The Forum for Political Dialogue met between 1996 and 1998 in Belfast as part of the negotiations that led to the Good Friday Agreement.
The Northern Ireland (Entry to Negotiation, etc) Act 1996 provided for a Forum constituted by delegates elected in elections under the same Act to consider and examine issues relevant to promoting dialogue and understanding within Northern Ireland. The Forum met at the Interpoint Centre, York Street, Belfast from 14 June 1996 to 24 April 1998.
To see the full record of a committee, click on the corresponding committee on the map below.
Long term unemployment, Electoral Reform, Beef Industry crisis, Public Processions draft legislation,
Northern Ireland Forum
for
Political Dialogue
~~~~~~~~~
REPORT
by
COMMITTEE
ON ELECTORAL REFORM
~~~~~~~~~
Presented to the Northern Ireland Forum for Political
Dialogue
on 31 October 1997
This report has been prepared by the Committee on
Electoral Reform for the consideration of the
Northern Ireland Forum for Political Dialogue.
Until adopted by the Forum in accordance with its
Rules, this report may not be reproduced in whole
or in part or used for broadcast purposes.
Note
DRAFT REPORTS
ELECTORAL REFORM
CONTENTS
Chapter Page
1. INTRODUCTION 1
2. BACKGROUND 5
3. REMOVING MULTIPLE ENTRIES FROM THE
ELECTORAL REGISTER 10
4. ENSURING THAT THOSE WHO ARE ENTITLED
TO VOTE ARE REGISTERED 17
5. PROVIDING SUITABLE AND CONVENIENT
POLLING STATIONS 19
6. OVERCOMING POSTAL AND PROXY VOTE
ABUSE 24
7. PREVENTING VOTING PERSONATION BY
INTRODUCING PROPER AND EFFECTIVE
IDENTITY CHECKS 32
8. OTHER RELEVANT ISSUES 38
- Difficulties experienced by those with learning
difficulties
- Difficulties experienced by those with sensory
disabilities
- Difficulties experienced by security forces
regarding registration and voting
- Non-delivery of polling cards
- Registration of homeless people
9. SUMMARY OF COMMITTEE'S CONCLUSIONS
AND RECOMMENDATIONS 44
APPENDICES
Appendix A - Record of Debate - 13 June 1997
Appendix B - Membership of Committee
Appendix C - Groups and Organisations invited to make
submissions to the Committee
Appendix D - Household registration form and registration
form for institutions, hospitals, etc
Appendix E - Application Forms for Absent Voting
Appendix F - Extract from Chief Electoral Officer's
Annual Report 1993-94
Appendix G - Statistics in respect of postal and proxy votes
Appendix H - Summary of procedures in other countries
for postal and proxy voting
Appendix I - Summary of procedures in other countries
for the prevention of personation
Appendix J - Bibliography
Appendix K - Oral Evidence
- Disability Action
- Mr Harry Barnes MP
- Mr William Ross MP, UUP
- Association of Electoral Administrators
1
1. INTRODUCTION
1.1 Following the general election on 1 May and the local government election
on 21 May there was concern expressed from a wide spectrum of political,
public and business opinion throughout Northern Ireland of ‘irregularities’
having occurred during these elections. At the plenary meeting of the Forum
held on Friday 13 June 1997 the Forum debated this issue and the following
motion was consequently resolved:
Given the concerns expressed by a wide spectrum of political,
public and business opinion throughout Northern Ireland and
the possibility of "irregularities" having occurred in the recent
parliamentary and local government elections, this Forum calls
on the Government to instigate an early review of voting
procedures for all future elections in Northern Ireland and
resolves to refer this matter to a Committee which shall prepare
a report to recommend methods of countering electoral
irregularities - in particular,
(i) removing multiple entries from the electoral register;
(ii) ensuring that those who are entitled to vote are registered;
(iii) providing suitable and convenient polling stations;
(iv) overcoming postal and proxy vote abuse;
(v) preventing voting personation by introducing proper and
effective identity checks;
(vi) considering other relevant issues -
2
and that a Committee shall report to the Forum with a view to
submitting such evidence to the Secretary of State for
Northern Ireland for consideration within the Government's
review procedure.
A record of the Forum debate is attached at Appendix A.
1.2 The first meeting of the Committee was held on Monday 23 June 1997 at
which Mr Sean Neeson was elected Chairman. The membership of the
Committee is listed at Appendix B.
1.3 Advertisements seeking written submissions from interested groups and
individuals were placed in the Northern Ireland morning and evening papers.
The Committee also wrote to specific groups and organisations listed at
Appendix C inviting written and/or oral submissions.
1.4 The Committee was keen to ensure cross-community involvement in the
review and letters were sent to SDLP Headquarters, Mr Hume, Party Leader
and two SDLP members who had spoken publicly about election
irregularities, namely Dr Hendron and Councillor Attwood, inviting them to
meet with the Committee. However the Committee is disappointed that no
reply has been received from any of the aforementioned parties.
1.5 In addition, the Committee decided to invite Mr Bradley, Chief Electoral
Officer, to give evidence to the Committee as it was considered that he and
his staff would be extremely important in providing information for the
Committee’s review. However Mr Bradley refused to meet with the
3
Committee claiming that he was an independent officer and as a rule did not
meet with bodies of elected representatives such as District Councils or the
Forum.
1.6 The Committee made representations to the Secretary of State and the
Minister of State, Mr Paul Murphy, to urge them to ask Mr Bradley to meet
with the Committee. However they both indicated that Mr Bradley is an
independent officer whose duties are clearly established by statute and that
it would not be appropriate for either of them to ask him to do anything
outwith those duties.
1.7 The Chief Electoral Officer did indicate that he was always prepared to see
elected representatives at his office to discuss those matters within his
responsibility. However the Committee is deeply disappointed with
Mr Bradley’s decision and criticises his refusal to meet with a cross-party
Committee of democratically elected representatives who were making a
serious effort to address the irregularities and anomalies in the electoral
system.
1.8 Furthermore the position taken by Mr Bradley in refusing to meet with the
Committee was, understandably, also taken by his Deputy Returning
Officers and Chief Executives of District Councils who act as Returning
Officers for Local Government Elections.
1.9 However the Committee notes that Mr Bradley has been invited to appear
before the Northern Ireland Select Committee and awaits the outcome of
this meeting with interest.
4
1.10 As a result of the concerns expressed following the recent elections the
Government, on 31 July 1997, announced a review of the electoral system
in Northern Ireland with a view to announcing a final package of
recommendations early 1998. However the Committee notes that the
Secretary of State has said that she expects to announce provisional
recommendations in November regarding ‘vote-stealing’.
1.11 The Committee welcomes the prompt action by the Government and has
attempted to meet the deadline for the announcement of the provisional
recommendations. This report contains the conclusions and
recommendations of the Committee based on issues raised during the debate
in the Forum and the personal knowledge and experiences of the members
of the Committee. Where possible, the Committee's conclusions and
recommendations have been substantiated by published material and oral
and written evidence which has been provided to the Committee. The use
of such material has been detailed where appropriate.
1.12 The Committee however reserves the right to make further comments or
recommendations following Mr Bradley’s appearance before the Northern
Ireland Select Committee in November.
1.13 The Committee wishes to thank those groups and individuals who provided
evidence for this report and who so willingly gave of their time and
expertise to assist the Committee in this review.
5
2. BACKGROUND
2.1 The concept “Vote early, Vote often” has often been quoted with a degree
of mirth but vote stealing has been part of the history of Northern Ireland
Elections for some time.
2.2 Certain changes have been made to the electoral system in recent years in
an attempt to eradicate this problem, such as
- the introduction of identification checks at polling stations before ballot
papers are handed over;
- the introduction of a new household canvass system for the collection of
completed registration forms by Registration Assistants who would
make repeat visits in order to obtain the necessary information. This
system replaced the old system which was mainly postal based with an
addressed registration form being posted out to known households
together with a prepaid addressed envelope for the return, by post, of the
completed forms;
- the introduction of a database within the Electoral Office which was
property based and allowed the Electoral Office to maintain better
control of the number and status of the houses canvassed.
2.3 In order to understand the concerns expressed regarding the electoral
system it may be useful at this stage to set out a brief summary of the
electoral process.
6
Electoral Process
Registration
2.4 An Electoral register is compiled annually, based on a qualifying date of
15 September and information provided on registration forms completed by
householders throughout Northern Ireland. A household registration form is
attached at Appendix D of this report. The register is published on
15 February each year, and comes into force on 16 February.
2.5 The household registration forms are delivered by the Post Office to each
household throughout Northern Ireland and are collected by Registration
Assistants who will also assist in the completion of the form if necessary.
Householders are required to provide the name, address and previous
address for all British Citizens, other Commonwealth citizens, citizens of the
Republic of Ireland and other European citizens resident in their household
who will be 18 years or over by the qualifying date. Repeat visits are made
at the addresses where the Registration Assistants obtained no answer
previously and if the repeat visits are unsuccessful the householder is asked
to return the form by post to the Electoral Office.
Publication of Register
2.6 Registration forms must be with the Electoral Office to enable the
publication of a draft register on or before 28 November each year. After
the publication of the draft register any person may, within the period
7
specified by the Electoral Office, make a claim to the Chief Electoral Officer
to have any incorrect details on the register corrected or to have their name
included if it is not listed on the register. In addition any person can object
to the inclusion of any name listed on the register.
2.7 Procedures are in place for the consideration of all claims and objections by
the Chief Electoral Officer who will, if he cannot reach a decision, pass the
claim or objection to the revising officer who will arrange places and times
for sittings for the consideration of claims and objections which will allow
ample opportunity for all interested parties to appear and be heard.
Application for an Absent Vote
2.8 Any elector who does not reasonably expect to be able to vote in person at
their polling station because of, for example, physical incapacity, absence
from Northern Ireland or because of their occupation can apply to vote by
post or to get someone else to vote on their behalf for an indefinite period.
A copy of the Application forms are attached at Appendix E.
2.9 Applications which are made on grounds of physical incapacity have to be
attested by a medical practitioner, a registered nurse within the meaning of
Section 10(7) of The Nurses, Midwives and Health Visitors Act 1979 or a
Christian Science practitioner. Those applications made on grounds of
occupation or employment have to be attested by an employer or someone
else in the case of those who are self-employed.
8
2.10 If the Electoral Office is satisfied with the authenticity of the application the
elector's name will be added to the permanent standing list of absent voters.
This means that these electors do not need to apply for an absent vote at
each election. The standing list is reviewed within 3 years of the granting
of the individual applications but enquiries can be made at such other times
as the Chief Electoral Officer thinks fit.
2.11 In addition any elector who is listed on the electoral register who finds that
when an election is called, he/she will not be able to vote in person on the
day of the election may apply to vote by post or to get someone else to vote
on their behalf. Applications must provide a detailed reason for the need for
an absent vote. If the Electoral Office is satisfied with the authenticity of
such an application the necessary vote will be sent to the applicant or the
proxy.
2.12 If an elector moves house, he/she must wait until 15 September next to be
registered at the new address and the subsequent 16 February before voting
from that address. Electors can therefore only vote at elections in the area
where they used to live provided they are registered as electors there but
can apply for a postal or proxy vote until such times as they can become
registered at their new address. A copy of the application form is included
at Appendix E.
Voting
2.13 Polling cards are sent out to each individual on the electoral register a few
days before polling day. This card gives the date of the election and the
9
polling station to which the elector has been allocated. The elector is not
required to produce a polling card to vote. When the elector arrives at the
polling station they are directed to a Presiding Officer/Polling Clerk where
the elector will be required to produce one of the identity documents listed
on the reverse of the household registration form before they are given a
ballot paper. When handed a ballot paper the elector's name is marked on
the register.
2.14 There are many aspects of the electoral system which cause widespread
concern. This report addresses, in the following chapters, the concerns
raised during the debate in the Forum on 13 June 1997 and the subsequent
deliberations of the Committee.
10
3. REMOVING MULTIPLE ENTRIES FROM THE ELECTORAL
REGISTER
3.1 Under the current electoral process multiple registration is possible in two
forms - firstly where people are registered at more than one address within
a Parliamentary constituency or District Council area and secondly where
people are registered in more than one Parliamentary constituency or
District Council area.
3.2 Concern has also been expressed that there are cases where discrepancies
occur between the house type and the number of entries on the register for
that particular address.
3.3 Evidence of all of the aforementioned cases was highlighted in a BBC
Spotlight programme which was shown in February of this year. The
reporters found that in the same block of flats in West Belfast
- 6 people claimed to be tenants at a 1 bedroom flat, none were;
- 5 residents registered at another 1 bedroom flat could not be traced;
- 6 people shared another 1 bedroom flat, 3 could not be found; and
- 2 of 5 people registered at another flat were registered at other addresses
within the same constituency as well as at 2 further addresses in a
different constituency.
11
3.4 In addition, the same programme reported that at an electoral hearing in
December 1996, the SDLP challenged 200 entries on the West Belfast
register with the result that 102 names were removed. The Committee asks
what the outcome would be if a similar exercise had been carried out in
other constituencies.
3.5 The Committee considers that registering fictitious names or including on
the registration form the names of those who are not actually resident at
that particular address is made easier under the current system because not
all the registration forms are collected from households by Electoral staff
but end up being posted to the Electoral Office in a pre-paid envelope. There
is nothing therefore to stop anyone from adding fictitious names to the
registration form. The Committee believes that the Chief Electoral
Officer has a duty to compile an accurate electoral register by
ensuring the collection of forms from every house and to fully
investigate all cases where the house type and number of entries for
that residence do not match.
3.6 Furthermore the Committee is of the opinion that random checks
should be carried out by each local Electoral Office to confirm that
information provided on the registration form is correct.
3.7 Additionally, the Committee recommends that a meaningful penalty
for not supplying all the required information or for supplying false
information should be prominently displayed on the household
registration form and that the penalty should be enforced.
12
3.8 While questions need to be asked when the number of entries for a
particular residence do not match the house type the Committee
recognises that some such cases will be legitimate as is the case with
student accommodation, hostels or Old People’s Homes. However the
Committee believes that such genuine cases would be known to the
Election Registration Officers.
3.9 Evidence from the Association of Electoral Administrators confirmed that
multiple registration does not appear to be a problem in Great Britain. This
may partially be as a result of the close working relationship that local
Electoral Offices in GB have with other related agencies such as the council
tax department and the housing and planning departments which enable the
Electoral Offices to reconcile information which has been given on the
registration forms.
3.10 The Association of Electoral Administrators informed the Committee that it
believes that Electoral Returning Officers should have the right to access the
records of public utilities, the Social Security Agency and the Inland
Revenue to check eligibility for registration and that it should be a
requirement for the Registrar of Births, Deaths and Marriages to supply
details of deaths to the Electoral Returning Officer. The Committee is
persuaded that a duty should be placed on the Registrar of Births,
Deaths and Marriages to provide details of deaths to the Chief
Electoral Officer. Similarly, because of the reasons detailed in
paragraph 4.1 of this report, a duty should be placed on the relevant
13
planning and housing authorities to keep the Electoral Office
informed of all new developments throughout the Province. The
Committee also believes that the Chief Electoral Officer should
consider what further interfaces could be set up with related agencies,
for example with the Court Service in respect of prisoners who do not
have a right to vote, to ensure that an accurate register is
maintained.
3.11 Multiple registrations are not illegal - a person only acts illegally if he/she
votes in more than one place. However the Committee believes that
multiple registrations provide the scope for electoral abuse.
3.12 The Committee recognises that under the present registration system
there can be an admissible reason for some people to register at more
than one address. Students studying away from home are a prime
example of this where they might choose to be registered at home and there
is also an obligation on accommodation authorities to register them at their
term-time address. Evidence provided to the Committee also recognised
this but suggested that registration forms should be amended to seek
additional details regarding the length of the course and possibly the
term-time address.
3.13 The Committee however believes that it should be illegal to register
at more than one address in a Parliamentary constituency or district
council area.
14
3.14 One problem identified by the Committee is that the present electoral
computer system is unable to accurately identify multiple entries because of
the limited information requested on the registration form. The present
registration form requires householders to list the surname and full
forenames of those residents eligible to be registered together with the
previous address(es) for anyone who was not resident at that address
before the qualifying date. Therefore entries on the electoral computer
system can only be compared on this information. The Committee is
convinced that the limited information requested under the current
registration process provides the scope for personation and cause for
concern under the postal and proxy vote system, both of which are
addressed later in this report.
3.15 It is the Committee's considered view that Electoral Officers will only be
able to detect multiple entries if each elector has a personal identifier(s)
attached to his/her name. All who provided evidence and indeed, all who
spoke during the debate in the Forum, agreed that this was the only
safeguard against multiple registration. Such a personal identifier(s) should
not necessarily be printed in the published electoral register. It was
suggested to the Committee that the household registration form should be
revised to request personal identifiers, for example, Date of Birth, National
Insurance Number or each person's signature. It was also suggested that
the registration form should in future ask if the elector has registered
elsewhere.
3.16 The Committee strongly recommends that all registration forms
should be revised to request 3 personal identifiers for each elector,
15
namely the elector's Date of Birth, National Insurance Number and
Signature.
3.17 The Committee further recommends that a requirement should be
placed on the Chief Electoral Officer to follow-up and take any
necessary action regarding previous address details provided on the
registration form.
3.18 Identity cards were also suggested by the Association of Electoral
Administrators and by Mr Harry Barnes MP. Identity cards are used in
various countries, with some countries having an established scheme
(Belgium, Germany, Spain) while other countries have a voluntary scheme
(Austria, Denmark, Norway) where the cards are useful for proof of
identity. However identity cards are currently not in use in the UK.
3.19 The Association of Electoral Administrators informed the Committee that
the Home Office had issued in 1995 a Green Paper on whether there should
be a national identity card. The Association advised the Home Office that if
it was decided that identity cards should be introduced, then provision
should be made for them to be used as a means of identification for
registering as an elector, applying for an absent vote and for voting
purposes. The Committee notes that the present Government is currently
actively examining the recommendations made by the Home Affairs Select
Committee to introduce a voluntary identity card scheme linked to plans for
a photo-driving licence and that under the recommended scheme it will not
be an absolute requirement to possess such an identity card.
16
3.20 The Committee's conclusions regarding the introduction and use of identity
cards has been addressed in Chapter 7 of this report.
3.21 Evidence provided to the Committee by Mr Harry Barnes MP and the
Association of Electoral Administrators advocated a rolling electoral register
as a way of combating some of the problems caused by multiple
registrations. This rolling register would allow records to be updated more
easily when people move from place to place and would achieve a more
accurate register as there would be no reason for an elector to register at
two addresses.
3.22 While there are certain attractions in a rolling register the
Committee recognises that this would require further investigation.
The Committee believes that this issue could be more appropriately
addressed after an accurate electoral register has been compiled.
3.23 The Committee notes that the working group set up by the Home Office in
1994 to consider the scope for changes to the registration system
considered the idea of a rolling-register. Unfortunately the working group
considered the suggestion from the angle of non-registration by those
avoiding appearing on the register and their conclusions are therefore of no
benefit to the Committee in this review.
3.24 The Association of Electoral Administration also suggested that electors
could be issued with a registration card confirming that they had been
included on the register. At election it could be a requirement that the
17
registration card and polling card should be produced in order to vote. The
Committee does not wish to take this suggestion on board.
3.25 The Committee recommends that the Secretary of State should
initiate an investigation to fully check the electoral registers for both
the General and Local Elections which were held in May 1997 for
"irregularities" including multiple registrations.
3.26 The Committee recommends that the Chief Electoral Officer should
be given the resources ie finance, staff and equipment to enable him
to carry out the recommendations cited in this chapter and to
maintain an accurate electoral register.
18
4. ENSURING THAT THOSE WHO ARE ENTITLED TO VOTE ARE
REGISTERED
4.1 The Committee was concerned that a number of people had been left off
the electoral register for the last two elections and in certain streets three
and four houses were completely eliminated even though they were included
on the register for previous elections. Concern was also expressed about
people who had moved into new housing developments not having been
added to the register. The Committee is convinced that a duty should
be placed on the Chief Electoral Officer to ensure that everyone who
is entitled to vote is included on the register. The Committee is also
convinced that a requirement should be placed on the Chief Electoral
Officer to have up-to-date and accurate registers and that the
legislation should be amended accordingly.
4.2 The Committee is further of the opinion that the non-collection of
forms by the Electoral Office staff as mentioned in paragraph 3.5 of
this report is part of this problem.
4.3 The Committee notes the installation in 1992 of a property-based computer
system within the Electoral Office. The Committee recommends that
the Chief Electoral Officer should fully investigate any gaps in house
numbering which appear on the electoral register, attempt to find out
why unreturned forms have not been returned and take action as
necessary.
19
4.4 During the debate in the Forum the issue of under-registration was raised. It
was suggested that there should be more public information regarding
registration and that consideration should be given to the introduction of a
registration system at public places such as banks, Post Offices etc. The
Committee believes that the failure of the Electoral Office to be
proactive on the issue of under-registration is failing the democratic
process. The Committee believes that public information regarding
registration should be made more widely available in banks, Post
Offices and public places.
4.5 The Committee recommends that the Chief Electoral Officer should
organise publicity campaigns by way of electronic and printed media to
encourage and promote awareness of registration and other aspects of
the electoral process.
20
5. PROVIDING SUITABLE AND CONVENIENT POLLING STATIONS
5.1 During the debate in the Forum reference was made to the unsuitability and
location of some polling stations.
5.2 Concern was firstly expressed about the inaccessibility of polling stations
and polling booths for people with disabilities.
5.3 Evidence provided by Mr Harry Barnes referred to the publication by
SCOPE called Polls Apart which reported on the findings of a survey
regarding the accessibility of polling stations to people with disabilities when
they wished to vote on election day. Unfortunately the survey was only
conducted throughout Great Britain and did not cover Northern Ireland.
However one of the principles within the report indicates that while many
people with disabilities have been told that the postal vote is their alternative
to accessible voting, people with disabilities continue to reject the idea that
voting by post is an adequate or acceptable substitute to voting alongside
their neighbours on the day. This finding is borne out by examples cited
during the Forum debate:-
'As we go into the next century it is a disgrace that there are still
people who have to be lifted out of wheelchairs and carried into
polling booths. The indignity for the disabled is beyond belief. I
witnessed such a case myself. It shows how seriously some people
take their civic duty that they are prepared to put themselves through
such indignity.'
21
'. . . . Polling stations in many parts of England Scotland and Wales,
unlike those in Northern Ireland, have a much wider booth for
people in wheel chairs and that ramps are provided in most cases.'
'. . . . It is not just polling stations but also voting booths that are
inaccessible . . . . .'
(13 June 1997, Page 12)
'. . . . There were ugly scenes at polling stations when disabled people
who came to vote, at considerable difficulty, were not able to gain
access to the polling stations, either because of steps or because
of blocks at the entrance that would not allow the wheelchair
through. That is very embarrassing for a disabled person. When
such a voter was unable to get into Elmgrove polling station in
East Belfast the people inside showed no willingness to come out
and allow that person to vote in the car. Polling stations must be
accessible to all those who want to vote.'
(13 June 1997, Page 15)
5.4 Evidence provided to the Committee by Disability Action showed that they
receive a lot of complaints regarding the accessibility of some polling
stations. Complaints include
- not being able to get up and down steps;
- no car parking close to the polling booths;
- inaccessibility of polling booths for people in wheelchairs.
22
5.5 During deliberations the Committee also heard how many accessible
entrances were locked or unsuitable for people with disabilities and some
people voted in the street and in cars.
5.6 One of the working groups set up by the Home Office in 1994 looked at the
difficulties experienced by voters with disabilities in entering polling stations
or booths. The Home Office report acknowledges that it is not easy to find
suitable premises for polling places, and in a number of places buildings
which do not provide easy access may have to be used. However the
report further indicates that where it is necessary to use a building to which
the only means of access is by steps, the Home Departments provide grants
towards the purchase of temporary ramps and that additionally grants are
also available towards the cost of polling compartments which can be used
by people in wheelchairs. The Association of Electoral Administrators
confirmed that the Home Office currently makes grants of 50% towards the
cost of providing temporary access ramps and 80% for polling screens for
voters with disabilities. The Committee recommends that the Chief
Electoral Officer satisfies himself that every polling place is used in
such a way as to make it accessible to people with disabilities.
5.7 The location of polling stations was another issue which concerned the
Committee. During the debate examples were given of people having to
travel some distance to their allocated polling station while passing some
other polling stations on the way.
23
‘. . . . During a recent election in the Upper Bann constituency some
people had to travel seven miles, passing two polling stations on
the way, to get to one where they were going to vote. . . . . . . . .'
(13 June 1997, Page 10)
‘. . . . I too have heard of people who, because there is no bus route
from one polling station to another, had to walk past two stations
and vote at a third. . . .
(13 June 1997, Page 15)
5.8 Concern was also expressed about the location of polling stations in areas
where there were deep divisions within the community.
‘In North Antrim one section of a strongly Loyalist area had to
vote in a school in a completely Nationalist area........... The police
told me that they could not guarantee the security of workers in
that school yet people are being asked to go there to vote. . . . . .
'I had the same problem in the Short Strand. On that occasion the
electoral office managed to overcome the difficulty. That should
be done where possible.'
(13 June 1997, Page 15)
5.9 The Committee notes that this problem is encountered throughout Northern
Ireland by all sections of the community.
24
5.10 The Committee is of the opinion that all of these issues are
discouraging to those who want to vote and that the Chief Electoral
Officer should look at where polling stations are sited. The Committee
is aware that the Chief Electoral Office publishes every four years a list of
polling stations which he intends to use for elections. Objections to any of
the stations listed can be made to the Chief Electoral Officer for
consideration. However this scheme does not allow for appeals against the
allocation of electors to certain polling stations. The Committee
recommends that the published lists of polling stations should be
printed in the printed media and that an appeals procedure should be
put in place for appeals from the public regarding either the siting of
polling stations or the elector's allocation to a certain polling station.
5.11 During their deliberations the Committee also considered the difficulties
experienced by those with learning difficulties or sensory disabilities
regarding the electoral process. This issue has been addressed in Chapter 8
of this report.
25
6. OVERCOMING POSTAL AND PROXY VOTE ABUSE
6.1 Abuse of the postal or proxy voting system can take a number of forms
ranging from individuals being registered or left on the register, who have
long since gone elsewhere, and their ballot papers being filled in by others,
to vote stealing involving regular non-voters having applications for a postal
vote being sent in without their knowledge.
6.2 The Committee gives due recognition to the genuine need for absent
voting arrangements for those sections of the community who would
otherwise be in effect disenfranchised. The Committee believes that
a proper balance must be maintained in a system where people can
easily apply for such votes when necessary but where sufficient
safeguards prevail to prevent fraudulent applications. The Committee
considers that this balance is not present under the current absent
voting system
6.3 The Chief Electoral Officer in his Annual Report for 1993-94 details
occurrences of serious absent voting abuse in local general elections in 1985
and 1989 and then in the May 1993 local elections. The appropriate extract
from the report is attached at Appendix F. In his report Mr Bradley has
indicated that under the present regulations relating to absent voting the
potential for abuse is considerable and that such abuse can have
considerable impact on electoral results. While the Chief Electoral Officer
points out that such abuse does take place elsewhere in the United Kingdom
he stresses that in Northern Ireland such abuse has far greater potential to
26
influence results as may especially be the case should elections or referenda
result from the ongoing political talks.
27
6.4 One of the concerns expressed during the debate in the Forum was that the
actual elector can be unaware of a postal or proxy voting application having
been made on his/her behalf. In his 1993-94 report the Chief Electoral
Officer states
‘Substantive evidence has built up to indicate that some parents
are applying for postal or proxy voting facilities in the names of
their sons or daughters who are either permanently or
temporarily away from home. It is apparent that a number of
such applications have been submitted without the knowledge,
let alone the consent, of the family member named. It appears
that such parents are much more anxious for their children's
votes to be cast than the electors themselves. So much so that
in fact they utter false applications. It is not always the case
that sons and daughters share the same identical political
affiliations as their parents.’
(Page 21)
The Chief Electoral Officer continues
‘My Office has contacted a number of electors for whom
absent voting facilities have been requested. The replies
received stated that the electors did not request any such
facility and certainly had not signed any application.
Comparisons between the signatures on the replies and on the
application forms certainly have borne that out. When the
police have investigated the matter the electors invariably
28
decline to repeat their original statement.'
(Page 22)
6.5 Other concerns expressed during the Forum debate regarding the
postal voting arrangements included the increase in the number of
applications for postal and proxy votes and the significant variance in
the number and percentage of postal ballot papers issued in the
different constituencies throughout Northern Ireland. Statistics
regarding postal and proxy votes which are attached at Appendix G
show the reason for the concern in these areas. The Chief Electoral
Officer in his 1988-89 Annual Report acknowledges the differences
in the level of postal voting from area to area.
'There are significant differences in the level of postal voting from
area to area. Some of the differences may be accounted for in the
varying level of physically handicapped persons or the differing age
profile of the population from district to district. The major factor,
however, appears to be the level of political interest. Indeed, the
various polling agents and candidates play the major role in the
procurement of such postal voting applications whilst a much smaller
number of applications is obtained directly from electors.'
(1988-89 Report, Pages 6 and 7)
6.6 The Committee is of the opinion that the postal and proxy vote
system is susceptible to abuse by those applying for fraudulent votes
in that the specified documents which are required to be produced at a
polling station before a ballot paper is handed over do not have to be
produced before an absentee ballot is issued.
29
6.7 The Committee is disappointed to note that while the Chief Electoral Officer
acknowledges in his 1993-94 report that there is serious absent voting abuse
he does not unfortunately provide any suggestions for the improvement of
the current system. However in a newspaper article in the Daily Mail on
24 May 1997 Mr Bradley is reported to have suggested that identity cards
should be used to stop future abuse and in a further article in the Financial
Times on 7 August 1997 Mr Bradley is reported to have said that further
steps should be taken to pre-empt abuse by keeping a digital profile of
voters’ signatures and an historical record of postal voters as well as
monitoring the doctors’ attestations provided on postal applications.
6.8 The Committee noted the concern registered during the Forum debate that
some doctors attest many more forms than some others. However, the
Minister, Mr Paul Murphy MP in answer to a Parliamentary Question
regarding the number of applications signed by individual doctors stated
‘Records of absent voting applications are not currently stored
in a way which would readily provide information on reasons
for applications and individual doctors attestations.’
6.9 The Committee is pleased to note that Mr Bradley acknowledges the
concern expressed about doctors’ attestations and therefore
particularly welcomes all of Mr Bradley’s proposals suggested in the
article on 7 August to pre-empt abuse. The Committee is disturbed
that such steps had not been taken at an earlier date given that Mr
Bradley has identified serious absent voting abuse over many years.
30
6.10 In his 1993-94 report the Chief Electoral Officer confirms that he has
already referred to the police investigations carried out on suspected
electoral abuse. However he goes on to say
'The police have particular difficulties in carrying out
their investigations including the following:
- where the alleged applicants are outside of Northern
Ireland it is particularly difficult to obtain an interview
even with the assistance of the other police forces;
- even when it was clearly established that applicants
did not even know the proxy or assentor the
investigation was thwarted when the proxy or
assentor denied signing the form and refused
handwriting samples;
- in some instances involving absent or severely
infirmed voters, and where all the signatures on the
forms were suspected to be false, the investigation
could not proceed as specimen signatures were not
available.'
(Page 22)
6.11 The Committee notes that Mr Bradley opened a postal vote centre for
two and half months before the elections this year in an effort to
allow people to get their postal and proxy votes sorted out. However,
31
the Committee is of the opinion that those who seek to abuse the
postal and proxy vote system will not make an early application which
would permit the Chief Electoral Officer to carry out the necessary
checks. The Committee further considers that such a centre should
be tied to each local Electoral Office as local knowledge is absolutely
essential in investigating postal or proxy votes. Furthermore, the
Committee is of the opinion that each local Electoral Office should be
staffed to enable the necessary work to be effectively completed.
6.12 The Committee also considers that fraudulent applications for postal
and proxy votes are made easier by the ability to see the marked
register which is available for purchase following an election. Political
parties acknowledge the usefulness of the marked registers in identifying
people who have not voted and in finding out why a party has lost favour
with that particular group of electors. However the availability of the
marked register also makes it easier for perpetrators to apply for fraudulent
proxy or postal votes on behalf of those who do not vote. Suggestions to
avoid this sort of fraud included written confirmation to the applicant that
the proxy or postal application had been granted. The elector would then
have an opportunity to object if a fraudulent application was made in his/her
name and the Chief Electoral Officer could take action to ensure that the
false ballot paper was not cast. The Committee has reservations about
the availability of marked registers following elections given the scope
that they provide for abuse.
32
6.13 The Association of Electoral Administrators suggested to the Committee
that 'early voting' ie voting on specified days in advance of polling day, at a
single location in each constituency or Council area would give electors
who are unable to vote in person on polling day, the opportunity to cast a
vote in person before polling day and would therefore cut down on the need
for many of the postal and proxy votes.
6.14 The Association also suggested that voters who are unable to vote due to
illness or infirmity could receive a visit from polling officers with a mobile
ballot box and ballot papers so that the elector could vote in person at
his/her home. The Association confirmed that this is what happens in
South Africa and points out that such a system gives the elector the
opportunity to be directly involved, is better than sending complicated
instructions through the post, is also far more flexible in terms of
unforeseen illness and reduces the risk of fraud.
6.15 The Committee, as part of its deliberations, looked at how proxy and postal
votes are dealt with in other countries. A summary of the information
which was provided to the Committee is attached at Appendix H.
6.16 The Committee is of the opinion that consideration should be given to
allow the long-term sick to vote at home by way of an electoral officer
calling on them at home.
6.17 Following lengthy deliberations the Committee recommends that
application forms for postal and proxy votes should be revised to
request the Date of Birth and National Insurance Number of the
33
applicant and that when applications for postal or proxy votes are
received, the Chief Electoral Officer should be required to make
checks on identity before registration is accepted.
6.18 The Committee also recommends that an earlier deadline for the
receipt of applications for postal and proxy votes has to be set to allow
the local Electoral Office time to carry out the necessary checks and
that late applications should only be accepted if the elector has a due
reason why an application could not have been made earlier.
6.19 The Committee also concludes that the household registration form
should be revised to ask each elector to indicate whether they have
any disabilities, physical incapacities, or if his/her work regularly
takes him/her away from home etc and as a result may therefore
require a postal or proxy vote. This registration form should also
warn the elector that if he/she does not apply for a postal or proxy
vote in sufficient time he/she may not get such a vote. The
Committee believes that there is no reason why applications for an
absent vote for an indefinite period should not be made before 31
December.
34
7. PREVENTING VOTING PERSONATION BY INTRODUCING PROPER
AND EFFECTIVE IDENTITY CHECKS
7.1 Personation is another area of concern with regard to vote-stealing and one
which was repeatedly raised during the debate in the Forum.
7.2 Under the present system an elector is required to provide one of the
following specified documents before he/she is handed a ballot paper:
(a) a current Northern Ireland or Great Britain full driving licence or a
Northern Ireland provisional licence (in each case both parts of the
licence have to be produced);
(b) a current United Kingdom or Republic of Ireland passport (including a
UK Visitor’s Passport) or other current European Union State
Passport;
(c) a current book for the payment of allowances, benefits or pensions
issued by the Department of Health and Social Services for Northern
Ireland;
(d) a medical card issued by the Northern Ireland Central Services
Agency (no other medical card is acceptable);
(e) a current British Seaman’s card;
35
(f) a card made of plastic issued by the Department of Health and Social
Security or the Department of Social Security with a name and
national insurance number embossed on it;
(g) in the case of a woman married within 2 years of polling day, a
certified copy or extract of an entry of marriage issued by a
Registrar General in the UK.
7.3 Widespread concern has been expressed about the inclusion of the
non-photographic documents in the list of specified documents such as
Medical cards, allowance or benefit books or plastic card with National
Insurance Number.
7.4 Evidence provided to the Committee by a few who had officiated at
elections indicated that misuse of these documents does indeed happen.
'In my position I could personally identify voters
impersonating using allowance books etc but needless to say it
is not my duty as Presiding Officer to refuse.'
(Presiding Officer)
'I have observed blatant impersonation on a large scale.
Introduction of an election identity card is essential. Passports
and Driving Licences are OK but benefit books and Plastic
National Insurance Cards are a sham.'
(Poll Clerk & Presiding Officer)
36
7.5 An example quoted in the Forum debate indicated that on one
constituency about 70% of electors use medical cards or benefit
books. Throughout the debate other examples were given regarding
the misuse of non-photographic identification.
‘.......we have evidence that medical cards too have been
reproduced.'
(13 June 1997, Page 10)
‘One Presiding Officer said to me that he had never seen so
many brand new medical cards. There is also a problem with
regard to social-security benefit books.'
(13 June 1997, Page 12)
'I know of a Roman Catholic polling officer who was so
embarrassed by what he saw in his local station that when it
came to the council election he requested to be moved to
another station. He could not allow it to go on. He himself
could not object to people coming in eight or nine times to
vote, but he was so embarrassed that he asked to be moved to
another station’.
(13 June 1997, Page 19)
7.6 The Chief Electoral Officer in his 1993-94 report acknowledges that
concern has been expressed about the appropriateness of the inclusion of
medical cards in the list of prescribed documents as those cards are
relatively easy to forge. However the Chief Electoral Officer points out that
37
there is nevertheless the additional safeguard of the right of a polling agent
to challenge an elector at the polling station including the right to have an
arrest effected on grounds of alleged personation.
7.7 The Committee however recognises that it is difficult to identify the
perpetrators as they will in most cases cast the fraudulent vote first
and then return later to cast the legal vote - any challenges would
therefore be on the legal vote!
7.8 However the Committee is of the opinion that the list of specified
documents which an elector is required to provide before he/she is
handed a ballot paper is open to abuse and strongly believes that the
list is being abused.
7.9 One other area of the electoral procedure which has been used for
vote-stealing and personation is where information regarding who has and
has not voted is being taken out of the polling stations. The Committee
recommends that the Presiding Officer should be empowered to stop
information being removed from the polling station.
7.10 All of those who provided evidence to the Committee, in addition to all of
those who expressed concern during the Forum debate, advocated that
photographic identification was the only way to identify an elector.
However documents that do not have a photograph cannot simply be
disallowed unless there is an alternative that people can use. Evidence
provided to the Committee recognised that not all electors possess a driving
38
licence or passport but stated they probably do possess some photographic
document which would confirm proof of identity such as bus passes,
security passes etc.
7.11 There was also support for a national identity card which could also assist
with matters such as state benefits and driver licensing.
7.12 The Association of Electoral Administrators suggested that if electors were
issued with a registration card confirming they had been included on the
register, at an election it could be a requirement that the registration card
and the poll card should be produced in order to vote.
7.13 The Committee, as part of its deliberations, looked at procedures used by
other countries for the prevention of personation. A summary of the
information which was provided to the Commitee is attached at Appendix I.
7.14 The Committee strongly recommends that in the first instance the
legislation should be amended to require photographic identification
to be produced before a voting paper is handed over.
7.15 In addition, the Committee believes that consideration should also be
given to implementing procedures whereby each elector would be
required to sign the electoral register and a comparison of the
signature on the register and the one which was provided on the
registration form, made by polling station officials before a voting
paper is handed over.
39
7.16 However the Committee believes that the Government should also
consider the introduction of one of the three options for identity cards
listed below as a requirement for identification before a voting paper
is handed over:
- a National Identity Card which could be used in association with
other matters;
- a Voting Identity Card which all electors would have to produce
before a voting paper is handed over;
- a Voting Identity Card for those electors who do not have the
appropriate photographic identification.
7.17 The Committee is also of the opinion that consideration should be
given to putting invisible, indelible, fluorescent dye on a specified
thumb or finger of each elector which would be checked by polling
station officials under an ultra-violet lamp before issuing a ballot
paper. While this process may seem undignified for the voter the
Committee believes that it would certainly add to the integrity of the
voting process. The Committee notes that this process was introduced
without controversy in recent elections in Bosnia, South Africa,
Cambodia and Albania.
40
7.18 The Committee believes that it should be the clear duty of the
Presiding Officer to refuse to issue a ballot paper if there is doubt
about a voter's identity and that an objection from a candidate's
polling agent should not be required. However, there should be
provision for the issue of a 'tendered' ballot paper in the case of a
dispute about identity documentation.
41
OTHER RELEVANT ISSUES
8. Difficulties experienced by those with learning difficulties
8.1 During the Committee's deliberations concerns were expressed on various
issues additional to those which were specifically identified in the motion
passed by the Forum.
8.2 One such concern was regarding the difficulties experienced by those with
learning difficulties. Evidence provided to the Committee by Mencap
informed the Committee that a research project was carried out by Mencap
in 1996 to look at the barriers faced by people with a learning disability.
Although the research project did not include Northern Ireland, Mencap
confirmed that contact with carers and organisations working with people
with a learning disability in Northern Ireland suggests that the experiences in
Northern Ireland are very similar. Amongst the barriers highlighted are the
following:
lack of knowledge that people with a learning disability can vote;
the absence of information in an accessible format to explain the
electoral procedures, voting papers or the manifestos of each candidate
or party;
the absence of accessible polling stations - not only in terms of physical
access, but accessible by the use of signs, pictures, independent support
etc;
42
the lack of facilities available at the polling stations to allow staff or
carers to explain the voting form and procedures to the individual with a
learning disability and for the person with a learning disability to be
comfortable and confident in unfamiliar surroundings;
the lack of experience of voting by individuals with a learning disability,
coupled with the infrequent nature of elections;
the absence of transport to get to the polling station;
the absence of an independent advocate, known to the person with a
learning disability, who would assist him or her in marking their ballot
paper. Whilst acknowledging the need to prevent fraudulent use of the
voting procedures, it is important to recognise that the offer of help from
the Presiding Officer - a stranger to the potential voter - can result in a
person with a learning disability not exercising their right to vote.
8.3 Mencap believe that a number of individuals and organisations have a role to
play in encouraging people with a learning disability to vote but that in the
absence of clear policies or guidelines issued by Government at central or
Northern Ireland levels on this matter, coupled with the lack of training for
Electoral Office staff about the needs of people with a learning disability,
mean that many do not exercise their right to vote.
8.4 The Committee recommends that the Chief Electoral Officer should
liaise with organisations such as Mencap to discuss training for his
43
staff and how the registration and voting procedures could be revised
to encourage people with learning difficulties to vote.
Difficulties experienced by those with sensory difficulties
8.5 The Committee also wrote to the RNID, RNIB and SENSE regarding
difficulties encountered by people with sensory difficulties. However, at the
time of writing this report no replies have been received.
8.6 The Committee acknowledges that there are general problems regarding the
electoral system faced by people with sensory disabilities and recommends
that the Chief Electoral Officer should liaise with organisations such
as RNID, RNIB and SENSE to discuss how these difficulties might be
overcome.
Difficulties experienced by security forces regarding registration and
voting
8.7 Two other issues which the Committee was asked to consider were
- the difficulties experienced by security personnel working on the day of
the election; and
- the security risk of names and addresses of security personnel appearing
on the electoral register.
8.8 Representations made to the Committee stated that authorities had promised
to arrange postal votes for security personnel who had to work on the day
44
of the election but that the postal votes had not materialised. Existing
provisions within the electoral procedures allows for security personnel
who are unable to vote at their allocated polling station because they are
working on polling day to be, on presentation of a prescribed certificate,
permitted to vote at any polling station within the same Parliamentary
constituency or District Council electoral area as their allocated polling
station. However, frequently security personnel are posted to work in areas
outside the Parliamentary constituency or District Council electoral area of
their allocated polling station and they are therefore unable to cast their vote.
The Committee believes that the existing provisions for such cases
are not satisfactory and recommends that a duty should be placed on
senior members of the security forces to apply for postal votes for
those members of the security forces for whom they are responsible.
8.9 Representations were also made to the Committee regarding the security
risk which arises when the names and addresses of security personnel
appear on the electoral register.
8.10 The Committee notes that in Australia, for example 'silent enrolment' is
offered. Electors who consider that the publication of their address on the
publicly available electoral roll would endanger the personal safety of
themselves or their families, may make a request to the Divisional Returning
Officer that their addresses not appear, or be deleted from, the roll. A
request must give details of the relevant risk and be verified by statutory
declaration.
45
8.11 The Committee recommends that the Chief Electoral Officer should
put in place procedures to allow members of the security forces to
apply for the non-inclusion of their addresses on the published
electoral register and to set up procedures to enable him to approve
and take the necessary action on such applications. The Committee is
of the opinion that there may be circumstances in which others (for
example, those at risk from an ex-spouse) should have the
opportunity to avail of this procedure.
Non-delivery of polling cards
8.12 One of the other issues raised during the debate in the Forum was the
non-delivery of polling cards and personal literature of some candidates.
The Committee is aware that there appears to have been problems in recent
elections concerning late printing of polling cards. The Committee
recommends that the Chief Electoral Officer should take action to
ensure early delivery of poll cards. Evidence provided to the Committee
by Royal Mail indicates that difficulties have been experienced by their
organisation in ensuring unaddressed literature is delivered within the
correct constituency and that this situation would be improved if they could
access constituency details held by the Chief Electoral Officer.
8.13 The Royal Mail also indicated in their evidence that the registration form as
currently designed does not include any space for postcode details.
Consequently poll cards and other addressed items do not have postcodes
included as part of the address format.
46
8.14 The Committee recommends that the registration form should be
revised to ask for postcode and that the Chief Electoral Officer should
liaise with the Royal Mail to discuss what other procedures could be
put in place to help establish an effective system for sending out
election literature and polling cards.
47
Registration of homeless people
8.15 Mr Harry Barnes MP, informed the Committee that he has campaigned for
the registration of homeless people which is not possible under the current
registration system which requires electors to be 'a resident' in order to be
registered. Mr Barnes pointed out that as a resident is normally somebody
who is expected to have a residence by definition that almost always
excludes homeless people. Mr Barnes stated that he would like to see the
definition changed to allow homeless people to be added or, in the
meantime, the appropriate Government office putting out circulars to
encourage a more liberal interpretation of the present arrangement.
8.16 The Committee notes the case made by Mr Barnes but has
reservations about his desired change which the Committee believe
would give rise to potential abuse. The Committee believes however
that provision should be made for those who are resident in
recognised accommodation for example, Salvation Army, Simon
Community, Women's Aid Refuge.
48
9. SUMMARY OF THE COMMITTEE'S CONCLUSIONS AND
RECOMMENDATIONS
9.1 This chapter provides a summary of the conclusions and recommendations
identified in this report. The recommendations are presented as a package
and as such are dependent on each other to provide an effective and fair
electoral system.
9.2 The Committee recommends that the Chief Electoral Officer should
be provided with the necessary finance, staff and equipment to enable
the recommendations in this report to be carried out satisfactorily.
9.3 Where recommendations are not already provided for under current
legislation the Committee recommends that the legislation should be
amended accordingly or that appropriate procedures are established to
ensure that recommendations are carried out.
REMOVING MULTIPLE ENTRIES FROM THE ELECTORAL
REGISTER
The Committee believes that the Chief Electoral Officer has a duty
to compile an accurate electoral register by ensuring the collection
of forms from every house and to fully investigate all cases where
the house type and number of entries for that residence do not
match. (Para 3.5)
49
Furthermore the Committee is of the opinion that random checks
should be carried out by each local Electoral Office to confirm that
information provided on the registration form is correct. (Para 3.6)
Additionally, the Committee recommends that a meaningful
penalty for not supplying all the required information or for
supplying false information should be prominently displayed on the
household registration form and that the penalty should be
enforced. (Para 3.7)
The Committee recognises that some cases where the house type
and number of entries for that residence do not match will be
legitimate as is the case with student accommodation, hostels or
Old People’s Homes. However the Committee believes that such
genuine cases would be known to the Election Registration
Officers. (Para 3.8)
The Committee is persuaded that a duty should be placed on the
Registrar of Births, Deaths and Marriages to provide details of
deaths to the Chief Electoral Officer. Similarly, a duty should be
placed on the relevant planning and housing authorities to keep
the Electoral Office informed of all new developments throughout
the Province. The Committee also believes that the Chief Electoral
Officer should consider what further interfaces could be set up
with related agencies, for example with the Court Service in
50
respect of prisoners who do not have the right to vote, to ensure
that an accurate register is maintained. (Para 3.10)
The Committee believes that multiple registrations provide the
scope for electoral abuse. (Para 3.11)
The Committee recognises that under the present registration
system there can be an admissible reason for some people to
register at more than one address. (Para 3.12)
The Committee however believes that it should be illegal to
register at more than one address in a Parliamentary constituency
or district council area. (Para 3.13)
The Committee is convinced that the limited information
requested under the current registration process provides the
scope for personation and cause for concern under the postal and
proxy vote system. (Para 3.14)
The Committee strongly recommends that all registration forms
should be revised to request 3 personal identifiers for each elector,
namely the elector's Date of Birth, National Insurance Number and
Signature. (Para 3.16)
The Committee further recommends that a requirement should be
placed on the Chief Electoral Officer to follow-up and take any
51
necessary action regarding previous address details provided on the
registration form. (Para 3.17)
While there are certain attractions in a rolling register the
Committee recognises that this would require further
investigation. The Committee believes that this issue could be
more appropriately addressed after an accurate electoral register
has been compiled. (Para 3.22)
The Committee recommends that the Secretary of State should
initiate an investigation to fully check the electoral registers for
both the General and Local Elections which were held in May 1997
for "irregularities" including multiple registrations. (Para 3.25)
The Committee recommends that the Chief Electoral Officer
should be given the resources ie finance, staff and equipment to
enable him to carry out the recommendations cited in this chapter
and to maintain an accurate electoral register. (Para 3.26)
ENSURING THAT THOSE WHO ARE ENTITLED TO VOTE ARE
REGISTERED
The Committee is convinced that a duty should be placed on the
Chief Electoral Officer to ensure that everyone who is entitled to
vote is included on the register. The Committee is also convinced
that a requirement should be placed on the Chief Electoral Officer
52
to have up-to-date and accurate registers and that the legislation
should be amended accordingly. (Para 4.1)
The Committee is further of the opinion that the non-collection of
forms by the Electoral Office staff as mentioned in paragraph 3.5
of this report is part of the problem whereby people are being left
off the register. (Para 4.2)
The Committee recommends that the Chief Electoral Officer
should fully investigate any gaps in house numbering which appear
on the electoral register, attempt to find out why unreturned forms
have not been returned and take action as necessary. (Para 4.3)
The Committee believes that the failure of the Electoral Office to
be proactive on the issue of under-registration is failing the
democratic process. The Committee believes that public
information regarding registration should be made more widely
available in banks, Post Offices and public places. (Para 4.4)
The Committee recommends that the Chief Electoral Officer
should organise publicity campaigns by way of electronic and
printed media to encourage and promote awareness of registration
and other aspects of the electoral process. (Para 4.5)
PROVIDING SUITABLE AND CONVENIENT POLLING STATIONS
53
The Committee recommends that the Chief Electoral Officer
satisfies himself that every polling place is used in such a way as to
make it accessible to people with disabilities. (Para 5.6)
The Committee is of the opinion that all of these issues (paras 5.7
to 5.9) are discouraging to those who want to vote and that the
Chief Electoral Officer should look at where polling stations are
sited. (Para 5.10)
The Committee recommends that the published lists of polling
stations should be printed in the printed media and that an appeals
procedure should be put in place for appeals from the public
regarding the siting of polling stations or the elector's allocation to
a certain polling station. (Para 5.10)
OVERCOMING POSTAL AND PROXY VOTE ABUSE
The Committee gives due recognition to the genuine need for
absent voting arrangements for those sections of the community
who would otherwise be in effect disenfranchised. The Committee
believes that a proper balance must be maintained in a system
where people can easily apply for such votes when necessary but
where sufficient safeguards prevail to prevent fraudulent
applications. The Committee considers that this balance is not
present under the current absent voting system. (Para 6.2)
54
The Committee is of the opinion that the postal and proxy vote
system is susceptible to abuse by those applying for fraudulent
votes in that the specified documents which are required to be
produced at a polling station before a ballot paper is handed over do
not have to be produced before an absentee ballot is issued. (Para
6.6)
The Committee is pleased to note that Mr Bradley acknowledges
the concern expressed about doctors’ attestations and therefore
particularly welcomes all of Mr Bradley’s proposals suggested in
the article in the Financial Times on 7 August 1997 to pre-empt
abuse. The Committee is disturbed that such steps had not been
taken at an earlier date given that Mr Bradley has identified
serious absent voting abuse over many years. (Para 6.9)
The Committee notes that Mr Bradley opened a postal vote centre
for two and half months before the elections this year in an effort
to allow people to get their postal and proxy votes sorted out.
However, the Committee is of the opinion that those who seek to
abuse the postal and proxy vote system will not make an early
application which would permit the Chief Electoral Officer to carry
out the necessary checks. The Committee further considers that
such a centre should be tied to each local electoral office as local
knowledge is absolutely essential in investigating postal or proxy
votes. Furthermore, the Committee is of the opinion that each
55
local electoral office should be staffed to enable the necessary work
to be effectively completed. (Para 6.11)
The Committee also considers that fraudulent applications for
postal and proxy votes are made easier by the ability to see the
marked register which is available for purchase following an
election. (Para 6.12)
The Committee has reservations about the availability of marked
registers following elections given the scope that they provide for
abuse. (Para 6.12)
The Committee is of the opinion that consideration should be given
to allow the long-term sick to vote at home by way of an electoral
officer calling on them at home. (Para 6.16)
The Committee recommends that application forms for postal and
proxy votes should be revised to request the Date of Birth and
National Insurance Number of the applicant and that when
applications for postal or proxy votes are received, the Chief
Electoral Officer should be required to make checks on identity
before registration is accepted. (Para 6.17)
The Committee also recommends that an earlier deadline for the
receipt of applications for postal and proxy votes has to be set to
allow the local Electoral Office time to carry out the necessary
56
checks and that late applications should only be accepted if the
elector has a due reason why an application could not have been
made earlier. (Para 6.18)
The Committee also concludes that the household registration
form should be revised to ask each elector to indicate whether they
have any disabilities, physical incapacities, or if his/her work
regularly takes him/her away from home etc and as a result may
therefore require a postal or proxy vote. This registration form
should also warn the elector that if he/she does not apply for a
postal or proxy vote in sufficient time he/she may not get such a
vote. The Committee believes that there is no reason why
applications for an absent vote for an indefinite period should not
be made before 31 December. (Para 6.19)
PREVENTING VOTING PERSONATION BY INTRODUCING PROPER
AND EFFECTIVE IDENTITY CHECKS
The Committee recognises that it is difficult to identify the
perpetrators as they will in most cases cast the fraudulent vote
first and then return later to cast the legal vote - any challenges
would therefore be on the legal vote! (Para 7.7)
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The Committee is of the opinion that the list of specified
documents which an elector is required to provide before he/she is
handed a ballot paper is open to abuse and strongly believes that
the list is being abused. (Para 7.8)
The Committee recommends that the Presiding Officer should be
empowered to stop information being removed from the polling
station. (Para 7.9)
The Committee strongly recommends that in the first instance the
legislation should be amended to require photographic
identification to be produced before a voting paper is handed over.
(Para 7.14)
In addition, the Committee believes that consideration should also
be given to implementing procedures whereby each elector would
be required to sign the electoral register and a comparison of the
signature on the register and the one which was provided on the
registration form, made by polling station officials before a voting
paper is handed over. (Para 7.15)
However the Committee believes that the Government should also
consider the introduction of one of the three options for identity
cards listed below as a requirement for identification before a
voting paper is handed over:
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- a National Identity Card which could be used in association with
other matters;
- a Voting Identity Card which all electors would have to produce
before a voting paper is handed over;
- a Voting Identity Card for those electors who do not have the
appropriate photographic identification. (Para 7.16)
The Committee is also of the opinion that consideration should be
given to putting invisible, indelible, fluorescent dye on a specified
thumb or finger of each elector which would be checked by polling
station officials under an ultra-violet lamp before issuing a ballot
paper. While this process may seem undignified for the voter the
Committee believes that it would certainly add to the integrity of
the voting process. The Committee notes that this process was
introduced without controversy in recent elections in Bosnia, South
Africa, Cambodia and Albania. (Para 7.17)
The Committee believes that it should be the clear duty of the
Presiding Officer to refuse to issue a ballot paper if there is doubt
about a voter's identity and that an objection from a candidate's
polling agent should not be required. However, there should be
provision for the issue of a 'tendered' ballot paper in the case of a
dispute about identity documentation. (Para 7.18)
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OTHER RELEVANT ISSUES
Difficulties experienced by those with learning difficulties
The Committee recommends that the Chief Electoral Officer
should liaise with organisations such as Mencap to discuss training
for his staff and how the registration and voting procedures could
be revised to encourage people with learning difficulties to vote.
(Para 8.4)
Difficulties experienced by those with sensory difficulties
The Committee recommends that the Chief Electoral Officer
should liaise with organisations such as RNID, RNIB and SENSE to
discuss how the difficulties faced by people with sensory difficulties
might be overcome. (Para 8.6)
Difficulties experienced by security forces regarding registration and
voting
The Committee believes that the existing provisions for security
personnel who have to work on the day of the election are not
satisfactory and recommends that a duty should be placed on
senior members of the security forces to apply for postal votes for
those members of the security forces for whom they are
responsible. (Para 8.8)
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The Committee recommends that the Chief Electoral Officer
should put in place procedures to allow members of the security
forces to apply for the non-inclusion of their addresses on the
published electoral register and to set up procedures to enable him
to approve and take the necessary action on such applications. The
Committee is of the opinion that there may be circumstances in
which others (for example, those at risk from an ex-spouse) should
have the opportunity to avail of this procedure. (Para 8.11)
Non-delivery of polling cards
The Committee recommends that the Chief Electoral Officer
should take action to ensure early delivery of poll cards. (Para
8.12)
The Committee recommends that the registration form should be
revised to ask for postcode and that the Chief Electoral Officer
should liaise with the Royal Mail to discuss what other procedures
could be put in place to help establish an effective system for
sending out election literature and polling cards. (Para 8.14)
Registration of homeless people
The Committee notes the case made by Mr Barnes but has
reservations about his desired change which the Committee
believes would give rise to potential abuse. The Committee
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believes however that provision should be made for those who are
resident in recognised accommodation for example, Salvation
Army, Simon Community, Women's Aid Refuge. (Para 8.16)
62