The future of the electoral system

John Pullinger, chair of the Electoral Commission and a guest speaker on the Unit’s summer conference panel on Elections and Electoral Reform, sets out four key areas where electoral law is in need of reform, arguing for improved access to registration, increased transparency when it comes to political donations, stronger and simpler electoral regulation, and a modernisation of electoral law.

Elections are at the heart of our constitution, giving people a voice when choices are made about how we are to be governed. They are a mechanism for the people to hold their governments accountable. A key test for a healthy democracy is whether people trust, value, and participate in elections. So how can we ensure that our electoral system remains effective?

An effective electoral system

An effective electoral system starts by putting the voter first. This means ensuring that as many eligible voters as possible are correctly registered, and that the process of voting is both secure and accessible to all.

The electoral system should support candidates, campaigners, and parties to get their message across, free from abuse, intimidation, and threats. It should provide transparency about campaigning activities, so we all know where campaigners’ money comes from and how it is spent.

It also needs to work for electoral administrators, supporting them to run elections effectively and efficiently, so that voters across the country receive the same high standard of service. There must be resilience in the system, so administrators can cope in the face of unexpected pressures.

At its core, it requires a simple and comprehensible canon of law so that everyone understands and can follow the rules without risk of being inadvertently caught out. The law also needs to work effectively in the context of the differences in approach to elections policy between the UK’s governments.

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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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Beating the boundaries? The stalled debate on how to draw up the UK’s parliamentary constituencies

A major 2011 shake-up of the rules governing how the UK’s parliamentary constituencies are drawn has proved controversial. While the new rules deal with the long-standing issue of substantial inequalities in constituency electorates, they also threaten frequent major disruption of the country’s constituency map. But attempts to square the circle by revising the 2011 legislation seem stalled, and the new rules themselves have yet to result in new constituencies. Charles Pattie, Ron Johnston and David Rossiter offer their view of where we are, and where we should go from here.

Largely unnoticed outside Westminster, an important debate has been going on over how to redraw the UK’s constituency map. The current rules for doing so are enshrined in the Parliamentary Voting System and Constituencies Act 2011 (the Constituencies Act). But since the start of this year, two major proposals have been made to revise aspects of the Act. In February, the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published a report setting out its proposals (and in late May, the government responded). And a private member’s bill sponsored by Labour MP Afzal Khan, containing a different set of recommended changes is still making its way through parliament. Continue reading

Individual electoral registration: the inside track

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Individual electoral registration (IER) has been a huge project, requiring co-ordination between the Cabinet Office, Government Digital Service, Electoral Commission and electoral registration officers in local authorities. On January 25 representatives from these four bodies discussed the challenges they faced and how the project is being brought to a successful conclusion at a Constitution Unit seminar. Roberta Damiani and Laëtitia Nakache offer an overview.

Individual electoral registration (IER) has brought about a significant change in how British electors register to vote. The emphasis is on the term ‘individual’. Previously, one person in every household was responsible for registering everyone who lived at that address; now, with IER, each person is required to register individually. Designing and implementing such a system was a challenge, not only from a human point of view but also from a technological one, as it required a huge amount of data to be digitised and processed. But it also offers exciting opportunities to make citizens more engaged in the democratic process. This blog highlights the key issues debated at an event about IER hosted by The Constitution Unit on 25 January and chaired by Dr Alan Renwick.

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Jenny Watson’s lecture on the modernisation of the electoral administration system

In the latest Constitution Unit seminar, Jenny Watson, the Chair of the Electoral Commission, provided the audience with a very eloquent account of the challenges and opportunities presented by the imminent and future work towards electoral modernisation. Drawing upon the effective steps that have already been taken by the Labour administration and most recently the coalition government, she elaborated on the likely effects of the new legislation including the transition to Individual Electoral Registration and emphasised the imperative need for the further modernisation of the electoral administration system.

The Electoral Commission has always played a vital role towards that direction through a number of proposals and recommendations aiming to improve the election process. But it is the need for comprehensive legislation that will create clarity and transparency and ensure that ‘confidence and the effectiveness of our system will be maintained’ as Watson noted. A major step was taken in 2013 with the Electoral Registration and Administration Act which replaced Household Electoral Registration (HER) with Individual Electoral Registration (IER) and introduced new close of poll arrangements. It is expected that the move to IER will improve the security of the registration process and increase registration mainly among younger voters, students and the mobile population. However, in an increasingly disenfranchised society, there is an urgent need to reform the electoral framework, making it more efficient and less complex. As Jenny Watson highlighted the Electoral Commission will be leading the way in order to find the best ways to modernise the system and ‘make it more reflective of the wider society’.

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