Delays at the Verification and Count for the May 2014 Elections in Tower Hamlets
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* Embargoed until 00:01 Tuesday 1 July * Delays at the verification and count for the May 2014 elections in Tower Hamlets Report of the Electoral Commission’s review July 2014 1 Translations and other formats For information on obtaining this publication in another language or in a large- print or Braille version please contact the Electoral Commission: Tel: 020 7271 0500 Email: [email protected] We are an independent body set up by the UK Parliament. We regulate party and election finance and set standards for well-run elections. We work to support a healthy democracy, where elections and referendums are based on our principles of trust, participation, and no undue influence. 2 Contents Summary 4 1 About this report 9 2 Background to the May 2014 elections in Tower Hamlets 11 3 Analysis of verification and count processes 21 4 Conclusions and recommendations 35 Appendix A: Submissions to our review 40 3 Summary About this review Following the European and local elections that took place on 22 May 2014, the Electoral Commission announced a review of how the verification and count for the elections in the London Borough of Tower Hamlets in London were administered. The purpose of this review has been to understand why the count for the 22 May 2014 elections in Tower Hamlets took so long, and to identify recommendations for the management of future election counts in the borough. Our review has considered evidence from the Returning Officer for Tower Hamlets and the Regional Returning Officer for the European Parliament election for the London region, and submissions from candidates, election agents and others involved in the conduct of the count. We have also drawn on the direct observations of three Electoral Commission representatives who were present during the verification and count on Friday 23 May. We are aware that an election petition challenging the result of the election for the mayor of Tower Hamlets was lodged with the High Court on 10 June 2014. We have therefore amended the contents of this report to exclude any conclusions relating to the appointment and behaviour of counting agents and other attendees at the verification and count, to ensure that our review does not prejudice the outcome of that challenge. The May 2014 elections in Tower Hamlets The May 2014 elections in Tower Hamlets included three sets of polls: the election of Tower Hamlets councillors; the election of Tower Hamlets executive mayor; the election of members of the European Parliament for the London electoral region of the UK. Ten candidates stood for election as the executive Mayor of Tower Hamlets, and a total of 204 candidates stood for election as councillors in 20 wards. Turnout in for the local elections in Tower Hamlets was 47.6%, and turnout for the European Parliament elections was 50.8%. In total, 252,837 ballot papers were included in the count for the May 2014 elections in Tower Hamlets. Verification of the contents of ballot boxes for the May 2014 elections in Tower Hamlets and the count for the Tower Hamlets Mayoral and local ward elections was intended to take place from 8am on Friday 23 May 2014 at the Troxy, a venue on Commercial Road in Limehouse which was originally a cinema. The count for the members of the European Parliament for the 4 London electoral region of the UK was intended to take place from 4pm on Sunday 25 May at the Mile End Leisure Centre. Summary of key points during the verification and count process which were delayed The result of the election of the executive Mayor for Tower Hamlets was announced at 01.15am on Saturday 24 May, after the count of first and second preference votes. Count totals for Tower Hamlets for the election of members of the European Parliament for the London Region were announced by 02.40am on Monday 26 May The results of 13 local council ward elections were declared by 09.00am on Saturday 24 May, and a further five ward results were declared by 02.40am on Monday 26 May after recounts which took place from 14.30pm on Sunday 25 May. The result for the final ward election was declared by 21.30pm on Tuesday 27 May, after a further recount which took place from 19.00pm that evening. Based on data provided by the Returning Officer and observations from others who submitted evidence to this review, we have identified the following key points during the verification and count which were delayed: Starting verification: The process of opening ballot boxes and beginning the verification of the contents against the ballot paper accounts started approximately two and a half hours later than planned. Verification: The process of verifying the contents of ballot boxes against the ballot paper accounts took approximately one and a half hours longer than planned. Mayoral first preference count: The process of counting the first preference votes for the Mayoral election took approximately two and a half hours longer than planned. Mayoral second preference count: The process of counting the second preference votes for the Mayoral election took nearly an hour longer than planned. Local authority ward counts: The process of counting the votes for the local authority ward elections took place over three separate sessions between the early hours of Saturday 24 May and the evening of Tuesday 27 May. Overall, including recounts, the process of counting the votes for the local authority wards took approximately 23 and a half hours,1 significantly longer than the scheduled duration of six hours. 1 Comprising nine hours between Friday 23 and Saturday 24 May; 12 hours between Sunday 25 and Monday 26 May; and two and a half hours on Tuesday 27 May. 5 European Parliamentary count: Overall, the process of counting the votes for the European Parliament election (which took place alongside unexpected local election recounts) took seven and a half hours longer than originally planned. Conclusions Having considered the comments and evidence submitted to us as part of this review, we have identified two primary factors which appear to have caused the overall delay in completing the counts for the May 2014 elections in Tower Hamlets: Access to the count venue on Friday 23 May: delays in allowing count staff and those entitled to attend the verification and count meant that verification was delayed by approximately two and a half hours. Inadequate resource management during the verification and count on Friday 23 May and Saturday 24 May, and on Sunday 25 May: in addition to the significant delay to the start of the verification process on Friday 23 May, the number of count staff available was insufficient either to recover from the initial delay or to manage the number of ballot papers to be verified and counted within the Returning Officer’s planned timetable. By the time the count for the council wards began at 1am on Saturday 24 May, count staff (and those attending to observe the count as candidates or agents) had been present at the venue for more than 17 hours. Fatigue and subsequent errors by count staff meant that further delays during the local election counts, including those caused by requests for recounts, were significantly more frequent and were also likely to have magnified the overall delay to the completion of the count. Underlying both of these main factors were plans for the management of the verification and count on Friday 23 May which proved inadequate for the number of ballot papers to be counted and the intense focus of candidates and agents on the count process. Given the context for the elections, summarised in this report, the Returning Officer should have anticipated many of the factors which appeared to have contributed to the length of the count. A realistic assessment of the potential for higher than average turnout in such a close and hard-fought contest should have identified the need for more staff in order to meet the Returning Officer’s planned schedule. Likewise, given the large number of count staff and other attendees expected to enter the count venue through a relatively small foyer area, the Returning Officer should have been able to anticipate that there would be problems ensuring everyone was in place inside the venue in time to begin counting according to the planned timetable. 6 Recommendations There are significant lessons for the Returning Officer to learn from the experience of the count for the May 2014 elections in Tower Hamlets. We set out below our recommendations for the Returning Officer and others for planning and managing future election counts in Tower Hamlets. Immediate and sustained action must be taken to provide reassurance to voters, candidates and campaigners that future election counts will be well-managed and efficiently delivered. We will monitor closely the response to these recommendations, but we are also ready to provide support and advice to the Returning Officer to help ensure that he can deliver the improvements which are required. Our full recommendations are set out in detail in Chapter 4 of this report, and the key areas are summarised below. Ahead of the count for the Blackwall and Cubitt Town ward election on Thursday 3 July the Commission recommends that: The Returning Officer ensures all attendees at the count fully understand the process for conducting the count and the standards of behaviour which are expected of them at all times. The Police ensure that their plans for managing the public space outside the count venue enable people entitled to attend the count to enter and leave the venue freely and without obstruction. The Returning Officer ensures that all verification and count processes are transparent and provide appropriate opportunities for those who are entitled to observe to object to doubtful ballot paper adjudication decisions.