Electoral Commission calls for greater power to enforce election law after thousands denied opportunity to vote in general election

The Electoral Commission has called for greater power to enforce election law to prevent the problems experienced at polling stations in many parts of the country which left many people unable to vote.

Speaking to the BBC's Election 2010 programme, the chair of the Electoral Commission, Jenny Watson, expressed frustraton that the Electoral Commission was unable to take sanctions against those constituencies that experienced problems and said that “the law may need to change” to ensure that it is in a better position to make sure that they do not happen again.

“We don't have a power of direction to tell returning officers what to do,” she said. “We have been saying for some time that the system that we have is at breaking point. There is a need for either greater coordination or for us to have greater powers of direction.”

Voters at some polling stations in London, Manchester, Sheffield, Birmingham, Liverpool, Newcastle and Surrey were unable cast their votes before the 10pm deadline due to the length of the queues at polling stations and, in one case, a lack of ballot papers. There was also some confusion about what to do with queueing voters, with some polling stations closing their doors at 10pm sharp and others allowing those waiting to cast their votes behind closed doors after the 10pm deadline.

Police are also investigating whether a 14-year-old boy was able to cast a vote in the Wyre and Preston North Constituency constituency while the BBC has reported that many expatriate voters were not sent postal voting forms.

The Electoral Commission claimed that its guidance made it clear that no ballot papers should be issued after 10pm, even to those that are already inside the polling station building, but that those who already had them by 10pm should be allowed to complete their vote.

In a statement issued this morning (7th May), the Electoral Commission said that it would undertake a “thorough review” of the problems encountered in some parts of the country to ensure that they are not repeated in future.

It said: “It is a cause for serious concern that many people who wanted to vote were unable to do so by 10pm when polls closed. Each Returning Officer is responsible for deciding numbers of polling stations in their constituency and the numbers of electors allocated to each polling station.

“By law, polls must close at 10pm and any voter issued with a ballot paper by 10pm should be allowed time to cast it, but no ballot paper should be issued after 10pm. There should have been sufficient resources allocated to ensure that everyone who wished to vote was able to do so. The Electoral Commission will be undertaking a thorough review of what has happened in those constituencies where people have been unable to vote.”

Voters are able to challenge the result of an election in their constituency by applying to the Election Petitions Office. Cases are are heard by two High Court judges, who have the power to rule that another election must take place. An application fee of £5000 is charged, which is returnable in the event of a successful outcome for the petitioner.

Meanwhile, human rights lawyer Geoffrey Robertson QC told the BBC that those denied the right to vote could sue the Electoral Commission for compensation under the European Convention on Human Rights, which guarantees the right to vote. "They will get at least £750 in my view,” he said.