Reforming the mayoral voting system: do ministers’ arguments stack up?

This week, the Elections Bill was amended to replace the Supplementary Vote (SV) system used for electing mayors and police and crime commissioners (PCCs) in England and Wales with First Past the Post (FPTP). But, as Alan Renwick and Alejandro Castillo-Powell argue, the arguments put forth by ministers are not as convincing as they might at first appear.

Ministers plan to replace the Supplementary Vote (SV) system used for electing mayors and police and crime commissioners (PCCs) in England and Wales with First Past the Post (FPTP). The most detailed explanation for the change given so far appeared in a press release last month, which gave five arguments for the switch: (1) SV increases the number of spoilt ballots; (2) it allows ‘loser’ candidates to win; (3) FPTP improves accountability by ‘making it easier for voters to express a clear choice’; (4) FPTP ‘is the world’s most widely used electoral system’; and (5) SV is ‘an anomaly’ and ‘out of step with other elections in England’. In the written statement that first trailed the proposals, Home Secretary Priti Patel also said (6) that the change ‘reflects that transferable voting systems were rejected by the British people in the 2011 nationwide referendum’. Some of these arguments were repeated, though in less detail, when the matter was considered at the Committee Stage of the Commons bill’s scrutiny earlier this week.

This post assesses the government’s claims in turn. Some have merit, but important counterarguments are ignored. Voting systems should be treated with care: it is all too easy for those in power to manipulate them to their own advantage. Ministers have not adequately made the case that the change will be good for democracy.

1. Does Supplementary Vote lead to more spoilt ballots

Elections using SV in the UK typically see higher numbers of spoilt ballots than do those using FPTP. Electoral Commission data shows that 0.8% of ballots cast in local council elections in May – under FPTP – were rejected. That compares to over 2% in most elections under SV. In PCC elections, they stood at 2.9% this year, down from 3.4% in 2016. In London mayoral elections, they have ranged between 1.8% in 2012 and 4.3% this year. They have generally been around 2% in other combined authority mayoral elections, peaking at 2.2% in 2018.

That SV elections show higher rates of rejected ballots does not mean that SV itself is necessarily the culprit. The jump in such ballots in this year’s London mayoral election points to another factor: ballot paper design. The Electoral Commission notes the use in that contest of a new, untested design, split over two columns because of the large number of candidates, which voters described as ‘being confusing/complex’. Poor design similarly led to more spoilt ballots in the 2007 Scottish local and parliamentary elections. Another factor may be deliberate spoiling of ballot papers: the Electoral Commission noted anecdotal evidence of this in the 2012 PCC elections.

So SV elections do see more spoilt ballots than FPTP elections, but improved ballot paper design – and clearer guidance for voters – might ameliorate the problem.

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Reforming elections: assessing the government’s proposals

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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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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