Why Management and Oversight of Elections requires immediate and drastic reform to ensure democracy

Abolition of the Electoral Commission.

Why the Existing Electoral Commission Must Be Abolished

The existing Electoral Commission, established in 2000, has consistently proven itself unfit for the critical role of safeguarding democratic integrity in the British Isles. Despite its statutory mandate, it has demonstrated the following systemic and structural failures:

  • Lack of Genuine Independence:
    The Commission’s leadership appointments and funding structures leave it vulnerable to political influence from the Government and Parliament, undermining public confidence in its impartiality.
  • Inadequate Enforcement Powers:
    The Commission lacks the authority to compel evidence, enter premises, or prosecute serious breaches of electoral law directly. It must rely on other agencies, limiting its ability to act swiftly and decisively.
  • Failure to Ensure Equality of Treatment:
    Repeated instances have shown that the Commission does not apply rules consistently to all political actors, fostering perceptions of bias and eroding trust in electoral fairness.
  • Toothless Investigations:
    Investigations into breaches of spending limits, foreign interference, and electoral misconduct have been slow, incomplete, and frequently inconclusive, with minimal consequences for serious offences.
  • Public Disengagement and Loss of Confidence:
    Public awareness and trust in the Electoral Commission are exceptionally low. Many citizens view it as a bureaucratic body detached from real enforcement or effective protection of democratic rights.

Given these fundamental and persistent failings, mere reform of the Electoral Commission is neither sufficient nor credible.
A new body, with true independence, real investigative and prosecutorial powers, and direct accountability to the law and the people, must be established in its place.

The British Election Authority represents the necessary and proportionate response to these failures. It will act to restore public confidence by embedding impartiality, integrity, and the rule of law at the heart of Britain’s democratic system.

Founding Principles of the British Election Authority

The British Election Authority shall be founded upon the following principles, which shall guide its operations, leadership, and decision-making at all times:

  • Independence:
    The Authority shall operate free from government, parliamentary, political party, or external influence, ensuring impartial oversight of all electoral processes.
  • Integrity:
    All actions taken by the Authority shall uphold the highest standards of honesty, transparency, and ethical conduct, without fear or favour.
  • Equality:
    Electoral law shall be applied equally to all individuals, parties, and organisations, without exception or preferential treatment.
  • Accountability:
    The Authority shall be publicly accountable for its actions through regular reporting, transparent investigation processes, and open judicial proceedings.
  • Justice:
    Breaches of electoral law shall be investigated thoroughly, prosecuted fairly, and punished appropriately to uphold public confidence in democracy.
  • Transparency:
    Investigations, findings, and judicial outcomes shall be made publicly available wherever possible, preserving the right of the public to scrutinise electoral fairness.
  • Public Service:
    The Authority exists to serve the people of the British Isles, ensuring that their right to free and fair elections is protected and respected at all times.
  • Rule of Law:
    The Authority shall act at all times within the bounds of British constitutional law, human rights obligations, and principles of natural justice

British Election Authority

Introduction

The current Electoral Commission is not fit for purpose. It lacks genuine independence, has limited enforcement powers, and has repeatedly failed to ensure that electoral laws are applied equally and transparently across the United Kingdom. To restore faith in democracy, a complete reform is urgently required. This paper proposes the creation of a fully independent body: the British Election Authority.

Proposal for Reform

This framework outlines the structure, powers, and principles for the British Election Authority (BEA), designed to ensure free, fair, and equal elections across the British Isles.

Status and Authority

  • The British Election Authority shall be constituted as an independent constitutional body, entirely separate from government, Parliament, local authorities, and political parties.
  • It shall have full authority to manage, oversee, regulate, and enforce laws concerning all elections and referenda within the British Isles.
  • It shall have binding, legal authority to investigate breaches, issue penalties, mandate corrective actions, and prosecute offences.

Leadership Structure

  • The BEA President shall be a Senior Judge and shall be elected by confidential, but otherwise open, ballot of all serving Judges and practising Barristers.
  • Internal Selection Panel to propose candidates.
    • When a new appointment is required, the selection panel shall be given the CV/Background of 15 potential Candidates, by the Investigations Team who will have completed a full background check on candidates that meet set criteria. The selection team shall not be given the identity of the candidates. They will then internally decide who the best 5 candidates are. These candidates will then be identified, and the election process shall begin within constraints set out in law.
  • Single five-year term.

BEA Board of Control:

  • A former Chief Constable – they shall also be head of the Investigations Division. 
  • The current Chief of the Defence Staff
  • A senior academic in constitutional or public law
  • A practising senior legal adviser or barrister employed directly by the BEA. 
  • Six randomly selected members of the public (Mandatory)
    • These shall be randomly selected from the electoral roll with minimal restrictions.
      • Must not be currently serving a Criminal Court Sentence
      • Must not be currently charged with any criminal offence and awaiting trial.
      • Must be a UK Citizen
      • Must not be employed by a foreign power/government.
      • Must not be employed (including self-employed) by or be
        • A political party
        • The BEA
        • A serving MP or Minister
        • A Union Leader
        • Employed by a political “Think Tank”
        • Be an employee of the Government (politically appointed)

Internal Divisions

The Authority shall consist of four principal divisions:

      1. Investigation Unit
        • Investigates suspected breaches with powers of entry, search, and evidence seizure under judicial warrant (Issued by the BEA President) and adhering to all statutory regulations with regards the collection and handling of evidence.  They shall not have the power or authority to halt an investigation without the approval of the entire Leadership Board in a supermajority vote (8 out of the 11 members)
      2. Prosecution Unit
        • Reviews investigations and independently prosecutes breaches before the Election Court.
        • They do not have the authority or powers to defer prosecutions.
      3. Election Court
        • Dedicated division with High Court-equivalent powers to try electoral offences.
        • They shall have a Court President with two other Judges
        • Jury shall be made of 15 members of the public with the same, looser, restrictions as for the Leadership team.
        • Convictions shall require a supermajority (10 out of 15) but deliberations shall be accompanied by a Constitutional and Legal expert to guide on the law.
        • They shall have the power to issue fines, remove public officials from office, even when elected, order forfeiture of personal property, issue cautions and in extreme cases, order incarceration.
        • They shall have the powers to issue warrants for the arrest of other persons who may have corrupted the election or political system.
      4. Parliamentary Integrity Division
        • Investigates MPs and Ministers for breaches of Codes of Conduct, corruption, and misconduct.
        • Powers to compel evidence, issue search warrants, and prosecute or recommend disqualification.

Powers and Responsibilities

The British Election Authority shall have:

  • Management and Oversight of all elections and referenda, including monitoring Returning Officers, local election staff, and the Electoral Roll. All those involved in managing an election shall be employed by the BEA.
  • Equal enforcement of regulations, covering election signage, advertising, donations, spending, and campaign conduct.
  • Full investigative authority with independent powers of entry, search, and seizure.
  • Authority to prosecute breaches of electoral law independently.
  • Financial auditing of political donations, candidate spending, and undeclared benefits.
  • Mandatory public reporting on investigations, findings, and outcomes.

Parliamentary Integrity Division

The British Election Authority shall include a dedicated Parliamentary Integrity Division, tasked with safeguarding public trust in elected and appointed office holders.

The division shall have the following powers and responsibilities:

  • Investigation of Members of Parliament and Government Ministers for breaches of their respective Codes of Conduct, acts of corruption, abuse of office, improper financial dealings, or other misconduct affecting the democratic process or integrity of Parliament.
  • Powers of entry, search, and evidence seizure, subject to judicial warrant issued by the Senior Judge of the Authority.
  • Independent decision-making on whether breaches require civil penalties, referral for prosecution, or disqualification from office.
  • Authority to recommend disqualification of individuals from holding public office, subject to judicial confirmation by the Election Court.
  • Mandatory publication of investigation findings, save where national security requires confidentiality.
  • Referral of criminal offences to the Election Court for trial where necessary.

This division shall replace the Parliamentary Standards Commissioner and Government Ethics Advisers for all matters relating to breaches of democratic trust, ensuring that investigations into MPs and Ministers are fully independent of Parliament, the Government, and political influence.

 Funding and Accountability

  • Funded by a ringfenced Parliamentary budget, separate from Government funding streams.
  • Annual independent audits by the National Audit Office.
  • Reporting annually to a joint cross-party parliamentary committee.

Conclusion

The British Democratic Alliance demands more than nominal oversight; it demands real independence, robust enforcement, and public trust. The British Election Authority would remove political interference from electoral oversight, enforce the law impartially, and uphold the integrity of every election.

The time for incremental adjustments has passed. The time for comprehensive, lasting reform is now.