The government’s electoral reform agenda: an assessment

alan.jfif (1)The Johnson government is committed to maintaining the core element of the electoral system – First Past the Post. But it has indicated its intention to pursue a range of other reforms. In this post, Alan Renwick assesses its agenda. Most urgent is the need to update campaign rules to reflect the digital age – but the strength of the government’s will to act here remains unclear, and recent steps that could undermine media independence are worrying. Other proposals are mixed, but some have the potential to strengthen the system.

Boris Johnson’s government has indicated plans to reform four aspects of the electoral system: (1) who can vote; (2) the process of voting; (3) how constituency boundaries are set; and (4) the campaign rules. This agenda excludes the core of the system: the principle of First Past the Post. But that is unsurprising: as I examined in a book published in 2011, political parties rarely change the electoral rules that empower them; there is no reason to expect an exception in current circumstances.

This post examines each of the four areas of proposed action. The third and fourth areas deserve most attention: valuable reform of boundary setting is possible; and strengthened rules around digital campaigning are urgently needed. Whether the government will focus on what matters remains to be seen.

Who can vote

The Conservative manifesto said two things about the franchise: the voting age will not be reduced to 16, as has happened for local and devolved elections in Scotland and Wales, and as Labour promised in its manifesto; but voting rights will be extended to all British citizens living abroad, eliminating the current 15-year limit.

I have set out the case for votes at 16 in a previous post, and will not rehearse the arguments here. Enfranchising expats, meanwhile, is unlikely to cause much controversy. Yet it appears to be a relatively low government priority: the December Queen’s Speech said merely that the relevant measures would ‘be brought forward in due course’. Commitments to so-called ‘votes for life’ appeared in the 2015 and 2017 Conservative manifestos too, but no progress followed.

The process of voting

The government wants to reform the voting process for two reasons: to improve accessibility for people with disabilities; and to tackle electoral fraud.

The first of these is uncontroversial. Though it was not mentioned in the Conservative manifesto, the December Queen’s Speech (repeating commitments in the Queen’s Speech in October) set out proposals that reflect recommendations made by the Electoral Commission last May. Continue reading

Election petitions remain important to the integrity of UK elections, but reforms are urgently needed

Wilks.HeegCaroline.Morris_webUntil recently, widespread confidence about the integrity of UK elections meant that almost no information was available about election petitions, the only legal mechanism through which a UK election result can be challenged. Stuart Wilks-Heeg and Caroline Morris present significant new data about elections petitions from 1900 to 2016. Their findings fill an important gap in our historical knowledge about electoral integrity and inform current debates about the need to reform the petition mechanism.

Beyond a few specialist election lawyers, knowledge of election petitions is rare. In its current form, as a private legal action heard by a special election court, the election petition was part of the Victorians’ efforts to tackle electoral corruption. As vote-buying and intimidation were eradicated, the mechanism was widely assumed to have become redundant. During the 20th century, the number of cases dwindled, and no systematic records were kept of legal challenges to election results. Among the few cases that attracted any attention, the best known related to the overturning of Tony Benn’s return at the 1961 Bristol South-East by-election, on the grounds that he was a member of the House of Lords.

However, since 2004, there has been a renewed interest in election petitions. The most obvious trigger was the re-emergence of petitions alleging large-scale corruption. Infamously, in election circles, Richard Mawrey QC’s (2005) judgment on the Aston and Bordesley Green election petitions referred to ‘evidence of electoral fraud that would disgrace a banana republic’. Petitions have also revealed failings in the running of elections. For instance, an election court voided a close result at the 2004 Hull City Council elections after finding that voters in Derringham ward had instead received postal ballots relating to the election in Marfleet ward. Continue reading