Tag Archives: Justin Fisher

Reforming elections: assessing the government’s proposals

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In September, the Constitution Unit hosted a distinguished panel of experts to discuss the government’s plans for reforming election law, as set out in the Elections Bill and draft Online Safety Bill. Tom Fieldhouse summarises the discussion.

The Elections Bill, and the draft Online Safety Bill are two important parts of the government’s reform agenda which, in their current form, stand to significantly alter the UK’s constitutional landscape.

With the Elections Bill making its way through parliament, and the draft Online Safety Bill undergoing pre-legislative scrutiny, the Constitution Unit hosted a webinar on 23 September entitled Reforming elections: assessing the government’s proposals. The event was chaired by the Unit’s Deputy Director, Professor Alan Renwick, and heard from four expert speakers: Louise Edwards, Deputy Director of Regulation at the Electoral Commission; Laura Lock, Deputy Chief Executive of the Association of Electoral Administrators; Justin Fisher, Professor of Political Science and Director of the Policy Unit at Brunel University; and, Baroness (Nicky) Morgan of Cotes, former Secretary of State for Digital, Culture, Media and Sport (2019–20) – now a Conservative peer and Vice Chair of the APPG on Digital Regulation and Responsibility.

The summaries below are presented in the order of the speakers’ contributions. The full event, including the Q&A, is available on our YouTube page.

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

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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

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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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Why we need an independent Electoral Commission

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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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British politics and what we’ve learned after the 2017 general election

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Last month’s general election delivered the latest in a series of political surprises, with the Conservatives falling short of a majority when many had anticipated they would win a landslide. On 21 June the Constitution Unit hosted a panel of election experts consisting of YouGov’s Joe Twyman and academics Justin Fisher, Jennifer Hudson, Philip Cowley and Alan Renwick to reflect on what happened. Fionnuala Ní Mhuilleoir reports.

Although we have become used to political upsets in recent years the outcome of the 8 June election nonetheless came as a surprise to many, including the Prime Minister, who saw her majority disappear when she had hoped to increase it substantially. How did this happen? How did the Conservatives manage to lose the massive lead they held at the start of the campaign, and Labour out-perform all expectations? How did the pollsters do after they had failed to call the 2015 election correctly? And what does the result mean for the government’s position in the new parliament, and for Brexit and beyond? These questions were all discussed at a Constitution Unit seminar held on 21 June, chaired by the Unit’s Director Professor Meg Russell. The panel included YouGov’s Joe Twyman, Professor Justin Fisher from Brunel University and Professor Philip Cowley from Queen Mary University of London. Dr Jennifer Hudson and Dr Alan Renwick from the Constitution Unit completed the line-up.

Joe Twyman

Joe Twyman opened the seminar with a brief post mortem on YouGov’s 2015 general election polling, which had predicted that the Conservatives would be the largest party in a hung parliament. The Conservatives went on to win 330 seats, securing a small but workable majority. YouGov subsequently identified three problems in the 2015 polling process: the samples used by YouGov and other polling companies to measure voting intention were not representative; figuring out whether people will turn out to vote is challenging; seat estimation across 650 constituencies is inherently very difficult.

Twyman then described how YouGov has responded to these issues. First, it has invested heavily in targeted recruitment, spending more than £100,000 in the last year to identify and recruit the types of people who were underrepresented in YouGov samples between 2010 and 2015, particularly those who were not interested in politics. Second, YouGov has updated how it analyses turnout. Thirdly, it has also developed a new seat estimation model.

This seat model, as is now well known, correctly predicted a hung parliament. In the run up to June 8 YouGov faced trenchant criticism, both from established commentators and on social media. Twyman reflected on Paul Krugman’s statement after the US election results that economists and commentators ‘truly didn’t understand the country we live in’. Through the efforts of YouGov, according to Twyman, we do now understand the country we live in a little better.

Justin Fisher

Justin Fisher began his contribution by drawing the audience’s attention to how important lead time ahead of an election is for party campaigns. The national and constituency campaigns have merged, with national campaigns now supporting the constituency effort. Lead time gives parties more time to plan targeting, information distribution, spending and fundraising. In a normal election campaign the critical period is the six-to-nine months before the poll.

The snap election left no opportunity for such advance campaigning. One implication is that this is likely to have been a much less expensive campaign than usual. Another is a shift in emphasis in campaigning techniques from direct mail (which requires lead time) to face-to-face campaigning and e-campaigning, which require much less preparation time. Fisher stressed that the evidence needed to confirm these expectations is still being collected.

Though the 2017 election may have accelerated the shift to e-campaigning, Fisher argued that campaigning techniques were partly heading that direction regardless. He also warned of what he called e-campaigning myths. He debunked the myth that micro-targeting of voters had only just been invented: parties have gathered data from phone calls and indirect mail for years. E-campaigning, therefore, represents evolution rather than a revolution. A further myth is the claim that because parties are using e-campaigning it must be effective. In 2015, research found it to be electorally effective, but less so than face-to-face campaigning. This has yet to be examined for the 2017 election.

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