Angela Eagle has launched her leadership challenge against Jeremy Corbyn.

The plan is to keep Corbyn off the ballot. The rebels claim he needs to be nominated, his camp claims the leader does not need to be nominated.

Here are the rules:(pdf)

2.
Election of leader and deputy leader
A.
The leader and deputy leader shall be elected separately in accordance with rule C below,unless rule E below applies.
B.
Nomination
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.
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 percent of the Commons members of the PLP.
Nominations not attaining this threshold shall be null and void.

Those who wish to suggest that the rebels are correct, or that the law could easily be read either way, tend to quote only one part:

In this case any nomination must be supported by 20 percent of the Commons members of the PLP.

Nominations not attaining this threshold shall be null and void.

This section later seems key to the “not on ballot” argument.

Valid nominations shall be printed in the final agenda for party conference, together with the names of the nominating organisations and Commons members ofthe PLP supporting the nominations. In the case of a vacancy under E below this information shall be included with the documentation circulated with any ballot.

This suggests that everyone must be nominated in order to go on the ballot.

The first section clearly implies that only challengers need nominations. The second section, however, speaks of nominees being printed.

I am given to understand that those who drafted the regulations say that the intent was for the leader to automatically be on the ballot.

There is a strong argument that, legally, Corbyn, in the name of fairness, should be excluded from the ballot. You may read it here.

In any case, it seems clear that this will go to the courts. I am not sanguine, but we shall see.

I would suspect, if Corbyn is not on the ballot, that we may see some very bitter battles as members attempt to de-select and re-select MPs. There is also a real chance of the party splitting (as there is if Corbyn is on the ballot). The Conservative party will do very well out of this, but clearly it is most important to rebel MPs to keep the party as a neo-conservative party, not to oppose the Conservative party. (As it happens, I think they’re right. The Conservatives will do mostly what they would do, just somewhat more of it.)

The game continues.


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