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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鈥檙e 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鈥檒l need to send:

• an election petition
• an application to pay 鈥榮ecurity for costs鈥�

The Election Petitions Office will stamp the petition before you send (鈥榮erve鈥�) it to the people you鈥檙e complaining about (鈥榯he respondents鈥�). You can then apply to set a date for a hearing.

What to include in the petition

Your petition must say:

• why you鈥檙e allowed to challenge the election result
• the date and result of the election
• the reason you鈥檙e 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 鈥榬eturning officer鈥�) can tell you this.

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

Application for 鈥榮ecurity for costs鈥�

You鈥檒l need to make an application to pay 鈥榮ecurity for costs鈥�. This covers the cost of going to court.

Fill in form N244 (the 鈥榓pplication notice鈥�) and send it with your petition.

Send your challenge

Send your petition and your application to pay 鈥榮ecurity for costs鈥� to the Election Petitions Office, along with your fees. The fees are:

• 拢626 to issue a petition
• 拢119 to apply for 鈥榮ecurity for costs鈥�

Make your cheque or postal order payable to 鈥楬M Courts and Tribunals Service鈥�.

The Election Petitions Office must receive your petition by the last day you鈥檙e 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鈥檙e 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 (鈥榮wear an affidavit鈥�) 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 鈥榮ecurity for costs鈥�. The maximum is:

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

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

You鈥檒l usually get the 鈥榮ecurity for costs鈥� back if you win the case.

You should only contact the people you鈥檙e complaining about (鈥榯he respondents鈥�) once the Elections Petitions Office has stamped your petition. You must give (鈥榮erve鈥�) them the petition within 5 working days of paying the 鈥榮ecurity for costs鈥�.

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

What you must send

Send each respondent copies of:

• a letter (鈥榥otice of presentation鈥�) 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 鈥榮ecurity for costs鈥� and how you鈥檙e paying (cash or guarantees)
• promises (鈥榓ffidavits鈥�) from the people who guarantee to pay (鈥榮ureties鈥�) 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鈥檚 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 (鈥榮et aside鈥�) 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鈥檙e 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鈥檒l be called to a meeting with the commissioner to hear the decision.

You cannot appeal the decision.