4 ms·

Is there any mechanism in Westminster politics, or any democratic political system for that matter, for invalidating election results if it is determined that a

by cazum 8y ago

Is there any mechanism in Westminster politics, or any democratic political system for that matter, for invalidating election results if it is determined that an external state interfered with the process? If it was found that Russia interfered in some capacity, would/could anything be done?

aurelwu 8y ago
the referendum was non-binding so there would not need to be a formal process in this particular case - however it probably would cause a lot of upstir anyways.
ProblemFactory 8y ago
I don't think there is a mechanism for invalidating general election results. The parliament can vote to hold new general elections. For the Brexit referendum, there is no need to invalidate it, as it was an advisory opinion poll rather than a binding public vote for the government. The UK government could ignore the results or call for a new referendum if they wished to.
CiaranMcNulty 8y ago
Given that the Brexit referendum was legally non-binding (unlike an election), the only mechanism needed is political will to ignore the result
pjc50 8y ago
The Electoral Commission can void elections in the event of fraud: https://www.electoralcommission.org.uk/__data/assets/pdf_file/0010/150499/Challenging-elections-in-the-UK.pdf https://www.electoralcommission.org.uk/__data/assets/pdf_fil... One of their most high profile cases: https://en.wikipedia.org/wiki/Erlam_%26_Ors_v_Rahman_%26_Anor https://en.wikipedia.org/wiki/Erlam_%26_Ors_v_Rahman_%26_Ano... I don't think either of these apply for nebulous "external interference", but certain actions such as running unlawful electoral advertising should count. Vote leave have been fined and referred to the police: https://www.electoralcommission.org.uk/i-am-a/journalist/electoral-commission-media-centre/party-and-election-finance-to-keep/vote-leave-fined-and-referred-to-the-police-for-breaking-electoral-law https://www.electoralcommission.org.uk/i-am-a/journalist/ele... BUT: these apply to elected positions. Referendums don't really have a strong constitutional place in the UK, and the Brexit referendum was "non-binding": the result did not legally oblige anything specific to happen. Brexit is a choice of the government. No-Deal Brexit is also a choice of the government, made two years ago when sending the A50 notification without a viable plan.
nicoburns 8y ago
The only real weight that the referendum has is the public sentiment it represents. If that was called into question it would lose most of it's power without anything needing to be done. It's not legally binding. I'm not convinced that the idea that Russia interfered is worth taking that seriously though. You don't need to go very far to find real people who are very pro-brexit. IMO it's the newspapers (rupert murdoch, etc) that had more influence, but I'm not sure what you can do about that.

by cazum 8y ago

aurelwu 8y ago

the referendum was non-binding so there would not need to be a formal process in this particular case - however it probably would cause a lot of upstir anyways.

ProblemFactory 8y ago

I don't think there is a mechanism for invalidating general election results. The parliament can vote to hold new general elections. For the Brexit referendum, there is no need to invalidate it, as it was an advisory opinion poll rather than a binding public vote for the government. The UK government could ignore the results or call for a new referendum if they wished to.

CiaranMcNulty 8y ago

Given that the Brexit referendum was legally non-binding (unlike an election), the only mechanism needed is political will to ignore the result

pjc50 8y ago

The Electoral Commission can void elections in the event of fraud: https://www.electoralcommission.org.uk/__data/assets/pdf_file/0010/150499/Challenging-elections-in-the-UK.pdf https://www.electoralcommission.org.uk/__data/assets/pdf_fil... One of their most high profile cases: https://en.wikipedia.org/wiki/Erlam_%26_Ors_v_Rahman_%26_Anor https://en.wikipedia.org/wiki/Erlam_%26_Ors_v_Rahman_%26_Ano... I don't think either of these apply for nebulous "external interference", but certain actions such as running unlawful electoral advertising should count. Vote leave have been fined and referred to the police: https://www.electoralcommission.org.uk/i-am-a/journalist/electoral-commission-media-centre/party-and-election-finance-to-keep/vote-leave-fined-and-referred-to-the-police-for-breaking-electoral-law https://www.electoralcommission.org.uk/i-am-a/journalist/ele... BUT: these apply to elected positions. Referendums don't really have a strong constitutional place in the UK, and the Brexit referendum was "non-binding": the result did not legally oblige anything specific to happen. Brexit is a choice of the government. No-Deal Brexit is also a choice of the government, made two years ago when sending the A50 notification without a viable plan.

nicoburns 8y ago

The only real weight that the referendum has is the public sentiment it represents. If that was called into question it would lose most of it's power without anything needing to be done. It's not legally binding. I'm not convinced that the idea that Russia interfered is worth taking that seriously though. You don't need to go very far to find real people who are very pro-brexit. IMO it's the newspapers (rupert murdoch, etc) that had more influence, but I'm not sure what you can do about that.