Jacob Eisler: The Elections Act in Uncertain Times: Democracy, Partisanship, and the Uncodified Constitution

UKCLA's avatarUK Constitutional Law Association

The Elections Act 2022 – finally law after a long and contentious development in the Commons and the Lords – implements a number of controversial measures. The IDprovision requires that persons present a photographic identification at the polls. This has raised concerns of suppressing the vote of economically and socially vulnerable groups who may be less likely to possess such ID. The lack of evidence of widespread voter deception in the UK undermines its justification as an anti-fraud measure. A separate provision places the Electoral Commission under greater governmentcontrol, politicising the previously independent watchdog of campaign financing and electoral integrity. While advocates for the provision argued for it on the grounds of political accountability, it has raised concerns that the neutrality desirable of an electoral regulator is being needlessly sacrificed.

The legislative unfolding of the Act casts light on a deeper political crisis facing democratic self-rule in…

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