Recommendation 68

We believe the Electoral Commission carries out a vital role as an independent regulator in the elections sphere, providing vital guidance and support to electoral administrators, political parties, individual candidates and the wider public. However, it is a regulator without sufficient teeth. Approbatory assessments and warnings are not sufficient. We call for the Government to establish an independent review of the Electoral Commission’s powers, to be carried out with a view to giving it the powers necessary to rigorously and proactively ensure that elections are carried out in a fair, impartial, and truthful environment. As a start, while we do not believe the prosecutorial power removed by the Elections Act 2022 should be restored, we do think the Electoral Commission should have the power to refer cases directly to the Crown Prosecution Service. As part of this review, it should be considered whether the Electoral Commission should have the power to bar a candidate from standing. This review should also consider whether other bodies are better placed to act or work in conjunction with the Commission, and if the powers of these bodies should also be strengthened. (Conclusion, Paragraph 175)