Briefing for Electoral Reform Society suggests voter ID trial may have been unlawful

A briefing by barristers for the Electoral Reform Society has suggested that May’s trial of voter identification at polling stations could have been unlawful.

Antony Peto QC and Natasha Simonsen, of Blackstone Chambers, said this was because ministers acted beyond their powers to impose the pilots in Bromley, Woking, Gosport, Watford and Swindon.

Voters in the last two were required to bring poll cards with them to polling stations, while those in the first three needed photo identification.

Ministers said the measure was intended to combat personation.

Blackstone said the question of powers arose because secondary legislation had been used, rather than a vote in Parliament, as the Representation of the People Act 2000 allows changes by secondary legislation only in cases where voting would be made easier rather than more difficult.

ERS chief executive Darren Hughes said at the time of the trials that they were “ill thought-out, and raise serious concerns for our democracy”, since people might be deterred from voting

A Blackstone statement said: “This was a briefing note prepared for use by the Electoral Reform Society. It is not a formal legal opinion and was not prepared in relation to any current proceedings.”