Joanne Marshall says a new Bill will hopefully bring an end to voting fraud
Postal voting fraud, a sore topic for returning officers and their insurers, re-entered the spotlight when a Labour councillor found guilty of vote-rigging in Birmingham appealed against the decision.
On 3 May the Court of Appeal allowed Muhammad Afzal's appeal against the Election Commissioner's finding that he was guilty of corrupt and illegal practices relating to the local election in the Aston ward in June 2004.
The court concluded that the commissioner failed to ensure that Afzal had a fair opportunity to deal with the case made against him - a fundamental requirement of a fair trial.
The commissioner's findings in relation to the other Labour councillors charged remain intact, however, and local elections in both Aston and Bordesley Green will be re-run shortly.
Despite reports of police investigations into electoral fraud in various constituencies since the general election, there have, to date, been no reports of any election petitions being presented.
Various deadlines are prescribed under statute and, depending on the nature of the allegations, returning officers (and their insurers) may not yet be safe.
Cover for a returning officer is likely to be provided by way of endorsement or extension to a public authority policy. In most cases it will cover the costs for defence and the re-running of an election.
Even if an election petition does not go beyond the scrutiny stage (where ballot papers are re-counted, usually before a senior master) defence costs may still be significant. The costs of re-running an election are likely to depend upon the size of the electoral area concerned.
There is good news, however, on the horizon for returning officers and their insurers. The Electoral Administration Bill will introduce measures including a two-year maximum prison sentence for fraudulently applying for a postal vote.
The Bill is envisaged to come into force prior to next year's local elections.
Insurers providing cover to returning officers may be advised to watch the Bill's passage as some measures, such as the return of postal vote applications directly to a council rather than through a political party or other intermediary, are more controversial than others.
It is hoped that effective safeguards against events such as those in Birmingham will mean less opportunity for fraud and therefore fewer claims on policies.
' Joanne Marshall, a litigation assistant with CMS Cameron McKenna, acted on behalf of the Birmingham Returning Officer in the local election inquiry in Birmingham
