How can Boris Johnson call an early election?

by Aubrey Allegretti and Greg Heffer, political reporters

Parliament has found itself opposed to the government on a new issue: Whether to have an early election.

Boris Johnson has called for a snap poll, after weeks of insisting he did not want one.

While most opposition parties are keen, they first want to try to stop a no-deal Brexit on 31 October.

A bill expected to become law on Monday will force the prime minister to seek to delay the deadline, but the EU will make the ultimate decision in mid-October, so some want to wait until Brussels' response is guaranteed.

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Mr Johnson tried to push for an early election but fell far short of the two-thirds of MPs' support he needs, and is expected to fail again when he tries a second time next week.

One Tory source summed the situation up as: "We're being held in government by the opposition and the MPs we just kicked out."

So how could Mr Johnson still call an election? Paste BN takes you through the four routes that could get us there.

Using the Fixed-Term Parliaments Act

The easiest way to call an election is to use the law known as the Fixed-Term Parliaments Act.

It says elections must be held on a pre-determined date every five years, but if MPs want an early election then two-thirds of them have to vote for it - a total of 434.

That happened in 2017, when Theresa May called a snap poll to strengthen her hand in Brexit negotiations, and the opposition parties relished the challenge to unseat her.

Mr Johnson tried to use the same device, and tabled a motion stating "there shall be an early parliamentary general election", but did not get the required number of votes in the Commons after only 298 MPs backed it.

He could try to use the same method again.

Pass a motion of no-confidence

If a government is struggling to govern, the opposition can call a vote of no-confidence.

After 14 days, if no alternative government can win a vote of confidence then an election is automatically triggered.

Alternatively, Mr Johnson could also take the unusual - and extreme - step of calling a vote of no confidence in his own government, and then order Tory MPs to abstain.

One-line bill

It has been suggested the government could get around the need for two-thirds of MPs to support an early general election by passing a one-line bill.

It would say: "Notwithstanding the Fixed-Term Parliaments Act, we will have a general election on 15 October."

This would likely require only a simple Commons majority to pass, but might prove problematic as MPs could attach conditions to an election by amending the bill.

The House of Lords could also reject the bill.

Boris Johnson's resignation

Could he? It would be a way to bring down his own government and effectively force MPs into having no other option but a general election.

While it's technically possible, Downing Street sources have outright rejected any suggestion that he'll take this route.

So when could there be an election?

Mr Johnson wants to hold one on Tuesday 15 October - meaning parliament would be suspended while all MPs lose their positions and the battle to gain them takes place across the country.

It was reportedly moved forward by a day after Downing Street aides realised it clashed with the Jewish holiday of Sukkot.

If it does happen on 15 October, that would deliver a result just ahead of an EU summit, where the prime minister claims he will try to get a new deal signed off by Brussels, in time for Brexit to happen as planned on Halloween.

If the cross-party group of MPs trying to delay a no-deal Brexit succeed in getting the deadline moved to 31 January 2020, that would leave more breathing space for an election later in the winter.