Why we need an independent Electoral Commission

The UK’s guardian of public ethics is reviewing the role of the Electoral Commission in regulating election finance. The evidence submitted to the inquiry shows wide support for maintaining, and in some ways enhancing, the Commission’s functions. But the regulator’s position is also challenged from some quarters, and the House of Commons Public Administration and Constitutional Affairs Committee is currently conducting its own enquiry. Alan Renwick and Charlotte Kincaid argue that the debate raises important wider questions about the place of checks and balances in our system of democratic governance.

The Committee on Standards in Public Life – the body charged with monitoring ethical standards in public life in the UK – is conducting a review of electoral regulation. The terms of reference focus largely on the role of the Electoral Commission in regulating election finance. The first stage was a public call for evidence, and the responses were published last month. 

Grabbing some media headlines was a suggestion in the response from the Conservative Party that the Electoral Commission might be abolished, with its core functions transferred to other bodies. This was not the only option put forward in the submission. Indeed, the central proposal appeared rather to be that the Commission should continue to operate, but with a more restrictively defined remit. Nevertheless, the general tenor was striking. The submission said: ‘The Electoral Commission consistently lobbies for itself to be given more powers – this is not an argument for doing so. Rather, this is public choice theory in action: quangos seeking to expand their remit for their own sake.’

Following the same logic, however, that is a political party seeking to abolish or curtail the remit of the regulator of political parties. If the argument from public choice theory has any force against the Electoral Commission, it has the same force against the Conservative Party. Both the Commission and the Conservatives have interests at stake here. But both also have a wealth of relevant experience. Their arguments should be judged on their merits, with an eye to the possibility that they may be skewed by the organisations’ particular interests.

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Responding to the challenges of digital democracy during Ireland’s abortion referendum

com.google.Chrome.eocx2f (1)On 25 May, Ireland voted by a two-to-one margin to allow its parliament (the Oireachtas) to change the constitution in a way that would legalise abortion. In this post, Liz Carolan discusses the role of digital media in the referendum campaign, the challenges it poses for democracy, and potential solutions to the problems she observed.

Background

When it was announced that there was to be a referendum on abortion in Ireland, not many people anticipated a landslide; I certainly did not. I had spent the previous five months trying to monitor the financial and information flows behind digital political advertising, witnessing attempts at overseas interference, disinformation campaigns, and unregistered spending. With a tight result predicted by both polls and campaigns, I thought it was naive to think that the digital campaign would not be a deciding factor.

The Irish vote had real and concrete implications at home, but there were international stakes as well. Ireland’s constitutional ban on abortion was held up by activists in the US and elsewhere as an example to be emulated. Pro-choice advocates globally were watching too, as Ireland’s vote to legalise same sex marriage in 2015 had emboldened equal marriage activists around the world.

So long before polling day, threats to the proper functioning of the referendum were evident to those of us spending time thinking about technology and democracy. The first threat was that overseas or untraceable financing would be used to try to influence the vote. The second was that deliberate disinformation campaigns could spread untruths, disparage campaigners, and polarise or isolate voters. The last was that a large amount of campaign spending could happen under the radar.

Digital advertisements are particularly interesting because they bring together money, information, and the algorithms that determine who sees what, and importantly who doesn’t. They are often only seen by those targeted with them and they are ephemeral, with the ability to appear and vanish without leaving a trace. They had been an avenue for the alleged overseas interference and deliberate disinformation campaigns during the Brexit referendum and the 2016 US presidential election.

The work of the Transparent Referendum Initiative

Looking at the ongoing investigations into these cases, it appeared that investigators and legislators alike were having challenges even knowing what had happening online during the voting period. So in February some colleagues and I launched the Transparent Referendum Initiative (TRI). We decided to build a database of as many ads as we could, to make it available to as many people as possible, in as close to real-time as possible. We did this so the ads could be exposed to scrutiny, fact-checking, and source-tracing, so that any media or regulatory response could be swift and contemporaneous, rather than retrospective. Continue reading