PP 2017/0066(3) REPORT OF THE SELECT COMMITTEE ON THE ORGANIZATION AND OPERATION OF THE GENERAL ELECTION 2016-17 Volume 3 REPORT OF THE SELECT COMMITTEE ON THE ORGANIZATION AND OPERATION OF THE GENERAL ELECTION On 18th October 2016 it was resolved – That a committee of five Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider all aspects of the organization and operation of the General Election 2016; and to make recommendations for future practice in elections to the House of Keys and to report no later than the April 2017 sitting of Tynwald. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Mr D C Cretney MLC (Chairman) Mr D J Ashford MHK (Douglas North) Miss C L Bettison MHK (Douglas East) Mrs D H P Caine MHK (Garff) Mr M J Perkins MHK (Garff) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel: 01624 685520) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. Table of Contents VOLUME 1 I. BACKGROUND ................................................................................................1 II. THE COMMITTEE AND THE INVESTIGATION IN CONTEXT .................................2 III. THE ELECTORAL REGISTER AND RELATED ISSUES .............................................4 ACCURACY AND TIMELINESS 4 ELECTRONIC TRANSMISSION 5 MARKED REGISTERS 5 DISTRIBUTION OF MANIFESTOS TO HOUSEHOLDS 7 “UNDELIVERED” MANIFESTOS 8 IV. POLLING STATIONS .........................................................................................9 LOCATION AND OTHER CHARACTERISTICS OF POLLING STATIONS 9 BEHAVIOUR OF CANDIDATES AND THEIR SUPPORTERS OUTSIDE POLLING STATIONS 11 V. INFORMATION AND GUIDANCE FOR CANDIDATES ........................................ 13 TREATING: “BISCUIT-GATE” 15 CONSTITUENCY MAPS 17 OTHER ISSUES 18 VI. REQUISITION MEETINGS ............................................................................... 18 PARISH BOUNDARIES AND CONSTITUENCY BOUNDARIES 18 HOW MEETINGS ARE PLANNED, AND BY WHOM 19 HOW MEETINGS ARE PUBLICISED 21 VII. THE COUNT .................................................................................................. 23 AYRE AND MICHAEL: COUNTING ERROR DISCOVERED AFTER DECLARATION 23 GARFF: COUNTING ERROR DISCOVERED BEFORE DECLARATION 24 DOUGLAS EAST: RESULT LEAKED BEFORE DECLARATION 25 REFRESHMENTS FOR POLLING AND COUNTING STAFF: “PIZZA-GATE” 27 SUPPORT FOR RETURNING OFFICERS 29 VIII. ELECTRONIC VOTING .................................................................................... 31 REMOTE VOTING 32 ELECTRONIC SYSTEMS AT POLLING STATIONS 34 IX. LIST OF CONCLUSIONS AND RECOMMENDATIONS ........................................ 35 ORAL EVIDENCE ................................................................................................... 41 9TH DECEMBER 2016: EVIDENCE OF MR PETER KELLY CP, MR STEVE CROWTHER, MR TIM BAKER MHK AND MR ANDREW BARTON 43 12TH JANUARY 2017: EVIDENCE OF MR ANDREW COWIE, CHAIRMAN, AND PETER WHITEWAY, CLERK, RAMSEY TOWN COMMISSIONERS; MR PAUL COWIN ASST. TOWN CLERK, DOUGLAS BOROUGH COUNCIL; THE HON JUAN WATTERSON SHK; HON ALFRED CANNAN MHK; MRS LOUISE WHITELEGG; MR JUAN MOORE, CEO AND MR ROBERT JELSKI, RETURNING OFFICER FOR RAMSEY, IOM LAW SOCIETY; MR WILL GREENHOW, CHIEF SECRETARY, MRS DELLA FLETCHER, DIRECTOR OF EXTERNAL RELATIONS AND MS KIRSTY HEMSLEY, SENIOR EXTERNAL RELATIONS OFFICER – CABINET OFFICE 81 15TH FEBRUARY 2017: EVIDENCE OF MR NIALL CAREY, ISLE OF MAN POST OFFICE; MR ROB CALLISTER MHK; MR WINSTON TAYLOR, RETURNING OFFICER, AND MR PETER BURGESS, DEPUTY RETURNING OFFICER, FOR GARFF; MR JEREMY CALLIN, RETURNING OFFICER FOR ONCHAN 145 Volume 2 WRITTEN EVIDENCE ........................................................................................... 181 TH APPENDIX 1: SUBMISSION DATED 15 NOVEMBER 2016 FROM THE CABINET OFFICE 183 COVERING LETTER DATED 15TH NOVEMBER 2016 FROM WILL GREENHOW, CHIEF SECRETARY 185 FIGURES 192 CALENDAR 193 MEDIA MONITOR LIST 198 NEWS RELEASES 218 REQUISITION MEETINGS – EMAIL EVIDENCE 276 ONLINE DISPLAYS OF REQUISITION MEETINGS 303 LOCAL AND NATIONAL COVERAGE OF THE ELECTIONS AND BOUNDARY CHANGES 314 LEAFLETS 365 STAFF NEWSLETTERS WHERE THE ELECTION HAS BEEN MENTIONED 371 GOVERNMENT WEBSITE – ELECTIONS 390 GUIDANCE FOR CANDIDATES VOTING AND OFFICERS 412 PUBLISHED RESULTS 452 ALL STAFF BULLETINS 458 PUBLIC NOTICES 463 TWEETS ON GOV.IM 467 NEWS RELEASE THAT BRIEFLY MENTION THE ELECTION 469 ALL STAFF BULLETINS THAT BRIEFLY MENTION THE ELECTION 473 TH ISLE OF MAN EXAMINER GENERAL ELECTION SUPPLEMENT DATED 13 SEPTEMBER 2016 482 TH MANX INDEPENDENT GENERAL ELECTION SUPPLEMENT DATED 15 SEPTEMBER 2016 494 TH GUIDE TO VOTING PUBLISHED BY IOM EXAMINER ON 30 AUGUST 2016 506 ND GUARDIAN ARTICLE DATED 22 SEPTEMBER 2016 514 ND NEW YORK TIMES ARTICLE DATED 22 SEPTEMBER 2016 515 ND NYC RADIO INTERVIEW DATED 22 SEPTEMBER 2016 WITH HON ALLAN BELL 519 TH APPENDIX 2: SUBMISSION DATED 10 JANUARY 2017 FROM KIRSTY HEMSLEY, CABINET OFFICE 521 TH COVERING EMAIL DATED 10 JANUARY 2017 523 ST EMAIL DATED 21 JULY 2016 TO PROSPECTIVE CANDIDATES 526 NOMINATION PAPER 528 GUIDANCE FOR CANDIDATES 534 MAXIMUM AMOUNT, ELECTION EXPENSES 2016 GENERAL ELECTION 552 DECLARATION FORM FOR DONATIONS RECEIVED 553 APPENDIX 3: SUBMISSION DATED 11TH JANUARY 2017 FROM ALISON KELLY, GENERAL REGISTRY 557 Volume 3 APPENDIX 4: ACTING ATTORNEY GENERAL’S REPORT DATED 3RD OCTOBER 2016 INTO THE GENERAL ELECTION HELD ON 22ND SEPTEMBER 2016 IN RESPECT OF THE CONSTITUENCY OF AYRE AND MICHAEL 563 ST APPENDIX 5: SUBMISSION DATED 31 JANUARY 2017 FROM HM ATTORNEY GENERAL 593 ND APPENDIX 6: SUBMISSION DATED 2 DECEMBER 2016 FROM THE IOM POST OFFICE 597 TH APPENDIX 7: SUBMISSION DATED 4 JANUARY 2017 FROM THE IOM POST OFFICE 601 APPENDIX 8: SUBMISSION DATED 11TH NOVEMBER 2016 FROM TIM BAKER MHK (AYRE AND MICHAEL) 607 APPENDIX 9: SUBMISSION DATED 18TH NOVEMBER 2016 FROM CLARE BETTISON MHK (DOUGLAS EAST) 611 APPENDIX 10: SUBMISSION DATED 17TH NOVEMBER 2016 FROM DAPHNE CAINE MHK (GARFF) 615 APPENDIX 11: SUBMISSION DATED 18TH NOVEMBER 2016 FROM JULIE EDGE MHK (ONCHAN) 621 APPENDIX 12: SUBMISSION DATED 2ND NOVEMBER 2016 FROM LAWRIE HOOPER MHK (RAMSEY) 625 APPENDIX 13: SUBMISSION DATED 21ST OCTOBER 2016 FROM MARTYN PERKINS MHK (GARFF) 633 APPENDIX 14: SUBMISSION DATED 27TH OCTOBER 2016 FROM WILLIAM SHIMMINS MHK (MIDDLE) 637 APPENDIX 15: SUBMISSION DATED 14TH NOVEMBER 2016 FROM THE HON. JUAN WATTERSON SHK (RUSHEN) 641 APPENDIX 16: SUBMISSION DATED 17TH NOVEMBER 2016 FROM ANDREW BARTON, CANDIDATE (GARFF) 649 APPENDIX 17: SUBMISSION DATED 1ST NOVEMBER 2016 FROM KURT BUCHHOLZ, CANDIDATE (DOUGLAS CENTRAL) 657 APPENDIX 18: SUBMISSION DATED 18TH NOVEMBER 2016 FROM STEVE CROWTHER, CANDIDATE (ARBORY, CASTLETOWN AND MALEW) 661 APPENDIX 19: SUBMISSION DATED 15TH NOVEMBER 2016 FROM LEO CUSSONS, CANDIDATE (RUSHEN) 669 APPENDIX 20: SUBMISSION DATED 16TH NOVEMBER 2016 FROM MICHELLE INGLIS, CANDIDATE (DOUGLAS CENTRAL) 679 APPENDIX 21: SUBMISSION DATED 17TH NOVEMBER 2016 FROM MARK KEMP, CANDIDATE (RUSHEN) 683 APPENDIX 22: SUBMISSION DATED 17TH NOVEMBER 2016 FROM RICHARD MCALEER, CANDIDATE (ARBORY, CASTLETOWN AND MALEW) 689 APPENDIX 23: SUBMISSION DATED 18TH NOVEMBER 2016 FROM LYNN SIRDEFIELD, CANDIDATE (DOUGLAS NORTH) 695 APPENDIX 24: SUBMISSION DATED 27TH OCTOBER 2016 FROM LOUISE WHITELEGG, CANDIDATE (AYRE AND MICHAEL) 699 TH APPENDIX 25: SUBMISSION DATED 19 NOVEMBER 2016 FROM THE ISLE OF MAN LAW SOCIETY 703 APPENDIX 26: SUBMISSION DATED 6TH FEBRUARY 2017 FROM SIMON CAIN, RETURNING OFFICER FOR AYRE AND MICHAEL 709 APPENDIX 27: SUBMISSION DATED 11TH JANUARY 2017 FROM WINSTON TAYLOR, RETURNING OFFICER FOR GARFF 717 STATEMENT 719 APP 1: TIME POSTING SLIP 724 TH APP 2: EMAIL DATED 8 AUGUST 2016 14:26 FROM ANDREW BARTON, AND ATTACHMENT 725 TH APP 3: EMAIL DATED 8 AUGUST 2016 14:33 FROM WINSTON TAYLOR 732 TH APP 4: EMAIL DATED 11 AUGUST 2016 FROM WINSTON TAYLOR 734 APP 6: JOINT STATEMENT BY DEPUTY RETURNING OFFICERS 737 APPENDIX 28: SUBMISSION DATED 14TH FEBRUARY 2017 FROM WINSTON TAYLOR, RETURNING OFFICER FOR GARFF 741 COVERING EMAIL DATED 14TH FEBRUARY 2017 743 STATEMENT BY JULIE PEEL 744 VIEWS OF THE GARFF ELECTION STAFF 747 COLLATION OF POLL SHEET 755 APPENDIX 29: TALLY SHEET SUBMITTED BY MR PETER BURGESS, DEPUTY RETURNING OFFICER FOR TH GARFF, DURING ORAL HEARING ON 17 FEBRUARY 2017 (Q 350) 757 APPENDIX 30: SUBMISSION DATED 18TH NOVEMBER 2016 FROM STEPHEN HALSALL, PRESIDING OFFICER FOR “GARFF 7” POLLING STATION AND TECHNICAL ENGINEER FOR DOUGLAS BOROUGH COUNCIL 761 APPENDIX 31: SUBMISSION DATED 21ST NOVEMBER 2016 FROM LAURENCE VAUGHAN-WILLIAMS, RETURNING OFFICER FOR ARBORY, CASTLETOWN AND MALEW 765 APPENDIX 32: SUBMISSION DATED 18TH NOVEMBER 2016 FROM PHILIP CALEY, CAPTAIN OF THE PARISH OF BRADDAN 769 APPENDIX 33: SUBMISSION DATED 14TH NOVEMBER 2016 FROM ALLEN CORLETT, CAPTAIN OF THE PARISH OF GERMAN 771 APPENDIX 34: SUBMISSION DATED 15TH NOVEMBER 2016 FROM CHARLES EDGAR COWIN, CAPTAIN OF THE PARISH OF BALLAUGH 775 APPENDIX 35: SUBMISSION DATED 9TH NOVEMBER 2016 FROM CHARLES FARGHER, CAPTAIN OF THE PARISH OF MAROWN 779 APPENDIX 36: SUBMISSION DATED 9TH