policy, voters in England and Wales can register to the electoral roll online.^[28]

Special category electors do not register through the annual canvass procedure.^[29] Instead, they submit applications at any time during the year and have to renew their electoral application periodically (every one year for overseas electors and voters with a declaration of local connection and every three years for service voters).

After applications are received by the electoral registration officer, he/she must add them to a list of applications (unless they are applications to register as an anonymous elector^[30]). The list is open for inspection for five working days, during which any other elector may raise an objection to an application. The electoral registration officer can initiate an application hearing if he/she considers that there are reasonable integrity concerns about the application.

In Northern Ireland, there is no annual canvass, and instead people register individually at any time during the year. Applicants must supply their National Insurance number or, if they do not have one, make a declaration to that effect. Proof of identity, address, three months' residency in NI and date of birth must also be included with applications,^[31] which are submitted by post to the Electoral Office for Northern Ireland.

Knowingly giving false information to an electoral registration officer anywhere in the UK is an offence with a maximum penalty, upon conviction, of £5,000 and/or six months' imprisonment.^[32]

Electoral Register

Each district council or unitary authority has an Electoral Register which is compiled by the electoral registration officer listing all registered electors. The Electoral Register contains the name, qualifying address and electoral number of every ordinary elector, the name of every special category elector (such as service voters) and the electoral number of every anonymous elector. Any elector who was not aged 18 yet at the time of registration will also have his/her date of birth printed. Each district's Electoral Register is subdivided into separate registers for each polling district.^[33]

Because the franchise differs between individual voters, various markers may be placed next to voters' names to identify in which elections they are entitled to vote.^[34] European Union citizens who are not Commonwealth or Irish citizens have their entry prefixed either with G (meaning they can only vote in local government elections) or K (meaning they can only vote in European Parliamentary and local government elections). Overseas electors are prefixed with the letter F, meaning they can only vote in European and UK Parliamentary elections. Members of the House of Lords residing in the UK are prefixed with the letter L, meaning they can only vote in European Parliamentary and local government elections, whilst peers who are overseas electors are prefixed with the letter E, indicating that they can only vote in European Parliamentary elections.

The register is published every year on 1 December after the annual canvass period^[35] (unless there has been an election during the annual canvass period between 1 July and 1 December,^[35] in which case the publication date is 1 February in the following year^[36]). However, in 2012, because the Police and Crime Commissioner elections were held on 15 November, the annual canvass in England and Wales (excluding London) was held between July and October and the Electoral Register was published on 16 October.^[37] Between January and September, during the 'rolling registration' period, notices of alteration are published on the first working day of each month to add, remove or amend names. Notices of alteration are also published 5 working days before an election at any time of the year^[38] and just before the close of poll at any election to correct any clerical errors or to implement any court decisions.^[39] With the exception of a deceased elector who is removed from the register, any individual who is added or removed from the register must be notified by the electoral registration officer.^[40]

There are two versions of the Register: the full register and the edited register. The full register can only be inspected under supervision at the office of the local electoral registration officer, and must be supplied free of charge to the district's returning officer, the British Library, the Electoral Commission, the Office for National Statistics (only English and Welsh Registers), the General Register Office for Scotland (only Scottish Registers), the National Library of Wales (only English and Welsh Registers), the National Library of Scotland (only English and Scottish Registers) and the relevant Boundary Commission.^[41] The edited register is available for general sale from electoral registration officers and can be used for any purpose.^[42] Electors can choose to opt out from appearing in the edited register by informing their local electoral registration officer.

Party system

Political parties are the dominant organisations in the modern UK political system.^[43] The majority of election candidates stand on behalf of political parties of varying sizes. All parties, however large or small, must be registered with the Electoral Commission to be able to operate and stand candidates. Parties must regularly report donations, loans and spending on national elections. Larger parties must also submit audited accounts on an annual basis.

Most parties will have an individual leader (some parties choose to nominate one or more "spokespersons" rather than having a "leader"). Leaders of the main parties will be those parties' "candidates" for the post of prime minister – though there is no formal position of "prime ministerial candidate" since the prime minister is appointed by the monarch rather than being elected directly. Where a party has members elected to a parliament, devolved assembly or local council, they will typically seek to follow a united position and maintain a disciplined group using the whip system.

Historically (until 2005, with the sole exception of 1923), the United Kingdom has effectively had a two party system as a result of the First-Past-The-Post system used for general and local elections. Duverger's law certainly seems borne out in the history of British parliamentary politics. Before World War I, the United Kingdom had a true two-party system: the main parties were the Tories (which became the Conservative Party) and the Whigs (which became the Liberal Party), though after Catholic Emancipation there was also a substantial Irish Parliamentary Party. After World War II, the dominant parties have been Conservative and Labour. No third party has come close to winning a parliamentary majority, although Johnston et al. wrote of the elections from 1950 to 1997, "Increasingly, a number of smaller (or third) parties has won a substantial proportion of the votes cast."^[44] Third parties and smaller parties have always polled at least 20% of the vote between them since the 1980s, while the Liberal Democrats won 62 of the 646 seats in the House of Commons in 2005, which led some spectators to regard the Westminster Parliament as a "two and a half" party system.^[45]^[46]

More recently, in 2010 the share of the vote for the two largest parties fell to 65%, with seats won by several other parties, including nationalist parties. In 2015, televised election debates included leaders of up to seven different parties. In the general election, the Scottish National Party (SNP) won over 90% of Scottish constituencies, to become the third party in terms of seats in the House of Commons. At the same time, the UK Independence Party won nearly 13% of the UK vote (more than double the UK-wide share obtained by the SNP) to finish third in terms of popular support, yet they won only one seat. Meanwhile, the Liberal Democrats remain the third largest political party in the House of Lords, with over 100 seats.

Smaller parties receive a higher proportion of votes, and a much higher proportion of seats, in those elections which use some form of proportional system: i.e. the regional elections for the Scottish Parliament, the Senedd, Northern Ireland Assembly and London Assembly. Parties, such as Plaid Cymru, UKIP and the Green Parties perform better in these elections, which can therefore be considered to produce a multi-party system.^[47]

It is relatively easy to stand for election as an independent candidate, although wins are very rare and usually involve special circumstances (for example Martin Bell's 1997 victory against the discredited Conservative MP Neil Hamilton was aided by the major parties standing aside and not contesting the election). Following the 2005 General Election there were three independent MPs, the highest number since 1945, however only one of these was returned in the 2010 election.

Parliamentary candidate selection

Almost any registered elector is entitled to stand for election to parliament, provided they are able to submit nomination forms signed by ten voters from the constituency they wish to contest, along with a £500 deposit (which is returned to the candidate after the election if they poll more than 5% of the vote).^[48] The selection of candidates standing for political parties is the responsibility of the party itself, and all parties follow different procedures.^[43] Per the Registration of Political Parties Act 1998, political party candidates must be authorised to stand for election for their party by their party's "nominating officer", or someone authorised in writing by the nominating officer.^[49] The three largest parties, the Conservative Party, Labour Party, and Liberal Democrats, have centrally-approved lists of candidates.^[50]

In the Conservative Party, constituency associations select their constituency's candidates.^[50]^[51] Some associations have organised open parliamentary primaries. A Constituency Association must choose a candidate using the rules approved by, and (in England, Wales and Northern Ireland) from a list established by, the Committee on Candidates of the Board of the Conservative Party.^[52] Prospective candidates apply to the Conservative Central Office to be included on the approved list of candidates, some candidates will be given the option of applying for any seat they choose, while others may be restricted to certain constituencies.^[53]^[54] A Conservative MP can only be deselected at a special general meeting of the local Conservative association, which can only be organised if backed by a petition of more than fifty members.^[53]

In the Labour Party, the Constituency Labour Parties (CLP) select the parliamentary general election candidates using procedures agreed by the National Executive Committee (NEC). The selection will always involve a "one member, one vote" ballot where all members of the CLP are entitled to select their candidate from a shortlist. The methods used to draw up the shortlist will vary according to the structure of the CLP, the time available before the election, and the number of candidates who express an interest in the selection. All selected candidates must attend and pass an interview conducted on behalf of the NEC - most candidates will do this before starting to apply for selections, though the interview can occur after a candidate is selected. Different procedures apply when a sitting Labour MP indicates they wish to stand for re-selection. On very rare occasions, the NEC may withdraw their endorsement of a candidate (including sitting MPs) after the selection process is complete. They exercised this power with regards to some of the MPs involved in the expenses scandal prior to the 2010 General Election.^[55]

The Liberal Democrats operate an assessment process for members wishing to join the party's list of potential candidates. Once on the list, candidates are free to apply for selection in any constituency. The candidate in each seat is selected by local party members following a hustings.^[54]

UKIP, the Scottish National Party and Plaid Cymru select their candidates in a similar manner to the Liberal Democrats.^[54]

The Green Party's selections are open to all members to apply. Applicants are not shortlisted, so local parties vote directly on the full list of applicants.^[54]

Polling procedure

All voters must be listed on the electoral register, even if the person is otherwise qualified to vote.^[56] If, because of a clerical error, someone's name has been left off the electoral register (even though a correctly completed application form was submitted by the deadline), the electoral registration officer can amend the register up to 9pm on polling day. Because the franchise between electors varies (for example, EU citizens who are not Commonwealth or Irish citizens cannot vote in UK parliamentary elections) ballot papers are only issued after checking the marker in the electoral register before an elector's name to identify in which elections the individual is eligible to vote.

Votes can be cast either in person at a polling station, by post or by proxy. British citizens residing abroad and registered as overseas electors cannot vote at British high commissions, embassies or consulates - their votes can only be cast either in person in the constituency where they are enrolled in the United Kingdom, by proxy (who must reside in and be eligible to vote in the UK) or by post (although this option is less popular as postal ballot packs are only despatched by returning officers at 4pm, 19 working days before polling day at the earliest and must be received by the returning officer by the close of poll to be counted).^[57]^[58]

In person

Polling stations (also known as polling places) are open from 7am to 10pm on polling day.^[59] Voters receive a poll card from the returning officer at their local authority with details of their allocated polling place. They are not required to show their poll card (unless they are an anonymous elector^[60]^[61]) or any other form of identification at the polling place in order to vote, except in Northern Ireland, where one piece of photographic ID (current or expired) must be presented at the polling station - a NI Electoral Identity Card, a photographic NI or GB or other EEA driving licence, a British or other EU passport, a Translink 60+ SmartPass, a Translink Senior SmartPass, a Translink Blind Person's SmartPass or a Translink War Disabled SmartPass.^[62]

At 7am when the poll opens, the presiding officer must show the empty ballot box to those who are present inside the polling station, before closing and sealing it.^[63]

Having verified and marked off the voter's name and address on the list of electors, the presiding officer or poll clerk issues the ballot paper, calling out the voter's name, elector number and polling district reference,^[64]^[65] unless the voter is an anonymous elector, in which case only his/her elector number is called out.^[61] Ballot papers cannot be issued before 7am and can only be issued after 10pm to a voter who was present in the queue at/outside the polling station at 10pm.^[66] All ballot papers contain both an official mark (e.g. a watermark or perforation) and a unique identifying number; any papers issued without both these features (even if it is the presiding officer/poll clerk's mistake) will be invalid and rejected at the count. On a separate list (called the corresponding number list) the presiding officer or poll clerk writes the voter's elector number next to the unique identifying number of the ballot paper issued. However, the secrecy of the vote is usually maintained,^{[citation needed]} as at the close of the poll this list linking voters to their ballot paper numbers is sealed inside a packet which may only be opened by the order of a court if the election result is challenged. The ballot paper is folded and then handed to the voter.

The voter marks the ballot papers in the privacy of a voting booth. Polling stations must provide a writing implement for voters; usually pencils are provided (for practical reasons, as ink pens may dry out or spill), but there is no legal requirement for voters to mark their ballot papers with a pencil (they can use their own pen instead).^[66] If the ballot paper has been spoilt, the presiding officer/poll clerk can issue a new one after the old ballot paper is cancelled. Before placing the ballot papers in the ballot box, the voter has (in theory) to show the presiding officer or the poll clerk the official mark and the unique identifying number printed on the reverse of the ballot papers.

If a voter requests a ballot paper but someone has already voted in their name, or they are listed as having requested a postal vote, they can only cast a tendered ballot. After marking the tendered ballot in private, the voter must not place it in the ballot box. Instead, it must be returned to the presiding officer who will endorse it with the voter's name, elector number and polling district reference, before placing it in a special envelope. The voter's name and elector number is then written down in the 'List of Tendered Votes'. Although tendered ballots are not included at the count, they serve as a formal record that a voter has tried, but has been unable, to cast a vote and is evidence of a voter's concern about the conduct of an election. If a voter wants to make a complaint, marking a tendered ballot is the first step in pursuing the complaints procedure.^[67]

Voters may bring their underage children with them inside the polling station, but they may only observe the voting procedure and are not permitted to participate (for example, by marking the voter's ballot paper).^[63]

The presiding officer and the poll clerk(s) are responsible for maintaining order in the polling station (this includes ensuring that candidates/agents/tellers in the vicinity of the polling station do not interfere with the election process and/or impede voters' access to/from the polling station, and removing any campaign literature from inside the polling station) and ensuring the secrecy and security of all ballots cast. They are under a duty to act impartially at all times.^[66]

Candidates may appoint polling agents to observe the voting process in polling stations.^[68] These are a type of Electoral observer, and must follow a code of practice to avaoid influencing the election, or obtainting information that could predict the result.^[69]

Tellers are often present outside the polling station and record the elector number (as it appears on the Electoral Register and poll card) of those who have voted. Tellers volunteer on behalf of political parties (identifiable by their rosette), but have no legal or official status, and voters are not obliged to give them their elector number.^[70]^[71] By recording who has voted, tellers help their parties identify supporters who have not yet voted, so that they can be contacted and encouraged to vote, and offered assistance — such as transport to the polling station — if necessary.

At the close of poll, the slot at the top of the ballot box is sealed by the presiding officer or poll clerk (the election and polling agents appointed by candidates can also apply their own seals to the boxes) before being transported 'directly and without delay' by the presiding officer to the central counting location.^[66]

By post

Voters can apply to receive a postal ballot either for specific elections or on a permanent basis until further notice without having to give a reason (except in Northern Ireland, where voters have to give a specific reason explaining why they cannot physically attend their allocated polling station^[72]). Applications for postal ballots close at 5pm 11 working days before polling day. Postal ballots can be sent anywhere within and outside the United Kingdom, although if they are not sent to a voter's registered address, a reason must be provided to the electoral registration officer as to why the postal ballot is to be sent to an alternative address.

The returning officer must issue and send out postal ballot packs 'as soon as is practicable' (i.e. as soon as possible after the close of nominations at 4pm 19 working days before polling day).^[57]

Where an elector has applied for a postal ballot to be sent to an overseas address, the returning officer should prioritise the dispatch of their postal ballot packs (over those sent to UK addresses), send them by air mail and ensure that the postal ballot pack includes a return envelope with sufficient postage to be sent to the UK from abroad.^[73]

Voters return their postal ballots together with postal voting statements filled in with their date of birth and signature either by post or by hand directly to the returning officer, or by hand to the presiding officer on polling day at a polling station situated within the constituency/ward printed on the postal ballot return envelope. However, for the postal ballot to be counted, the returning officer (or the presiding officer if returned at a polling station) must receive the ballot paper by the close of poll (usually 10pm on polling day).^[74]

By proxy

Any person who is eligible to vote^[75] (he/she does not necessarily have to be on the Electoral Register already) can be appointed by another voter as his/her proxy, but for the proxy to be able to vote in an election the proxy application must be received by the electoral registration officer at the voter's local authority by 5pm 6 working days before polling day. The proxy can either vote in person, or can apply for a postal proxy vote (though a postal proxy vote application has an even earlier deadline - any such request must be received by the electoral registration officer by 5pm 11 working days before polling day at the latest). A voter who has become ill or disabled after 5pm six working days before polling day can make an emergency application to vote by proxy as long as the application is received by the electoral registration officer by 5pm on polling day.^[76] Unless a close relative, a person can only vote as a proxy on behalf of a maximum of two other voters in any single election in each constituency/ward.^[77] When applying to vote by proxy for more than one particular election, the application must be accompanied by a relevant attestation and must be justified based on one of the following reasons: blindness; other disability; employment; on an education course; registered as a service, overseas or anonymous elector.^[78] If only applying to vote by proxy for one particular election, the elector only needs to explain why he/she cannot vote in person, but does not need an attestation.^[79] If it is possible to get to the polling station from the registered address by only air or by sea, the elector can apply for a permanent proxy vote without an attestation.^[80]

In Northern Ireland, voters can only appoint another person to be their proxy if they can provide a specific reason explaining why they cannot physically attend their allocated polling station.^[72]

Accessibility

All polling stations are legally required to be wheelchair-accessible^[81] and be equipped with a tactile voting device and at least one large print display version of the ballot paper to assist visually impaired voters.^[82] Though the large print version cannot be marked, it can be used for reference. Disabled voters can also request the Presiding Officer in the polling station or bring along a family member to mark their ballot papers for them if they wish. If a voter is unable to enter the polling station because of a disability, the Presiding Officer can take the ballot paper to him/her.^[83]

Although the Electoral Commission provides electoral registration forms in a number of foreign languages,^[84] by law all voting materials (e.g. ballot papers) are only printed in English (and also in Welsh in Wales).^[81]

General elections

United Kingdom general elections are held following a dissolution of Parliament. All the members of Parliament (MPs) forming the House of Commons of the Parliament of the United Kingdom are elected. Following the Dissolution and Calling of Parliament Act 2022, parliamentary terms last five years unless Parliament is dissolved sooner by the monarch at the prime minister's request. Under the Act, polling day occurs 25 working days after dissolution (previously, a minimum period of 17 working days applied). At this point, all parliamentary business ends and the role of MP ceases to exist until after polling day.^[85]

Candidates for each constituency are chosen by political parties or stand as independents. Almost all successful candidates are members of a political party, with only one independent elected in the 2010 election.^[86] Each constituency elects one MP by the first past the post system of election. At the 2005 general election, there were 646 constituencies, thus 646 MPs were elected to Parliament. At the 2017 election the number of MPs was 650.

A party with an overall parliamentary majority (more seats than all the other parties combined) following an election forms the government. If no party has an outright majority, parties can seek to form coalitions. At the 2010 election, even though the Conservatives won the greatest number of seats, it would have been possible for the Liberal Democrats to form a coalition with Labour (and maybe also other, smaller parties) instead of with the Conservatives.^[87] Situations such as these can give smaller parties considerable power: the eventual outcome of the 2010 election was effectively decided by the Liberal Democrats, while in 2017 the Conservatives lost their overall majority and had to rely on the Democratic Unionist Party (DUP) who held 10 seats to 'prop up' the minority conservative government in order to achieve the 326 seats needed for a majority government. Zdroj:https://en.wikipedia.org?pojem=Elections_in_the_United_Kingdom
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