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Exclusive - Electoral Law broken in Ealing Southall

I just picked up on this blog post over at the Telegraph:
Telegraph article
For legal reasons I am not linking directly to it as it contains information that breaches electoral law. You will also see that the specific information has been smudged out so as not to open myself up to legal procedures.

What this article in the Telegraph claims is that someone from the Tories has provided information pertaining to the initial validating of the postal votes in the Ealing Southall by-election. All political parties are allowed representatives to oversee the validation process however any release of an indication as to how the votes are going for each party is strictly prohibited as such a release could influence or be prejudicial to the outcome of the ballot.

Anyone in any doubt of the seriousness of releasing such information should consider schedule 6 of the 2000 amendments to the 1983 Representation of the People’s Act which clearly states:

“66A. - (1) No person shall, in the case of an election to which this section applies, publish before the poll is closed-

(a) any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.

(2) This section applies to-

(a) any parliamentary election; and

(b) any local government election in England or Wales.

(3) If a person acts in contravention of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.”

This is of course a very serious issue for the Telegraph in releasing this information but as the article specifically identifies the source as being from the Tories they may have some serious questions to answer - to the police.

[Update] The page on the Telegraph’s website has now been pulled.

30 Responses to “Exclusive - Electoral Law broken in Ealing Southall”

  1. Tyger responded:

    It gets worse and worse for DC.

    I wonder, how will Iain Dale spin this one? Should be fun.

    Brilliant scoop PP.

  2. 1.21 Jigowats responded:

    A brief and sober analysis of the Southall by-election here:

    http://playingagainstthespin.wordpress.com/2007/07/17/11/

  3. eugene responded:

    Oh I should not be too bothered- at least they are real votes unlike ones manufactured in Birmingham by the Labour Party a few years back, that got the UK likened to a banana republic by a judge.

  4. Tyger responded:

    Save that IP address, PP, I think that just may be an unfounded accusation… lawyers at the ready!

  5. Tyger responded:

    Very, very touchy these Tories, I find.

  6. Political Penguin responded:

    Yes Tyger they do seem to be very touchy. Don’t worry IP already saved. I’d love them to substantiate that claim. Not really a clever thing to do tonight of all nights when the police are monitoring my site.

  7. eugene responded:

    There is your link.

    http://news.bbc.co.uk/1/hi/england/west_midlands/4406575.stm

  8. Danivon responded:

    I notice that the Telegraph blog no longer shows the offending article.

    Still, pretending it didn’t exist won’t be an excuse for the beak, surely?

  9. Political Penguin responded:

    I do believe you said the votes were ‘manufactured’. I can’t see any reference to that there. Anyway, congratulations on your attempt to divert the thread of this post. Strange how you Tory types turn up and seem to have a complete inability to address the actual matter at hand.

  10. Political Penguin responded:

    Hi Danivon. Well, should the MET have any need, I have it all nicely stored. Including the bit from ConservativeHome that re conveys the same message. Just in case they’d like to investigate that as well.

  11. Danivon responded:

    Well, at least you have a scoop you can run with, Tom Watson’s has mysteriously failed to arrive.

    This Ealing by-election is bonkers.

    (by the way, eugene, all three main parties have been found doing similar things to what happened in Birmingham, so no fingers to point there)

  12. Chris Paul responded:

    Eugene is of course forgetting all the other PV problems which have sadly caught out representatives of all three main parties.

    On the main story I will post what I think in a few minutes. Saw this over at Political Betting - where the numbers are quoted in comments - at around the time you posted this PP.

  13. Political Penguin responded:

    Cheers Chris, just dropped by there to record their site too. Just in case you know. Equally it’s just been on Newsnight too so obviously word is getting around.

  14. leon responded:

    This election just gets worse and worse…

  15. jailhouselawyer responded:

    “This election just gets worse and worse…”. Things can only get better. I am loving every minute of it. Given that it is a test of Dave’s progressive Tories, methinks he has failed the test already. Bring on the next Tory Leader…

  16. Tim Ireland responded:

    HH!

    .. and may their next leader be a masculine leader.

    [*HH=Hear, all ye good people, hear what this brilliant and eloquent speaker has to say!]

  17. Tim Ireland responded:

    PS - Tyger, I owe you one. Your comment inspired my post:
    http://www.bloggerheads.com/archives/2007/07/ealing_southall.asp

  18. Political Penguin responded:

    Ooh, looks like the ,Beeb has now run with it.

  19. Tyger responded:

    No worries Tim, we’re all just so happy for PP and his scandalous baby.

  20. Bob Piper responded:

    Great scoop, mate. I would have blogged a link when I came in from the pub last night, but by then it was all over the world and everyone was referring to it. What a scoop. I bet the ‘hits’ have gone through the roof. Not bad for just a ‘childish’ blogger, eh?

  21. Emily Cooper responded:

    I also read this on the Telegraph and I am really surprised that a journalist for such a well know publication could be so naive as to report this, I really hope the law hasn’t been broken but if it has the journalist in question should be prosecuted.

    I understand you don’t want the figures in the article to be mentioned so I will not do so but I must say that if they are true the lib dems are well are truly out of it with it being incredibly close between the other 2 main parties for the win. I still think Labour will just edge it but it will be very exciting.

  22. Leon responded:

    “Things can only get better. I am loving every minute of it. Given that it is a test of Dave’s progressive Tories, methinks he has failed the test already. Bring on the next Tory Leader…”

    But who are the real winners and losers here? I’m at a loss as too what policies or local issues have made it into this election, that can’t be good for local people can it?

  23. Paul Macmanomy responded:

    Bob

    Cheap nasty shot never to be forgiven but then what’s new eh?

    I never accused Gareth of being childish or any other blogger for that matter (although lots are including yourself at times)- I referred to myself and myself alone.

    And on such cheap shots are deep friendships ended - hope never to meet you again MATE!!

  24. Political Penguin responded:

    Firstly apologies to those who have been waiting for their comments to be allowed on to the site. I have been out since 8.30 this morning and only got home a couple of hours ago for which my son has been taking up most of my time and this is the first opportunity to get round to the blog.

    I’ll just go through replies to various people:

    Leon:

    It is interesting to see how much the Tory Leadership has staked on this by-election, one wonders if it’s truly a good strategy for them. On how things played out on the patch then I’m afraid I cannot really comment having not actually been there. It doesn’t matter how many friends you have who are there and have reported things back, nothing beats being on the ground and getting the feel. Sadly I’ve been busy doing other things but am happy to contribute what little I can from my keyboard.

    Bob:

    Thanks Bob, no problems mate, yes you’re right, I think the server is straining a little bit today.

    Paul & Bob:

    Dudes, come on what’s all this about? Play nice, we’re all friends here. Well, apart from scummy Tories who try and change the subject when they’ve obviously got done.

    Finally, to Emily:

    Yes, I know your comment isn’t up. Although I honestly can’t see anything in your comment that might be reasonably construed as being in contravention of the law I’m fully aware that persons from the opposition parties are monitoring my site at the moment and I have no desire whatsoever to give them any opportunity to indulge in a bit of petty faux outrage or try to imply that I have broken the law. Therefore I will allow your post to go forward once the polls have closed this evening. Many apologies about holding it back but one has to be careful.

  25. Richard Gadsden responded:

    You can release the figures that the Telegraph had now; it’s after 10 pm and the polls have closed

  26. Political Penguin responded:

    Hi Richard, I was tempted to do a post later on about this with some thoughts but dependent on whether I’m in the mood or simply feel like sleeping by the time the results come in, just for you here they are. Personally I think they’re wrong but it goes, Labour and Tories joint on 33% and the LibDems on 26%. We will of course see in a couple of hours time (dependent on turnout).

  27. jailhouselawyer responded:

    I would like to see Labour, LibDem and Tory in that order, please.

  28. Political Penguin responded:

    Looks like you’ll get your wish mate. Now let me think, the Tory end of the blogosphere has been bigging it up on cash for honours and how well they’re doing in Ealing Southall. Hmm… That would be no case from the CPS and getting stuffed into third place in Ealing. They’re going to have to come up with some really good excuses for all this. No doubt it’s all a conspiracy, probably being secretly controlled by the dark powers of the Sith involving Tom Watson of course.

  29. Aamir responded:

    Has all this Electoral Law fiasco in Southall simply been forgotten?

  30. Political Penguin responded:

    That’s a very good question Aamir. I’ll have to check and find out.

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