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Jo Maugham QC
@JolyonMaugham
, 5 tweets, 2 min read Read on Twitter
Based on what we can see it looks to me like the Brexit Party may well be breaking electoral law. scramnews.com/jolyon-maugham…
The Electoral Commission - whose public statements don't fill one with confidence that it has a handle on this - really needs to get a grip and open an investigation pronto.
Here's @ScramNews' piece based on my blog. scramnews.com/jolyon-maugham…
This thread, of yesterday, explains how the Court of Appeal has made it very difficult to do anything meaningful about breaches of electoral law after they've happened.
Hey @AskPayPal. Are you guys aware of this offence?
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Jo Maugham QC
@JolyonMaugham
This is a completely inadequate response from the @ElectoralCommUK. The facts point to the Brexit Party deliberately facilitating unlawful donations.
theguardian.com/politics/2019/…
Here's what the Brexit Party's fundraising does and I've yet to hear a lawful explanation for it. scramnews.com/jolyon-maugham…
By refusing to investigate the evidence trail goes cold and irreversible harm is done.
Read 3 tweets
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Jo Maugham QC
@JolyonMaugham
A Brexit Party leaflet was enclosed within the official envelope containing the bundle of materials sent to @thehistoryguy to enable him to exercise his postal ballot in the European Parliamentary Elections. THREAD
Before I go on, I need to say I am not a specialist election lawyer.

The law governing the conduct of European Parliamentary elections is contained in these regulations. legislation.gov.uk/uksi/2004/293/… /1
They make very detailed provision for the form of the ballot paper (see page 82 and Schedule 1 paragraph 22). /2
Read 15 tweets
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Jo Maugham QC
@JolyonMaugham
You read this stuff and you wonder: has the approach taken by the Court of Appeal in the Wilson case - the person complaining of a breach of electoral law has to show that the result would (or would probably) have been different - created an open season on democracy?
The Court of Appeal used both formulations (bailii.org/ew/cases/EWCA/…). Both seem to me to place on someone seeking to secure the observance of electoral law an intolerably high burden: how does that person prove cheating changed the result?
This means, in practice, electoral law only applies to some participants. Reputationally sensitive participants abide by it because they can't afford not to. Reputationally insensitive participants can ignore it with relative impunity.

The law *creates* a tilted playing field.
Read 5 tweets

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