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Changes in electoral practice since 2019

By Rowan Hall, on 17 June 2024

The coming general election is the UK’s first in approaching five years. Many changes have happened in how elections are done – partly through legislation, but partly also through informal shifts in the media, AI, and electoral administration. In this post, Sanjana Balakrishnan summarises all that is new.

The general election on 4 July will be the UK’s first since 2019. The intervening years have seen many changes to electoral process. These include important amendments in electoral law – most notably, but not exclusively, through the Elections Act 2022. They also include more informal shifts in, for example, the operating practices of social media companies and the capacity of local electoral administrators.

The breadth of these institutional changes means that July’s vote will be different from any previous UK general election. This post surveys the key points. It begins with legislative changes (on which the Hansard Society has offered an excellent and more detailed account) before turning to other innovations.

Elections Act 2022

The biggest set of reforms was introduced by the Elections Act 2022. Some of these changes related to local elections – see posts by the Unit’s Alan Renwick on mayoral and Police and Crime Commissioner (PCC) elections. The focus here is on those relevant to parliamentary elections.

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Election spending limits: we’re going to spend, spend, spend (or are we)?

By Rowan Hall, on 5 October 2023

Increasing the amount of money that political parties can spend during election campaigns might not sound sensible, but as Justin Fisher explains, the government’s proposal to do so seems reasonable in principle, but must be implemented with care to avoid disproportionately benefiting the two most popular parties.

On 20 July, Michael Gove, the Secretary of State responsible for overseeing party finance regulation, announced that party (and candidate) campaign spending limits for Westminster elections were to be increased in line with the value of money. This received little fanfare and was only touched upon briefly in the press the following month. This proposed change is both welcome and significant. So why is the change being proposed? To understand this, it is worth explaining how party spending limits are calculated.

Party Spending limits

Party (rather than candidate) spending limits were introduced by the Political Parties, Elections & Referendums Act 2000 (PPERA). Setting the period of regulation as 365 days before a general election, the act devised a formula for parties based on the number of constituencies in which a party fielded a candidate. The overall party spending limit was set at the number of seats contested multiplied by £30,000. Thus, at the 2019 general election, if a party fielded candidates in the 631 constituencies in Great Britain (assuming they did not contest the seat of the Speaker), the national party spending limit would be £18,930,000.

However, the sum per constituency (£30,000) set by PPERA in 2000 has never been adjusted for inflation. As a result, the national party limit is approximately 50% lower in real terms than when it was introduced. When accounting for whole-year inflation, the £18,930,00 spending limit equates to approximately £9,473,344 at 2022 prices. This erosion of the level in real terms has occurred over a period of relatively low inflation. So, given the relatively high rates of inflation experienced in 2023, this real-term figure will be even lower come the end of this year.

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Rebuilding and renewing the constitution: elections and public participation

By Rowan Hall, on 30 August 2023

A new Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters have been published on this blog throughout August, with this final excerpt identifying potential changes relating to elections and public participation.

Democracy rests ultimately on popular sovereignty. But the bond of trust between the public and their representatives – which is essential for healthy democratic governance – has become increasingly frayed. Public engagement with the political process has long been a cause for concern, and there is a desire to boost public trust and participation. In recent years, particular concerns have been voiced about the government’s attitudes towards the Electoral Commission, its policies on public protest and on voter ID, and a change in the electoral system for local mayors that appeared to be motivated by partisan gain. At a more mundane but nonetheless important level, there are also long-running challenges to the fair and effective administration of elections.

A range of reforms to elections, the conduct of campaigns, and the wider role of the public in processes of policymaking have been proposed to tackle these concerns. Some improvements could be made immediately. A number of others would require legislation, but would be largely uncontroversial, or could be implemented fairly straightforwardly through other means. Proposals for more fundamental change – most obviously to the Westminster voting system, and party funding – would be much more contested.

Quick win

The Elections Act 2022 empowered ministers to prepare a ‘strategy and policy statement’ for the Electoral Commission. Experts widely view the existence of such a statement as a threat to the Commission’s independence. Three Commons committees sharply criticised the government’s first draft, leading to revisions. Ministers should not proceed further with designating a strategy and policy statement for the Electoral Commission. Rather, they should simply affirm their commitment to the Commission’s independence and welcome its work. Should a statement be designated, a future government should withdraw it.

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The Elections Bill: some good ideas, but more thought needed

By Rowan Hall, on 1 October 2021

The Elections Bill has been subject to both criticism and praise, as discussed by our Deputy Director Alan Renwick on this blog, and numerous contributors to a parliamentary inquiry. Justin Fisher, a panellist at the Unit’s recent seminar on the bill, argues that it has several good proposals, but that more thought about certain aspects is required.

Of all the provisions in the Elections Bill, most attention has been paid to plans to introduce voter identification and greater political control of the Electoral Commission. Those provisions are obviously important, but the bill also includes significant proposals relating to notional expenditure and ‘third parties’ – organisations that campaign in elections but do not themselves field candidates. Some of these proposals, while ostensibly positive and well intentioned, have the potential to significantly affect the conduct of elections if they emerge from the scrutiny process unchanged. Others represent a disproportionate response, which are likely to lead to difficulties.

Notional Expenditure

Notional expenditure refers to campaign spending in and around constituencies which does not promote any particular candidate. Such spending is typically ascribed to the party at national level rather than the candidate at constituency-level. It is a by-product of the fact that there are different expenditure limits for candidates and for parties, and that under our electoral system, all parties target their campaign activity as far as possible on seats that they are seeking to gain or hold. Critics argue that candidate spending limits are rendered meaningless by parties’ targeting efforts, and matters came to a head at the 2015 election when in one seat, the candidate, his agent and a Conservative Party official were charged following allegations that campaign spending had not been properly declared. The candidate and agent were acquitted, but the party official was found guilty. The bill adopts a conservative approach to the issue but a sensible and most importantly, a workable one.

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The Elections Bill: examining the evidence

By Rowan Hall, on 23 September 2021

The Elections Bill is currently being scrutinised by the Commons Public Administration and Constitutional Affairs Committee, which has received a large amount of evidence from a wide range of academics and organisations. Ahead of the Unit’s September webinar on the bill, Emilia Cieslak offered a summary of the key themes, including the parts of the bill that are welcomed, and the sections that have caused concern.

The Elections Bill currently before parliament aims to tackle a wide range of issues, including fighting electoral fraud, increasing parliamentary supervision of the Electoral Commission, and extending the franchise to more overseas electors and EU citizens. The bill recently received its second reading in the Commons. It is currently going through committee stage and is also being reviewed by the Commons Public Administration and Constitutional Affairs Committee (PACAC). While some provisions have proved popular, many have attracted criticism.

This post reviews the written evidence submissions to PACAC’s inquiry, focusing largely on the most controversial provisions: the introduction of photographic voter ID, changes to parliamentary scrutiny of the Electoral Commission, and reform of campaign spending rules. Before addressing those controversial aspects, however, I highlight sections of the bill that are generally welcomed.

Popular provisions

The bill proposes to abolish the current 15-year limit after which overseas electors become ineligible to vote. This has so far met very little opposition, and has strong support from groups representing British citizens living abroad. Several submissions (for example, from the Electoral Commission and Association of Electoral Administrators) do, however, draw attention to practical difficulties. And one submission, from Professor Justin Fisher, argues that the principled case for the change is not straightforward.

Meanwhile, no submissions oppose extending voting and candidacy rights to EU citizens through bilateral arrangements with individual member states. Most welcome changes to provision for voters with disabilities, though some identify what they see as flaws in certain elements of those measures.

The introduction of digital imprints is hailed as an overdue, necessary step to tackling the problem of misleading campaign material online. Most respondents writing on the topic argue that the provision is a good start, but that more is needed. Dr Sam Power comments that the provision should be accompanied by a renewed focus on citizen engagement and digital literacy campaigns. The Electoral Reform Society argues for a requirement that campaigners provide invoices on their digital spending, an open database for all political advertisements, and a code of practice on use of sensitive data. Multiple respondents warned about the rapid development of technology which means the legislation will require post-legislative scrutiny and frequent updates to avoid new loopholes developing.

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