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The new voting system for mayors and PCCs: how it affects democracy

By Rowan Hall, on 24 May 2024

This month’s elections for mayors and police and crime commissioners were contested under a revised voting system. In a post published yesterday, Alan Renwick found that this change had a substantial impact on the results, to the benefit of the Conservatives. Here, he concludes that it also harmed democracy. 

Elections of mayors and police and crime commissioners (PCCs) were previously held under the Supplementary Vote (SV) system, where each voter could express first and second preferences. Now they take place using First Past the Post (FPTP), where there is a vote for a single candidate. The previous post in this series showed that this change produced a marked shift in the outcome of the elections held earlier this month, and that it did so entirely to the benefit of the Conservatives.  

That a change in the rules should favour those in power who instigated it is already cause for concern: democracy requires a level playing field. But ministers might defend the reform on the basis that the new system is superior on democratic grounds to its predecessor and that it was introduced fairly. Both of these claims therefore require interrogation. How do the two systems compare in terms of democratic quality? And was the process through which the change in voting system came about appropriate?  

Which voting system is more democratic? 

As I outlined in a blogpost published when the bill changing the voting system was before parliament in 2021, ministers argued that FPTP is the more democratic system: SV, they said, allows losing candidates – those coming second in terms of first preferences – to win. But this argument is circular: it works only if we have already accepted the FPTP definitions of ‘winner’ and ‘loser’.  

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The new voting system for mayors and PCCs: how it changed the results

By Rowan Hall, on 23 May 2024

This month’s elections for mayors and police and crime commissioners were contested under a revised voting system. In the first of a two-part blogpost, Alan Renwick examines how the shift affected the results. He finds that the impact was substantial, and that it specifically benefited the Conservatives. 

The elections held earlier this month for mayors and police and crime commissioners (PCCs) took place under a revised voting system. The Elections Act 2022 abolished the previous Supplementary Vote (SV) system, under which voters could express first and second preferences, in favour of straightforward First Past the Post (FPTP). The changed rules were applied in four local mayoral elections last year. But this year’s local elections offered the new system its first large-scale outing: every part of England and Wales had either mayoral or PCC elections; a few had both. 

So how did the new system fare? Did it affect the results? If so, whom did it benefit? This post endeavours to answer these questions, while a second part, which will be published tomorrow, will examine how the change affected the democratic quality of the elections in the round. 

How the change affected the results 

Ten combined authority mayoral elections and 37 PCC elections took place on 2 May. Under the new FPTP rules, Labour won nine of the mayoral contests, while the Conservatives won one. In the PCC contests, the Conservatives won 19, Labour 17, and Plaid Cymru one.  

We cannot be sure what the results would have been had the former SV system still been in place, but we can make estimates grounded in evidence. To do so, it is easiest to break the contests down into three groups. 

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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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Monitor 79: Is this what democratic backsliding feels like? Constitutional developments under the Johnson government.

By Rowan Hall, on 10 November 2021

The latest edition of Monitorthe Unit’s regular news update on constitutional issues, was published today. The Brexit vote happened more than five years ago, but many of the the worrying constitutional trends that characterised the years that immediately followed the referendum remain a part of public life. Here, in the lead article from Monitor 79, Unit Director Meg Russell and Deputy Director Alan Renwick express serious concerns about a repeated lack of parliamentary scrutiny, proposed changes to the way elections are overseen and conducted, standards in public life, the proper role of government, and the effect of all four on the perception of our public servants.

Each new issue of Monitor for the last three years has reported on torrid developments in UK constitutional politics. Brexit, the 2019 general election and COVID-19 all raised new and difficult questions about democratic governance and the balance of power between our institutions. As the political dominance of the pandemic fades, and matters tentatively approach something closer to ‘normal’, constitutional controversy nonetheless remains centre stage.

A major question raised in the previous Monitor, and bubbling for some time before that, is whether the UK is witnessing a kind of ‘democratic backsliding’, whereby elected politicians gradually dismantle the checks and balances that constrain their power. The UK government’s legislative programme, and its wider activities as reported in this issue, have done little to soothe those fears. A valuable new online tracker, launched in October by the Public Law Project, allows for systematic exploration of constitutional developments throughout the period of the Johnson government. 

The action that achieved greatest cut-through was the government’s extraordinarily ill-judged attempt to change how allegations of misconduct against MPs are dealt with, in response to dissatisfaction with the outcome of a given case – that of Conservative former cabinet minister Owen Paterson. The mechanism proposed for the review – a Commons committee with a government majority – was also entirely inappropriate. The ensuing controversy was still raging as Monitor went to press.

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Reforming the mayoral voting system: do ministers’ arguments stack up?

By Rowan Hall, on 29 October 2021

This week, the Elections Bill was amended to replace the Supplementary Vote (SV) system used for electing mayors and police and crime commissioners (PCCs) in England and Wales with First Past the Post (FPTP). But, as Alan Renwick and Alejandro Castillo-Powell argue, the arguments put forth by ministers are not as convincing as they might at first appear.

Ministers plan to replace the Supplementary Vote (SV) system used for electing mayors and police and crime commissioners (PCCs) in England and Wales with First Past the Post (FPTP). The most detailed explanation for the change given so far appeared in a press release last month, which gave five arguments for the switch: (1) SV increases the number of spoilt ballots; (2) it allows ‘loser’ candidates to win; (3) FPTP improves accountability by ‘making it easier for voters to express a clear choice’; (4) FPTP ‘is the world’s most widely used electoral system’; and (5) SV is ‘an anomaly’ and ‘out of step with other elections in England’. In the written statement that first trailed the proposals, Home Secretary Priti Patel also said (6) that the change ‘reflects that transferable voting systems were rejected by the British people in the 2011 nationwide referendum’. Some of these arguments were repeated, though in less detail, when the matter was considered at the Committee Stage of the Commons bill’s scrutiny earlier this week.

This post assesses the government’s claims in turn. Some have merit, but important counterarguments are ignored. Voting systems should be treated with care: it is all too easy for those in power to manipulate them to their own advantage. Ministers have not adequately made the case that the change will be good for democracy.

1. Does Supplementary Vote lead to more spoilt ballots

Elections using SV in the UK typically see higher numbers of spoilt ballots than do those using FPTP. Electoral Commission data shows that 0.8% of ballots cast in local council elections in May – under FPTP – were rejected. That compares to over 2% in most elections under SV. In PCC elections, they stood at 2.9% this year, down from 3.4% in 2016. In London mayoral elections, they have ranged between 1.8% in 2012 and 4.3% this year. They have generally been around 2% in other combined authority mayoral elections, peaking at 2.2% in 2018.

That SV elections show higher rates of rejected ballots does not mean that SV itself is necessarily the culprit. The jump in such ballots in this year’s London mayoral election points to another factor: ballot paper design. The Electoral Commission notes the use in that contest of a new, untested design, split over two columns because of the large number of candidates, which voters described as ‘being confusing/complex’. Poor design similarly led to more spoilt ballots in the 2007 Scottish local and parliamentary elections. Another factor may be deliberate spoiling of ballot papers: the Electoral Commission noted anecdotal evidence of this in the 2012 PCC elections.

So SV elections do see more spoilt ballots than FPTP elections, but improved ballot paper design – and clearer guidance for voters – might ameliorate the problem.

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