1 ELECTIONS 2017 Mark Heath Returning Officer and Electoral Registration Officer
2 What I am going to cover….The Territory (legal, what is coming in 2017, franchise issues) Personal Responsibilities The Returning Officer Role The project plan, risk register and getting ready…. Health checks Key steps / activities in process Areas of weakness / issues in last few elections 10 things to keep an eye on…
3 The Territory: Legal (for UKPGE and locals)Acts UKPGE and locals: RPA 1983 Conduct rules UKGE: RPA 1983 Schedules Locals: Local Elections (Principal Areas) (England and Wales) Rules 2006 (SI ) EC Guidance for ROs & for candidates and agents
4 The Territory: 2017 and beyond…Scheduled local elections on Thursday 4 May 2017 across Great Britain, with elections to English, Scottish, and Welsh councils, as well as elections for the newly created English Regional Mayors. 27 County Councils, 7 UAs, a Met, Mayoral, Welsh and Scottish LAs Could also have …. Bear in mind what is potentially coming in 2018/19/20…. Be prepared / plan ahead 2020 – UKPGE on new boundaries, Locals, PCCs, mayoral etc The Fixed-term Parliaments Act 2011 received Royal Assent on 15 September 2011 and came into force on that day. The Act has a major impact on the timing of parliamentary elections in the UK. It removed the prerogative power of the Queen, on the advice of the Prime Minister, to dissolve Parliament and trigger a general election. The Act set the date of the general election on 7 May 2015 and provided that thereafter general elections are scheduled to take place on the first Thursday in May in every fifth year. The next election is scheduled to take place on 7 May 2020; Parliament will be dissolved on 30 March 2020. Early elections can be held only: if a motion for an early general election is agreed either by at least two-thirds of the whole House or without division (in practice require both Labour and Conservative support) or if a motion of no confidence is passed and no alternative government is confirmed by the Commons within 14 days.
5 The Territory: Franchise…and RegistrationThere are three aspects to the entitlement to be registered: that the application is made by someone who appears to be the person named on the application that any statutory requirements in relation to the application, including how it may be made and the information it must contain, are met, and that the person named on the application appears to the ERO to meet the eligibility criteria for registration and is not disqualified from registering
6 UK Parliamentary elections All British, Republic of Ireland and qualifying Commonwealth citizens meet the nationality requirement to register to vote in UK Parliamentary elections. European Parliamentary elections Citizens of member states of the EU (who are not also British, Irish or qualifying Commonwealth citizens) meet the nationality requirement for registering to vote in the register of relevant citizens of the EU entitled to vote at European Parliamentary elections. The register of relevant citizens of the EU entitled to vote at European Parliamentary elections must, so far as practicable, be combined with the registers of parliamentary and local government electors and any register of peers. The names of those registered in the register of relevant citizens of the EU must be marked to indicate that fact. Citizens of Gibraltar who are resident in Gibraltar are entitled to register to vote at European Parliamentary elections in the South West region. This is administered by the European Electoral Registration Officer for Gibraltar. Local government elections All British, European Union and qualifying Commonwealth citizens meet the nationality requirement to register to vote in local government elections. Other elections The local government election franchise is also used as the basis for elections to the Scottish Parliament, the National Assembly for Wales and the Greater London Authority, as well as for Police and Crime Commissioner elections in England and Wales.
7 The Territory: your role(s)Assessing Capacity for the Task in Hand Preparing and Updating Your Project Plan Health Checking Your Elections Office Staff Systems Equipment Polling Districts and Places Polling Stations Public Awareness Plans Political Parties
8 Personal Responsibility (or the buck stops here)Electoral Registration Officer Returning Officer Acting Returning Officer Deputy Acting Returning Officer Regional Returning Officer Local Returning Officer Counting Officer It is a Personal Responsibility
9 Personal Responsibility Origins of the RoleIt’s all the fault of Simon de Montfort Parliament originally two Knights per Shire The Crown’s Writ went to High Sheriff Writ returned with names of nominated Knights Hence - Returning Officer
10 What are the Personal Responsibilities?As RO To see that everyone who is eligible has the opportunity to vote To ensure eligible candidates who wish to are able to stand To ensure that the choice of the electorate is implemented To maintain the integrity of the democratic system As ERO To see that everyone who is entitled to be registered to vote is registered
11 As a consequence, you need to:Understand the role Understand what has to be done, and that there is a systemic approach to delivery that is robust Ensure the system can be resourced Don’t forget contingency planning You are personally responsible - other people’s errors can be your career decision
12 The Returning Officer Role: the Election PeriodConsider your independent role - in advance Don’t get into exposed political situations Ensure staff avoid contentious platforms It may be a separate role but not everyone sees it that way! You will be working with the same politicians and local media afterwards, and your credibility cannot be compromised
13 Plan ahead with key staffKnow the timetable Keep diary clear at danger zones People will always try to get round the system, especially agents and enthusiastic supporters
14 The RO Role Being prepared - at all times“…Rosettes and a hall with long tables….” Know your software works….. Have plans for any snap / by - election Renew and refresh kit (and skills) when you can Have your resources (IT, legal etc) ready to step up
15 The RO Role (Context.....) Used to be – a combination of law and folklore. If things went wrong, a mix of grumbles and the occasional election petition Is now – a matter of law, guidance from the EC, best practice, and local practice. If things are not to standard, there’s a new accountability in the EC and its performance standards. Comply or Explain (and maybe lose money)!
16 The Project Plan and Risk RegisterPerformance Standards - Develop and implement robust project management processes Objectives, contingencies, resources, staffing, training, outsourcing and contract management, venues, integrity, key processes, public awareness, supporting access, and evaluation and learning...phew! You should now have robust project management processes + risk register Councils of perfection? – Templates Steward of the Plan – Project Manager
17 Planning in advance Getting Ready for May….Polling stations Check arrangements to designate (and substitute) Check still available and usable; Health & Safety; disabled access etc Changes? Back up / contingency arrangements Check key staff availability and cover Resources eg IT cover, buildings etc Is election supplies “kit” up to date?
18 Count arrangements and venuesBriefing for key staff, also internal staff (comms, IT) Briefing for media Briefing(s) for candidates and agents Website (public, Candidates & Agents)
19 Planning: capacity and the TaskMany of the issues that arise are linked to or driven by capacity and resources Early and determined focus on the capacity and competences required... ...including your own Assessment and gap analysis Command of (variety) of resources Limits Early project planning
20 Health Check: Staff 1 Staffing and recruitment in Poling stations - reasoning Project Team incl. Deputies and ERO Pre the day, front line and back office teams Polling station minimum – a polling station should not have more than 2,500 electors allocated to it - PO/PC to 1,000, PO/2PCs to 1,750, PO/3PCs to 2,500 (Combined Polls) Urgent response team (queues/ contingency) Queue management PV issue/opening Outsourcing and contract management e.g. visits to printers
21 Health Check: Staff 2 Count Staff:Senior officer overall to support you (Deputy) Officer to oversee ballot box receipt and verification Numerate back office Supervising staff Ancillary staff – eg security, media, etc Cross boundary staff(DRO?) ...and counting staff!
22 Health Check: Staff 3 Staff appointments are personal – fairness and insurance considerations, RTI(HMRC), pension…age? Experience, aptitude, neutrality, availability, leave....leverage and accountability Poll clerk to PO.....but staff/experience losses Early and intensive training and briefing – EC materials Double appointments....same or next day counting? Local expectations
23 Health Check: System Make systems and system checks part of Project Plan Systemic approach? What are the systems? How do you know they are working? Check once, twice, three times….. Use Performance Standards and Project Plan template topics as indicators of important sub-systems – but localise it – what are your issues you need to address? Communications – responsibilities, parties, channels IT Procedural guides
24 Health Check: EquipmentBoth one-off and repeat character Early identification of requirements Checking in the basement! Suppliers PV equipment list PS equipment list – bear in mind concern re TVD Communications kit
25 Health Check: Polling Districts and PlacesPD: Convenient sub-division for ‘reasonable and practical facilities for voting’ ...and compiling the ER and running elections & referenda Council determines, ERO adapts and publishes PP: Council designated location for actual polling Usually smaller than PD BUT position in default and flexibility to move PP review: 4 yearly requirement. EC Guidance and checklist – 2013 Important in developing/growing/shrinking communities Early review - non compliance/consequences implications
26 Health Check: Polling StationsDesignation a matter for RO...... ....but often intense local political party sentiment Russian dolls - “PS/PSs within PP within PD” Adequacy criteria – number of electors, location, access (EC Guide), voting ‘bulges’, languages, ‘place of calm’ Suitable premises – schools, mobiles, etc Control by PO not RO but prior consultation requirement? Inside – candidates, election agents, polling agents, police officers on duty, RO & staff, helpers and under 18s with voters, PVs, EC representatives, accredited EC observers Outside - physical limits – tellers and political identity EC PS Handbook
27 Health Check: Public AwarenessLegal duty to take steps you think appropriate to encourage participation Target audiences Objectives and success measures Risks Resources
28 Health Check: Political PartiesEngagement Experience Expectations
29 Health Check: plan for the MediaBig part of electoral landscape - be proactive / manage them Use your PR support staff to the full – have a PR rep at Count Media packs (at close of nominations and before polling day) On an ongoing basis, feed the media when you can / the facts Keep them comfortable / happy…. Consider a media (technical) briefing in advance of polling day / count Set the agenda when it goes wrong - or they will
30 The Election - Key StagesNotice of Election Nominations Notice of Poll - and Polling stations Don’t forget the post mortem Postals and Proxies Polling Day The Count The Declaration Notices: Know the timetable (remember dies non). Print EC timetable, add to your diary, and see staff at key points Different for different types of election Need to give due notice etc for Local Government Elections For Parliamentary Elections, the High Sheriff/RO has only 2 rights - to receive the Writ and to declare result - and must reserve these rights in writing by the day after receipt of the Writ Take a copy or copies of the Writ, and store them safely and separately for return at the end of the process For LG Elections - it’s all down to you! Nominations The Notice should say where and when nominations may be delivered - different times for by-elections and general elections; different times for local government elections Nominations must contain the Candidate’s full name, home address in full, and description A simple pack with all the information sent to candidates in advance can pay real dividends. Note timetable for objections Decisions on Validity Grounds for invalidity are only: particulars are not as required by law the paper is not properly subscribed the candidate is disqualified by law from standing The RO/ARO is not entitled to look outside the face of the nomination paper Postals There were lots of changes in main change was availability ‘on demand’ With shorter lead time under the new rules, there can be a lot on the last day Some will need to be checked with the new lists of ‘provisionally rejected’ votes Voters can return Postals to any polling station used for the election right up to the last minute New internal last minute checks will be needed Polling Day Hours of poll Checks on polling stations Have a ‘reserve team’ to cover emergencies or peak hour pressure Queues Pace yourself - you have to be fresh for the Count - even if it takes till the following day Count Think in advance about the Counting Hall. Plan the location and layout, so that you are in charge Layout is crucial to control the process Have adequate numbers – plan and control Brief staff at the beginning, and at each stage - that also informs counting agents and others of what is going on Agree with Police the security and emergency arrangements Declaration Make a show of it - the locals (and your Councillors) think it is a high dramatic point - it pays not to disappoint them - you may have to play along with the media at this stage Be careful about disclosing the result before the Declaration Agree with media timings and how you will declare
31 On the night (or day) – at the CountIMHO…..The time of declaration does not matter - the correct result does (note- legal positon re UKGE and time when count “starts”) Take the pulse on turnout and trends - this can alert you to danger zones / mistakes Have a clear system - - bundles of 20 & 5x20=100 Check 1/2/3 Note re. need to show papers face up to counting agents (NB left-handed counters)
32 Verification If it will be a clear result - be sensibleIf it will be close - apply zero tolerance Check for advice notes from POs Check for Tendered Votes and Pink Papers MOST CRUCIAL PART OF COUNT !!!!
33 The Count - Valid and Rejected PapersLack of the Official Mark Voting for more candidates than allowed Identification of the voter Unmarked or void for uncertainty REMEMBER Agents can only object to rejection - not to inclusion - if in doubt, err on the side of inclusion
34 Recounts Take the initiative if you’re not satisfied at any time…..Simple bundle check - 5x20 and candidates Full check - check 20s and show votes Total scrutiny - have a clear system, and sign it off in stages Agents can ask for recounts, until it is unreasonable to do so NB - no right to a recount to save a deposit. Initiate recounts before you offer so you know the result can’t be touched.
35 Maintain Political IndependenceAvoid danger zones in election run up Be strict on dates and procedures Treat all Parties the same Agree common ground rules with Agents Don’t give hidden messages of bias Otherwise democratic system loses credibility…. …….and so do you…
36 Be prepared - at all timesKnow the legal specialists and who acts for your Insurance firm Maintain basic insurance cover at all times If there is any doubt, tell your insurers early
37 RO Personal ResponsibilitiesTo see that everyone who is eligible has the opportunity to vote To ensure eligible candidates who wish to are able to stand To ensure that the choice of the electorate is implemented To maintain the integrity of the democratic system
38 Areas of weakness / issues in last few electionsCapacity and resilience Printing issues (system / quality control)
39 Recent cases Leave for Tim Straker QC, but….R (on the application of Wilson) v Dover District Council (2016) EWHC 2556
40 Forthcoming attractions….Brexit – impact on EPEs 2019 / impact on franchise Overseas electors – see policy statement 7/10 Effect? Registration changes? E voting? Scotland Act 2016 / Wales Bill 2016/17 Brexit – EPEs 2019? 18m lead in? Prepare? Cost? Franchise issues for 2019 anyway and 2020? Overseas: British citizens living overseas are currently entitled to be registered to vote in UK Parliamentary elections for up to 15 years in the constituency they were registered in before leaving the UK. After the general election the Government indicated that it would bring forward a Votes for Life Bill; this Bill has not yet been introduced but on 7 October 2016 the Government published a policy statement which set out how the 15 year rule would be removed. This Briefing Paper provides details of the provisions relating to overseas voters in the Representation of the People Act 1985 and of earlier attempts to ch change the 15 year rule. Scotland & wales – bringing elections into the DA territory – see also wales regs re survey….
41 Pickles’ Report, Government response & pilotsLaw Commission Pickles’ Report, Government response & pilots https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/545416/eric_pickles_report_electoral_fraud.pdf https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/580514/government-response-sir-eric-pickles-review-electoral-fraud.pdf Casey review – para https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/575973/The_Casey_Review_Report.pdf Law Comm =- timing of bill, but consolidated SI / conduct? Pickles – link to LC but see Govt response – pilot?????
42 Things I would keep an eye on…. Checklist of the 10 things….Roles and responsibilities of Returning Officer including indemnity, insurance etc Local context – politics / combined polls, capacity and resources (you and team) / what your team are doing and when… Impact of other things (locally / other elections) Funding - fees and charges order and guidance Planning - systems et al Involvement – yours, when and how Be clear on your Role as Returning Officer – independent from Council. Consequences of that role, criminal and civil liability. Insurance cover for locals??excess? Day job issues cf your LRO role New/ old LRO / ESM? Combi and consequences Impact of other things – IER, reductions in capacity and resilience? Funding issues – funding from different sources for different elections, have a budget plan Pre planning – project plan, risk register, regular contact / liaison with team . Plan how you will engage but also how you will pace yourself and the team from now till polling day – access to and use of count guidance (EC) – consistency - so Verification and count? …….and whats your role at the Count(communicate, communicate, communicate) Involvement at key points – nominations, polling day, count etc – also crunch points eg E-11/12, use of call centre staff, how will you handle those last 5 days before the register is published?
43 Legal requirements-compliance Advice, support, contacts Not just what you do but how…… Media planning and management Governance Awareness of legal regime – it is a legal regime. Basic requirements around ballot papers and printing(lesson learnt from 2014). Different bits for PCCs election addresses are later Access to advice you may need and when. Who is on your mobile? Legal advisor, EC, RO colleagues - bit about JDI…..or JFDI….. Not just what you do but how you do it…..Some refereeing /diplomacy skills may be required! Also, you may need to put yourself in harms way - briefings for Candidates and Agents. I suggest two, one pre noms, one pre polling day. Awareness of local issues, candidates standing etc Media management - see below 10 Governance – how you run it, how you ensure it is done right, how you know the system is working and you have systemic checking etc Media Management: Social media- by media and others Two times for action close of noms, don’t just send link, do pack…. Pre polling day and count Populate both with background – feed the beast – help media produce output No of polling stations, doubtfuls, previous results, anything! Technical briefing if TV coverage – techy fans
44 Mark Heath /