Challenging the review

Although the Electoral Commission has no initial role in the review process itself, it does have an important role in respect of considering representations and observations that a Council has failed to conduct a proper review, on one of two grounds:

• that the Council has failed to meet the reasonable requirements of the electors in the constituency, or a body of them (i.e. the reasonable requirements of a particular area of the authority have not been satisfactorily met); or
• that the Council has failed to take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place.

Representations based on any other grounds will not be considered by the Commission.

All representations made to the Commission must be made in writing either by post, email or fax and should include the location and any other relevant information, stating specifically why it is inaccessible or does not meet the reasonable requirements of the electors.

Who may make a representation to the Electoral Commission?

Section 18D (1) of the Representation of the People Act 1983, sets out who may make representations to the Electoral Commission namely;

• not less than thirty registered electors in the constituency (although electors registered anonymously cannot make a representation)
• a person (except the (Acting) Returning Officer) who made representations to the council when the review was being undertaken
• any person who is not an elector within the constituency but who the Electoral Commission feels has sufficient interest in the accessibility of disabled persons in the areas or has particular expertise in relation to the access to premises or facilities of disabled persons

The (Acting) Returning Officer is entitled to make observations on any representations made to the Commission.

What will the Electoral Commission do?

The Electoral Commission is required to consider any representations and observations and may direct the relevant council to make any alterations it sees necessary to the polling places designated by the review. Should a Council fail to make the alterations within two months of the direction being given, the Commission may make the alterations itself.