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You may be able to challenge the result of an election if you think it was not run properly, for example the votes were not counted correctly or a candidate broke the law.

You can challenge a UK Parliament election if either of the following apply:

• you had the right to vote in it
• you were a candidate

You can challenge a local government election if either:

• you’re part of a group of at least 4 people who had the right to vote in the election
• you were a candidate

The deadline

You must usually apply within 21 days of when:

• the result of the UK Parliament election was returned to the Clerk of the Crown in Chancery
• the local government election was held

A judge might let you apply after 21 days if:

• you think there have been corrupt or illegal practices, for example bribery
• your complaint is about election expenses, for example you think the winner spent more than they were allowed

To challenge an election you must apply to the Election Petitions Office. This is called issuing an election petition.

You’ll need to send:

• an election petition
• an application to pay ‘security for costs’

The Election Petitions Office will stamp the petition before you send (‘serve’) it to the people you’re complaining about (‘the respondents’). You can then apply to set a date for a hearing.

What to include in the petition

Your petition must say:

• why you’re allowed to challenge the election result
• the date and result of the election
• the reason you’re challenging the result, for example you think the votes were counted incorrectly
• what you would like to happen, for example a recount

For a UK Parliament election, you must also give the date the result was given to the Clerk of the Crown in Chancery. The person who oversaw the election (the ‘returning officer’) can tell you this.

You must sign the petition. You cannot ask a solicitor to sign it for you. If you’re part of a group, you must all sign.

Application for ‘security for costs’

You’ll need to make an application to pay ‘security for costs’. This covers the cost of going to court.

Fill in form N244 (the ‘application notice’) and send it with your petition.

Send your challenge

Send your petition and your application to pay ‘security for costs’ to the Election Petitions Office, along with your fees. The fees are:

• £646 to issue a petition
• £123 to apply for ‘security for costs’

Make your cheque or postal order payable to ‘HM Courts and Tribunals Service’.

The Election Petitions Office must receive your petition by the last day you’re allowed to challenge the result.

You can also hand in your petition in person. The Election Petitions Office is open on weekdays from 9:30am to 4:30pm.

On the last day you’re allowed to apply, you can apply any time before midnight. Put your petition in the letterbox outside room E110 if the office is closed.

Call the Royal Courts of Justice if you need to get access to the letterbox.

You must make a statement (‘swear an affidavit’) the next working day in front of a solicitor or a notary public. Your statement must confirm the day and time when you put the petition in the letterbox.

After you apply, the Election Petitions Office will tell you how much to pay for ‘security for costs’. The maximum is:

• £5,000 for a UK Parliament election
• £2,500 for a local government election
• £1,500 for a parish council election

You can pay cash or give the names of up to 4 people (‘sureties’) who will guarantee to pay. You must do this within 3 working days of handing in the petition.

You’ll usually get the ‘security for costs’ back if you win the case.

You should only contact the people you’re complaining about (‘the respondents’) once the Elections Petitions Office has stamped your petition. You must give (‘serve’) them the petition within 5 working days of paying the ‘security for costs’.

The person who won the election must be one of the respondents, even if you do not think they’ve done anything wrong.

What you must send

Send each respondent copies of:

• a letter (‘notice of presentation’) from your solicitor if you have one
• the petition you sent to the Election Petitions Office
• the letter from the Election Petitions Office showing the amount of ‘security for costs’ and how you’re paying (cash or guarantees)
• promises (‘affidavits’) from the people who guarantee to pay (‘sureties’) if relevant

You must also send copies to the Director of Public Prosecutions.

You can send your documents:

• in person
• by first class post
• through a solicitor

The court will consider documents to be served 2 days after they were posted if that’s a working day, or the next working day if it is not.

Contact the Election Petitions Office to set the date for the hearing. You should do this within 28 days of your petition being stamped.

If you do not apply to set a date for the hearing, the respondents will have 28 days to apply themselves. They can also make other requests, for example to cancel (‘set aside’) your petition.

A judge will set a date for the hearing if you and the respondents do not apply to set one.

At the hearing and trial

At the hearing a judge can appoint a commissioner to manage your complaint. The commissioner will look at the evidence, for example by checking the voting slips.

If the commissioner thinks there should be a trial, it will normally be at a court in the constituency where you’re challenging the result.

At the trial you and the respondents will each present your cases to the commissioner. Both sides can call witnesses to give evidence.

It usually takes several weeks to get a judgment. You’ll be called to a meeting with the commissioner to hear the decision.

You cannot appeal the decision.