(13/05/2010)

Compensation Claims for Voters Turned Away from General Election Polling Stations

The general election may now be finally settled with a new government in place in Downing Street but ongoing recriminations regarding some of the problems on polling night could see the body that oversees the election in court.

The Electoral Commission is facing the ire of hundreds, possibly thousands of voters, who were denied the chance to vote on May 6^th when some polling stations were closed whilst people were queuing outside. Many polling stations in major UK cities such as Manchester, Liverpool, Sheffield and London saw angry confrontations between voters and polling station staff as election officials closed polling stations at 10pm with some voters left outside being denied the chance to cast their vote.

The Electoral Commission has said it may be possible that results in a few constituencies could be face legal challenges and has launched an inquiry into events on the night.

However it has also emerged that it may be possible for voters, who were denied their democratic right to vote when polling station doors were closed, to make a compensation claim with many legal commentators speculating about the possibility that voters can sue for compensation under European human rights legislation.

Increased turnout has been highlighted by councils and officials as a major factor in causing large queues that delayed and ultimately prevented people from voting however the election however the turnout of around 65% was lower than the 71% that voted in Labours landslide victory of 1997.

It has been suggested that certain councils had implemented cost cutting measures on election night and there are many accounts from voters of undertrained and panicking officials on the night of the election as well as polling stations that appeared to be suffering from low numbers of staff.

Human rights lawyer Geoffrey Robertson QC is one of the most prominent voices to add his views to this complex legal situation, stated that people denied the right to vote should make a compensation claim.

“These people have a right to sue,” he says. “They will get at least £750 in my view. Under the European Convention you have a right to vote. They were terribly disappointed. They should all sue and get money from the Election Commission, which seems to have incompetently overseen it.”

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