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Electoral Law Consultation Analysis

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Electoral Law Consultation Analysis ELECTORAL LAW CONSULTATION ANALYSIS TABLE OF CONTENTS Title Page Introduction to the consultation analysis 1 The consultation process 1 Scoping consultation 1 Consultation on reform proposals 1 Written responses 1 Consultation events 2 The consultation analysis 4 How to read the consultation analysis 4 TABLES OF RESPONSES 6 Chapter 2: The Electoral Framework 6 Provisional proposal 2-1 6 Provisional proposal 2-2 13 Chapter 3: Management and Oversight 19 Provisional proposal 3-1 19 Provisional proposal 3-2 24 Provisional proposal 3-3 28 Consultation question 3-4 32 Provisional proposal 3-5 41 Consultation question 3-6 47 Chapter 4: The registration of electors 52 Provisional proposal 4-1 52 Provisional proposal 4-2 56 Provisional proposal 4-3 61 Consultation question 4-4 65 Consultation question 4-5 69 Consultation question 4-6 73 Provisional proposal 4-7 78 Provisional proposal 4-8 81 Provisional proposal 4-9 85 Provisional proposal 4-10 88 Provisional proposal 4-11 91 i Provisional proposal 4-12 94 Provisional proposal 4-13 98 Provisional proposal 4-14 101 Chapter 5: Manner of voting 105 Provisional proposal 5-1 105 Provisional proposal 5-2 111 Provisional proposal 5-3 115 Provisional proposal 5-4 119 Provisional proposal 5-5 123 Provisional proposal 5-6 128 Chapter 6: Absent voting 132 Provisional proposal 6-1 132 Provisional proposal 6-2 136 Provisional proposal 6-3 140 Provisional proposal 6-4 144 Provisional proposal 6-5 146 Provisional proposal 6-6 150 Provisional proposal 6-7 154 Provisional proposal 6-8 162 Provisional proposal 6-9 166 Chapter 7: Notice of election and nominations 170 Provisional proposal 7-1 170 Provisional proposal 7-2 175 Provisional proposal 7-3 181 Provisional proposal 7-4 185 Provisional proposal 7-5 189 Provisional proposal 7-6 193 Chapter 8: The polling process 197 Provisional proposal 8-1 197 Provisional proposal 8-2 201 Provisional proposal 8-3 204 Provisional proposal 8-4 207 Provisional proposal 8-5 212 Provisional proposal 8-6 215 Provisional proposal 8-7 220 Provisional proposal 8-8 224 ii Provisional proposal 8-9 229 Provisional proposal 8-10 233 Provisional proposal 8-11 240 Provisional proposal 8-12 245 Provisional proposal 8-13 249 Consultation question 8-14 253 Provisional proposal 8-15 258 Provisional proposal 8-16 262 Chapter 9: The count and the declaration of the result 268 Provisional proposal 9-1 268 Provisional proposal 9-2 272 Provisional proposal 9-3 275 Provisional proposal 9-4 280 Provisional proposal 9-5 285 Provisional proposal 9-6 293 Consultation question 9-7 297 Chapter 10: Timetables and combination of polls 302 Provisional proposal 10-1 302 Provisional proposal 10-2 305 Provisional proposal 10-3 309 Provisional proposal 10-4 312 Provisional proposal 10-5 316 Provisional proposal 10-6 319 Provisional proposal 10-7 323 Consultation question 10-8 326 Provisional proposal 10-9 330 Chapter 11: Electoral offences 336 Provisional proposal 11-1 336 Provisional proposal 11-2 341 Provisional proposal 11-3 344 Provisional proposal 11-4 348 Consultation question 11-5 351 Consultation question 11-6 356 Consultation question 11-7 362 Consultation question 11-8 366 Consultation question 11-9 370 iii Chapter 12: Regulation of campaign expenditures 373 Provisional proposal 12-1 373 Provisional proposal 12-2 377 Provisional proposal 12-3 380 Provisional proposal 12-4 383 Provisional proposal 12-5 387 Chapter 13: Legal challenge 390 Provisional proposal 13-1 390 Provisional proposal 13-2 394 Provisional proposal 13-3 398 Provisional proposal 13-4 402 Provisional proposal 13-5 405 Consultation question 13-6 409 Consultation question 13-7 413 Provisional proposal 13-8 417 Provisional proposal 13-9 421 Provisional proposal 13-10 424 Provisional proposal 13-11 427 Provisional proposal 13-12 431 Consultation question 13-13 435 Consultation question 13-14 441 Consultation question 13-15 445 Consultation question 13-16 450 Provisional proposal 13-17 454 Chapter 14: Referendums 458 Provisional proposal 14-1 458 Provisional proposal 14-2 462 Provisional proposal 14-3 466 Provisional proposal 14-4 470 Provisional proposal 14-5 473 Provisional proposal 14-6 476 Provisional proposal 14-7 479 Consultation question 14-8 483 iv INTRODUCTION TO THE CONSULTATION ANALYSIS 1.1 This is an introduction to the consultation analysis document which accompanies the publication of our interim report on electoral law. In December 2014, the Law Commission of England and Wales, the Scottish Law Commission and the Northern Ireland Law Commission (the Law Commissions) jointly published a consultation paper on electoral law in the UK.1 On 4 February 2016, the Law Commissions published the interim report on electoral law.2 It outlines the response to the provisional proposals that were made and the questions that were asked in the consultation paper. The interim report sets out our recommendations for reform. This consultation analysis provides a more detail-oriented and specific view of the consultees’ responses to our consultation paper. THE CONSULTATION PROCESS Scoping consultation 1.2 Public consultation began with the publication of our scoping paper on 15 June 2012 and continued until 17 September 2012. Conclusions to the scope of the project were set out in a scoping report published on 11 December 2012. Following references from the UK Government to the Law Commissions, and from the Scottish Government to the Scottish Law Commission, the project moved onto the next stage. Consultation on reform proposals 1.3 The second stage involved formulating proposals for reform of electoral law; these were set out in the consultation paper dated 9 December 2014. A public consultation continued from this date to 31 March 2015. The publication of the interim report concludes the second stage of the project. Its publication, along with the accompanying consultation analysis, is a stage in the project provided for in our terms of reference. Its purpose is to enable governments to decide whether to request us to move on to the production of a final report and draft legislation. 1.4 We are grateful to all those who took part in the consultation processes, both for participating in consultation events and for submitting formal written responses. Written responses 1.5 During the consultation period following the publication of the consultation paper, we received a total of 75 written submissions. These were received from a wide range of consultees, thus adding to the quality of the consultation process. Consultees included: 1 Electoral Law (2014) Law Commission Consultation Paper No 218; Scottish Law Commission Discussion Paper No 158; Northern Ireland Law Commission No 20. 2 1 (1) oversight bodies such as the Electoral Commission, the Electoral Management Board for Scotland, the Chief Electoral Officer for Northern Ireland; (2) representative bodies of electoral administrators such the national and local branches of the Association of Electoral Administrators (AEA), the Society of Local Authority and Chief Executives (SOLACE), the Society for Local Authority Lawyers and Administrators in Scotland (SOLAR); and the Scottish Assessors Association; (3) independent public bodies such the Local Government Boundary Commission for England, the Local Government Boundary Commission for Wales, the Local Government Boundary Commission for Scotland; the Local Government Ombudsman for England, the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman (4) political parties and elected representatives; (5) local government officials involved in electoral administration; (6) third sector bodies such as Mencap, Diverse Cymru, Disability Action Northern Ireland, the McDougall Trust, and the Royal Institute for the Blind; (7) the metropolitan police and Association of Chief Police Officers (ACPO); (8) members of the academic community, legal practitioners and members of the judiciary; and (9) members of the public. Consultation events 1.6 The Law Commissions’ staff attended 23 consultation events across the UK during the consultation period (9 December 2014 to 31 March 2015). Ten of these events were held outside London. Consultation events were attended by a variety of electoral stakeholders, including: (1) electoral administrators; (2) senior electoral officials (returning officer level); (3) members of oversight bodies; (4) members of the judiciary; (5) governments and individuals holding public office; and (6) members of electoral administration associations; and 2 (7) members of third party bodies. 1.7 The following table showcases the detailed timetable of consultation events. It can also be found in appendix C of the electoral law interim report. Date Event Location 9/12/2014 Electoral Commission – National Assembly for Wales Cardiff Political Party Panel 10/12/2014 Capita – Preparing for Elections Conference London 6/1/2015 Meeting with Stephen Twigg MP London 22/1/2015 Meeting with Metropolitan Police Service London 27/1/2015 Electoral Commission – Scottish Parliament Political Edinburgh Party Panel 27/1/2015 Electoral Commission – Northern Ireland Parliament Belfast Political Party Panel 27/1/2015 Meeting with Chief Electoral Officer for Northern Belfast Ireland 27/1/2015 Meeting with Northern Ireland Electoral Commission Belfast 28/1/2015 University College London – Constitution Unit Seminar London on Electoral Reform 3/2/2015 Association of Electoral Administrators Annual Brighton Conference 6/2/2015 Electoral Commission and Police Service – Electoral Birmingham Fraud Reduction
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