Recall By-Election

Recall By-Election

Recall is where the electorate in an area can trigger a special election to remove an elected representative before the end of their term. In the UK only MPs can be recalled.

A by-election recall petition is open for six weeks. Electors may sign in person at a signing station or sign by post or by proxy.

For a by-election recall petition to be successful 10% of eligible registered voters need to sign the by-election petition. If the 10% threshold is reached the petition officer informs the Speaker of the House of Commons. On the giving of that notice the constituency seat becomes vacant. A by-election is then required. If the 10% threshold is not reached the recall fails and the MP retains their seat.

A recalled MP may stand as a candidate in the by-election. The timing of a UK Parliamentary by-election is determined by custom of the House of Commons: the party that previously held the seat will usually decide when to trigger the by-election.

Conditions to trigger a recall by-election

Under the rules of the Recall of MPs Act 2015 MPs can be recalled under three circumstances:

1. Conviction in the UK of any offence and sentenced or ordered to be imprisoned or detained, after all appeals have been exhausted.

Note: a sentence over 12 months in jail automatically disqualifies someone from being an MP.

2. Suspension from the House following report and recommended sanction from the Committee on Standards for a specified period (at least 10 sitting days, or at least 14 days if sitting days are not specified).

3. Convicted of an offence under section 10 of the Parliamentary Standards Act 2009 (making false or misleading parliamentary allowances claims).

Note: the sentence does not have to be custodial for this condition.

If one of the conditions is met the Speaker of the House must notify the local returning officer. They are known as a petition officer when dealing with a by-election recall petition.

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