Nominations
Do the rules of the Labour Party imply that JC is required to gather 20 percent of the PLP, in the same way as his challengers?
The Rules
Let's pick out all the clauses relating to the leadership election that use the words nomination or nominee:
4.II.2.B.i In the case of a vacancy for leader or deputy leader, each nomination must be supported by 12.5 per cent of the Commons members of the PLP. Nominations not attaining this threshold shall be null and void.
4.II.2.B.ii Where there is no vacancy, nominations may be sought by potential challengers each year prior to the annual session of party conference. In this case any nomination must be supported by 20 per cent of the Commons members of the PLP. Nominations not attaining this threshold shall be null and void.
4.II.2.C.ii The votes of each nominee in each section shall be calculated as a percentage of the total votes cast in that section and shall then be apportioned as follows:
- a. Section 1 (members of the Commons and European PLPs) – one third
- b. Section 2 (individual members of the party) – one third
- c. Section 3 (members of affiliated organisations and members of the ALC) – one third.
4.II.2.C.v The votes of each nominee in each section shall be calculated as a percentage of the total votes cast in that section and shall then be apportioned as follows, subject to vi below:
- a. Section 1 (members of the Commons and European PLPs) – 30%
- b. Section 2 (individual members of the party) – 30%
- c. Section 3 (members of affiliated organisations and the ALC) – 30%
- d. Section 4 (registered supporters) – not more than 10%
4.II.2.C.ix The votes cast for each nominee in each section shall be recorded and published in a form to be determined by the NEC as soon as possible following any election.
The Question
In clause 4.II.2.B.ii, does "any nomination" mean "anyone challenging the incumbent", or does it mean "anyone taking part in the leadership contest, including the incumbent"?
Interpretations
Pro-Corbyn Argument
In clause 4.II.2.B.ii, "nominations" is used in relation to challengers. The next sentence's use of "any nomination" should be read in the same light. Therefore JC, since he is the incumbent rather than a challenger, is not subject to the requirement to gather signatures.
Anti-Corbyn Argument
The word "nominee" is used to mean every entrant (including the incumbent) in the leadership contest in the following clauses:
- 4.II.2.C.i
- 4.II.2.C.v
- 4.II.2.C.ix
The phrase "any nomination" in the second sentence of clause 4.II.2.B.ii should therefore be understood as referring to everyone in the contest: both JC and the challengers.
If a different meaning had been intended, those clauses would have used a different descriptor such as "contestant".
Who's Right?
Neither. Both. Either construction is arguable enough that a court is very unlikely to overrule it.
The drafters of the rules clearly never envisaged a situation where the incumbent would still contest an election without being able to gather the same number of signatures as a challenger.
But for practical purposes, it's clear that Corbyn had to be allowed to stand: any challenger who won if Corbyn was not allowed to stand would not be viewed as having enough legitimacy to be an effective leader of the Party.
Further Reading
Jack Of Kent: "How Corbyn could be left off the ballot – and why he shouldn’t be."