A by-election (also written bye-election, and called a special election in the United States) is a contest held in a single constituency or district to fill a vacancy that arises mid-term. Unlike a general election, only voters in the affected seat go to the polls, and the outcome does not by itself change the government — though it can shift a narrow parliamentary majority or signal voter sentiment.
Vacancies typically arise from:
- Death of the sitting member.
- Resignation, including the UK convention of applying for the Chiltern Hundreds or Manor of Northstead, since MPs cannot formally resign.
- Disqualification (bankruptcy, conviction carrying a custodial sentence, loss of citizenship, etc.).
- Recall, e.g. under the UK Recall of MPs Act 2015, which triggered by-elections in Peterborough (2019) and Brecon and Radnorshire (2019).
- Elevation to another office, such as a peerage or judicial post.
Rules vary widely. In the UK, the writ for a by-election is usually moved by the whips of the party that previously held the seat, and polling typically occurs within three months. In Canada, the Prime Minister must advise the Governor General to issue a writ within 180 days of the Speaker being notified of the vacancy, under the Parliament of Canada Act. In India, Section 151A of the Representation of the People Act, 1951 generally requires by-elections within six months of a vacancy, provided the remaining term exceeds one year. In Australia, House of Representatives vacancies trigger by-elections, but Senate vacancies are filled by the relevant state parliament rather than by popular vote.
By-elections often attract disproportionate media attention as midterm referendums. Classic examples include the 1981 Crosby by-election in the UK, won by Shirley Williams for the SDP, and the 1962 Orpington by-election, a landmark Liberal upset. Turnout is usually lower than at general elections, and protest voting or tactical voting is common.
Example
In June 2019, Lisa Forbes won the Peterborough by-election for Labour after the seat's previous MP, Fiona Onasanya, was removed via the UK's first successful recall petition.
Frequently asked questions
They refer to the same concept; 'by-election' is standard in Commonwealth countries, while 'special election' is the US term for a vote to fill a vacant congressional or state seat between regular elections.
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