The Elections Bill: some good ideas, but more thought needed

The Elections Bill has been subject to both criticism and praise, as discussed by our Deputy Director Alan Renwick on this blog, and numerous contributors to a parliamentary inquiry. Justin Fisher, a panellist at the Unit’s recent seminar on the bill, argues that it has several good proposals, but that more thought about certain aspects is required.

Of all the provisions in the Elections Bill, most attention has been paid to plans to introduce voter identification and greater political control of the Electoral Commission. Those provisions are obviously important, but the bill also includes significant proposals relating to notional expenditure and ‘third parties’ – organisations that campaign in elections but do not themselves field candidates. Some of these proposals, while ostensibly positive and well intentioned, have the potential to significantly affect the conduct of elections if they emerge from the scrutiny process unchanged. Others represent a disproportionate response, which are likely to lead to difficulties.

Notional Expenditure

Notional expenditure refers to campaign spending in and around constituencies which does not promote any particular candidate. Such spending is typically ascribed to the party at national level rather than the candidate at constituency-level. It is a by-product of the fact that there are different expenditure limits for candidates and for parties, and that under our electoral system, all parties target their campaign activity as far as possible on seats that they are seeking to gain or hold. Critics argue that candidate spending limits are rendered meaningless by parties’ targeting efforts, and matters came to a head at the 2015 election when in one seat, the candidate, his agent and a Conservative Party official were charged following allegations that campaign spending had not been properly declared. The candidate and agent were acquitted, but the party official was found guilty. The bill adopts a conservative approach to the issue but a sensible and most importantly, a workable one.

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The Elections Bill: examining the evidence

The Elections Bill is currently being scrutinised by the Commons Public Administration and Constitutional Affairs Committee, which has received a large amount of evidence from a wide range of academics and organisations. Ahead of the Unit’s September webinar on the bill, Emilia Cieslak offered a summary of the key themes, including the parts of the bill that are welcomed, and the sections that have caused concern.

The Elections Bill currently before parliament aims to tackle a wide range of issues, including fighting electoral fraud, increasing parliamentary supervision of the Electoral Commission, and extending the franchise to more overseas electors and EU citizens. The bill recently received its second reading in the Commons. It is currently going through committee stage and is also being reviewed by the Commons Public Administration and Constitutional Affairs Committee (PACAC). While some provisions have proved popular, many have attracted criticism.

This post reviews the written evidence submissions to PACAC’s inquiry, focusing largely on the most controversial provisions: the introduction of photographic voter ID, changes to parliamentary scrutiny of the Electoral Commission, and reform of campaign spending rules. Before addressing those controversial aspects, however, I highlight sections of the bill that are generally welcomed.

Popular provisions

The bill proposes to abolish the current 15-year limit after which overseas electors become ineligible to vote. This has so far met very little opposition, and has strong support from groups representing British citizens living abroad. Several submissions (for example, from the Electoral Commission and Association of Electoral Administrators) do, however, draw attention to practical difficulties. And one submission, from Professor Justin Fisher, argues that the principled case for the change is not straightforward.

Meanwhile, no submissions oppose extending voting and candidacy rights to EU citizens through bilateral arrangements with individual member states. Most welcome changes to provision for voters with disabilities, though some identify what they see as flaws in certain elements of those measures.

The introduction of digital imprints is hailed as an overdue, necessary step to tackling the problem of misleading campaign material online. Most respondents writing on the topic argue that the provision is a good start, but that more is needed. Dr Sam Power comments that the provision should be accompanied by a renewed focus on citizen engagement and digital literacy campaigns. The Electoral Reform Society argues for a requirement that campaigners provide invoices on their digital spending, an open database for all political advertisements, and a code of practice on use of sensitive data. Multiple respondents warned about the rapid development of technology which means the legislation will require post-legislative scrutiny and frequent updates to avoid new loopholes developing.

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Wales has put effective legislation in place to make the Senedd polls COVID-safe

For the sixth time since devolution in 1999, voters in Wales have the opportunity to participate in a Wales-wide election, with all 60 seats of the Welsh Parliament in play. Elections across the UK were postponed last May due to COVID-19, but the ones set for this spring look like they will go ahead. Toby James and Alistair Clark argue that Wales has taken significant steps to ensure that voters are able to participate in a safe and fair election.

To postpone or not to postpone? That has been the question facing elections scheduled for May across the UK. All of these contests are important, but those being held in Wales have a special importance for Welsh citizens. They will have the opportunity to elect all 60 members to the Senedd Cymru (Welsh Parliament). It will be the sixth general election since devolution in 1999 – but the first time that 16- and 17-year-olds will be able to take part.

The pandemic, however, has led to arguments about whether elections should be postponed. There is a health argument for postponement. Restrictions have been put on many aspects of life in order to prevent the spread of the virus. But the quality of the election can also be compromised by the pandemic. Restrictions on campaigning might be in place, such as bans on leafleting, which smaller parties have complained are unfair on them. So what should be done?

The evidence from around the world

As part of an ESRC-funded research project, we have been tracking how elections have been run around the world since the pandemic began, in collaboration with International IDEA and the Electoral Integrity Project. We have published case studies that have described the experience on the ground, alongside data on the measures put in place to make elections COVID-safe.

Many countries did postpone for a while. Elections have been postponed in at least 75 countries since last February. But at the same time, over 100 eventually held their contests. Proposals to postpone elections are at first glance associated with undermining the democratic process and denying citizens their right to vote. Postponements, as was shown in a recent article in Election Law Journal, are not all just power grabs by would-be dictators or incumbent governments. They can be for multiple different reasons, and there is a humanitarian case for postponement where there is a threat to human life. 

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The rules of the election campaign: problems and potential solutions

alan.jfif (1)The election campaign that concluded last week was often a depressing sight for democrats, with rampant misinformation and occasional threats against institutions that try to foster better debate. In this post Alan Renwick identifies key problems and assesses four possible solutions. Given the prevailing political environment, he concludes, a concerted effort from parliamentarians, broadcasters, and others will be needed to carry the case for positive reforms forward. 

Electoral law in the UK urgently requires reform. This has been the unanimous conclusion of a slew of recent reports from respected organisations – including the Electoral Commission, Association of Electoral Administrators, and the Digital, Culture, Media and Sport and Public Administration and Constitutional Affairs committees in the House of Commons. Michela Palese and I also argued the case in a report earlier this year. Many aspects need attention. Some are drily technical: our complex and often opaque election rules badly need basic consolidation, simplification, and clarification. Others get to the heart of the kind of democracy we want to live in. Campaigning has been transformed by the digital communications revolution, but the rules have utterly failed to catch up.

This post focuses on campaign conduct. It begins by briefly reviewing problems during the 2019 election before focusing on four possible solutions. Finally, it considers the prospects for serious reform.

The conduct of the campaign

The shift to online campaigning continued apace. According to Facebook’s data, the three main parties’ central organisations alone spent £3.5 million on advertising on the site in the 12 months preceding the election, the great bulk of it coming during the campaign period. Each party posted thousands of separate ads, often targeted at very small numbers of voters. Local parties and other campaign groups also weighed in strongly. It will take considerable time for detailed analysis of all this material to be completed.

Misinformation was rampant throughout the campaign, from all sides. Boris Johnson’s core promise to ‘get Brexit done’ by 31 January 2020 was well known to be a gross simplification, while Conservative promises on new hospitals and extra nurses were found wanting. So were Labour’s claims that 95% of people would pay no extra tax under its plans and that the average family would save over £6,000. The Liberal Democrats were criticised most for misleading bar charts and sometimes manifestly false claims about their own electoral prospects.  Continue reading

How to get politicians to think experimentally

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Politicians engage in a variety of local campaign strategies that they think will help them get re-elected, but they don’t really know if the money they spend works or not. Peter John explains how experiments conducted by politicians and researchers working in partnership can be a useful way of finding out what actually works in local campaigning.

Experiments are becoming very common these days as public agencies turn to randomised controlled trials to evaluate public policies.  The Behavioural Insights Team, which was in the Cabinet Office, has blazed a trail by using trials to test for a range of innovations, such as getting income tax paid on time, collecting court fines, getting people into work, and improving education attainment, just to name a few of the recent applications. Despite this growing interest, one group of people doesn’t use experiments very much: the politicians, at least those in the UK.

Politicians want to get re-elected and they engage in a variety of local campaign strategies  with the aim of improving their chances of doing so such as leafleting, e-mailing, door knocking, using social media, and buying space in newspapers. But they don’t really know if the money they spend generates votes in the ballot box.  Politicians have been advised that they need to get information on the type of voters who support them so that they can target messages to them, or find their core or loyal voters to ensure that they turn out to vote.  But looking at election results after spending the money does not tell them whether their campaigning worked or whether they would have won anyway. In contrast, experiments use randomisation to provide a fair comparison between doing nothing and carrying out an intervention.

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