Agenda item
Electoral Matters Update
To consider and comment on the information provided in the report.
Minutes:
Please note that the order of business was varied by resolution of the OSC earlier in the proceedings to allow this item of business to be considered after agenda item 8.2. However for ease of reference, OSC deliberations in respect of agenda item 8.1, and subsequent decisions taken, are set out below in the order detailed in the agenda.
Mr John Williams, Service Head Democratic Services and also Returning Officer and Electoral Registration Officer, introduced and highlighted key points in the report, which provided an update on various matters concerning electoral registration and the conduct of elections, including the development of a local protocol and other ongoing work in liaison with the Metropolitan Police Service (MPS) and the Electoral Commission to ensure the integrity of the electoral registration and election processes. Louise Stamp, Electoral Services Manager, and James Pack, Deputy Electoral and Operations Manager, were also in attendance for this item.
· Regarding the current electoral canvass a publicity leaflet on the canvass arrangements had also been Tabled, a copy of which would be interleaved with the minutes.
· In relation to the review of polling districts and polling places, responses to consultation were currently being processed with final proposals to be submitted to General Purposes Committee on 18th December.
A comprehensive discussion followed, which focused on the following points:
· Given the concerns expressed regarding alleged postal vote (PV) fraud in recent Council by-elections (although in the great majority of associated complaints no actual fraud had been found), what measures were being taken to prevent PV fraud at the important elections in May 2014. All such complaints had been thoroughly investigated by the MPS and the outcome reported to a recent OSC meeting. The proposed Local Protocol included a dedicated email address for complaints and there was an undertaking to investigate these within 24 hours. The MPS had also undertaken to feedback on all investigations, initially within 48 hours.
· Comment that the “Local Protocol” had no standing in Law, if breached; clarification therefore sought and given as to the Officer rationale for considering it would be more effective than previous protocols, also as to consequences/ sanctions for candidates who did not sign up to it. The Protocol did not have any force in Law, and if candidates refused to sign it they could not be forced to do so. However Officers anticipated that most would be willing to sign up to it and would want to be seen to be doing so, and this would raise the profile of issues the Council was trying to address.
· Clarification sought and given as to what measures were being taken to ensure electoral canvassers could gain entry to residences in secure/gated blocks. The initial canvass forms were being delivered by Royal Mail and if they did not respond, this would provide a basis to take the matter up with managing agents of the properties for a visit by the canvasser in January. If required the canvasser could be accompanied by a Tower Hamlets Enforcement Officer (THEO) who would film attempted access and denial thereof by security. Legal Services advised that refusal of entry and evidence thereof would be sufficient to take legal proceedings.
· Clarification sought and given, that the election timetable allowed sufficient time to undertake a legal process to access approximately 9000 residences in secure blocks before the revised 2014 register was published.. Canvassers would finish their work in December and could be utilised for canvass work on such residences. They would be allocated 2 or 3 such blocks which allowed sufficient time for them to complete before publication.
· Clarification sought and given regarding mechanisms in place to detect electoral fraud through registration of additional voters up to the threshold of 6 per household which was known to trigger investigation. How would fraudulent additions of 1 or 2 voters be detected, or a significant proportion of 2 additions in a block? Also 2 bedrooms with 10 or more people registered? Consideration that Officers should comprehensively examine issues around “additions” and associated preventative measures, and report back to the OSC. Now the Electoral Canvass had started there would be no additions to the register until the Register was published in February. Checks would be carried out where more than 6 additions to a household were registered (pre Register publication and pre Election registration deadline). All applications to register after February would be monitored and subject to stringent checks, two additional staff had been recruited for this. There would also be monthly analysis of voter growth by ward, with a data analyst recruited for this. When new tenants request a voter registration form Officers would ask if other electors at the address, should remain registered and where new electors had moved from.
· Clarification sought and given regarding the Communications Strategy for the 2014 elections and elements to:
- To address the complex issues of the 2014 elections (new wards and polling districts, new polling places and 3 different elections with different voting systems)
- To combat resident perceptions of electoral fraud and instill confidence in the integrity of election arrangements.
- Convey zero tolerance by the Council and the MPS of fraudulent registration and allowing empty properties to be used for this.
- That visiting houses where there are postal voters, filling in the forms for voters and then obtaining their signature would not be tolerated.
- To instill that each elector should vote for the candidate of their choice and alert them to potential criminal charges if they were not.
Discussions with the MPS on combating electoral fraud and the associated Communications Strategy had started some time ago and the MPS would be playing a key pro-active role. There would be a very large outreach initiative, and a lengthy and comprehensive advertising campaign to deal with the complex messages needed, and this would include a clear message on the criminal consequences to expect for electoral and PV fraud.
· Clarification sought and given regarding measures in place to prevent theft of PVs delivered and left visible in or on top of communal mailboxes in lobbies. Also for Royal Mail (RM) delivery to prevent information leakage on delivery dates and for the MPS to be informed of dates for hand delivery. Those delivering PVs would be doing so by hand (not mail service) and would be instructed not to leave them in communal areas. Only the MPS would be informed of PV delivery dates.
· Clarification sought and given regarding procedures if voters attended polling stations to vote, but were informed they had registered to vote by post. Presiding Officers were all trained on the process and incidents were recorded and investigated after the election.
· Concern expressed that the use of THEOs with delegated powers to move on election campaigners outside polling places [para 8.4], may present them with a conflict of interest given political candidates once elected might effectively become their employer. Such action would be undertaken jointly by THEOs and Police Constables (PCSOs) with the latter anticipated for hot spots.
· Consideration that the language of the Local Protocol [section 8 pg 25] should be revised as it appeared to encourage campaigning outside polling places. Mr Williams undertook to examine this.
The Chair summarised that
· The OSC welcomed work undertaken so far to ensure the integrity of electoral registration and 2014 election arrangements, including data matching checks using Council Tax and Housing Benefit records to help prevent electoral fraud. However Officers should comprehensively examine issues around “additions” and associated preventative measures, and report back to the OSC at a point agreed in consultation with the OSC Chair.
· The report to OSC should also encompass all possible means to protect the reputation of the Council in relation to the integrity of electoral registration and 2014 election arrangements, and the mandate of whoever was elected.
· The OSC also welcomed the proposed Communications Strategy encompassing a pro-active role for the MPS and would welcome the opportunity to provide input to strengthen it and engage the community further.
· The OSC considered that wherever possible the Borough Commander, through the Safer Neighbourhood Teams should ensure police officers rather than THEOs were used to move on election campaigners from outside polling places, in order to prevent a conflict of interest for THEOs.
The Chair also informed the OSC that at their last meeting he had
emphasised the importance of politicians of all parties ensuring, in the lead up to local elections in 2014, that external partners such as the Borough Commander and Faith Leaders were not exposed to political crossfire. In this context, he had written to the Borough Commander asking him to consider taking steps to protect his position, and that of the MPS, from such crossfire; including writing to the Mayor and leaders of all political groups at LBTH to request that his consent was obtained before they used film/ photos containing MPS Officers.
The Chair Moved and it was:-
Resolved
1. That the contents of the report be noted; and
2. That a further comprehensive report on arrangements to ensure the integrity of electoral registration and the 2014 elections be presented for OSC consideration.
Action by:
John Williams (Service Head Democratic Services, Returning Officer, Electoral Registration Officer)
Louise Stamp (Electoral Services Manager)
Supporting documents: