When Are Elections Good Enough? Validating or Annulling Election Results
[emphasis added]. That is shown by the Hackney case,23 where two out of 19 polling stations
were closed all day, and 5,000 voters were unable to vote.
2. If the election was so conducted that it was substantially in accordance with the law as to
elections, it is not vitiated by a breach of the rules or a mistake at the polls – provided that it did
not affect the result of the election. That is shown by the Islington case,24 where 14 ballot
papers were issued after 8:00 p.m.
3. But, even though the election was conducted substantially in accordance with the law as to
elections, nevertheless if there was a breach of the rules or a mistake at the polls – and it did
affect the result – then the election is vitiated. That is shown by Gunn v Sharpe,25 where the
mistake in not stamping 102 ballot papers did affect the result.
This formulation, which remains valid in the U.K.26 and other jurisdictions that share the same legal
tradition, creates a two-step approach to annulment cases, which is summarized in the flowchart below:
U.K. "Two-Step" Approach to Election Annulments
While this approach allows flexibility in addressing situations of great seriousness, there is no simple
way of distinguishing between the two scenarios outlined above. Ultimately, this approach requires the
court to make a judgment call as to the seriousness of particular irregularities. As can be seen in the
2017 Kenya annulment case, this can be an extraordinarily difficult call to make, especially when an
adjudicator is working under tight timelines and with only partial information.
23
2 O'M. & H. 77.
17 T.L.R. 210.
25
[1974] Q.B. 808.
26
See UK Electoral Commission, Challenging Elections in the UK, 2012,
https://www.electoralcommission.org.uk/__data/assets/pdf_file/0010/150499/Challenging-elections-in-theUK.pdf. .
24
5