Election court hears postal vote fraud claims

A special election court has begun hearing claims of postal vote fraud in last year's city council elections in two Birmingham wards.

The hearing opened on 21 February before Richard Mawrey QC, who is sitting as an election commissioner. It will examine petitions challenging the results in the Aston and Bordesley Green wards at the council elections held on 10 June 2004.

The allegations

The petitions allege that postal votes were obtained and filled in fraudulently on a large scale, and that this affected the outcome of the elections in both wards. Labour candidates won all six seats in the two wards.

The six councillors deny any wrongdoing. The court will hear evidence over the coming weeks from witnesses, police officers and election staff, and will then decide whether the elections were valid.

The case centres on postal voting, which was made available on demand to all voters in 2001. Supporters say it makes voting easier, especially for the elderly, the disabled and people who work long hours. Critics have warned for some time that it is open to abuse, because ballot papers can be filled in away from the polling station without anyone checking who is doing it.

An unusual procedure

Election courts are rare. They are used to hear challenges to election results, and can overturn a result if they find that the election was not properly conducted or that corrupt or illegal practices took place. If the commissioner finds against the councillors, the elections could be declared void and new ones held.

The hearing is being followed closely by politicians and election officials across the country. With a general election expected within months, and millions of people now voting by post, any finding of serious fraud would raise questions about the security of the whole system.

The June elections

Last year's council elections in Birmingham were held on the same day as the European Parliament elections, and turnout was higher than usual, partly because of the large number of postal votes. In some wards, the number of postal votes was far higher than in previous years.

The elections also brought a change at the Council House. Labour, which had lost its overall majority the year before, lost more seats, and a Conservative and Liberal Democrat partnership now runs the city, led by Councillor Mike Whitby.

The police have also been investigating claims of fraud relating to the elections, and a number of people have been questioned.

What happens next

The hearing is expected to last several weeks, with the commissioner's judgment to follow. Whatever the outcome, the case has already prompted calls for tighter controls on postal voting, including checks on signatures and dates of birth.

Election staff in Birmingham say they have already strengthened their procedures, but many believe changes to the law will be needed to restore public confidence in the postal vote.