Tag Archives: electoral commission

Electoral administration lessons from the AV referendum: the Electoral Commission’s view

Last week, the Electoral Commission published its report into the administration of the May’s AV referendum. Despite the high political temperatures during the campaign, the administration got little criticism at the time and so the report rightly reflects that. However, amongst the details are some important pointers to issues that are likely to come up at future elections.

10pm cut-off for voting

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Mark Williams MP writes: We can achieve an accurate and complete electoral register

The Government’s planned introduction of Individual Voter Registration was to be the subject of a special ‘opposition day’ debate in the House of Commons this week. Labour MPs are getting extremely excitable about the changes, shrouding what are really partisan fears in a cloak of concern about democracy. In the event, their debate was cancelled because of other urgent business, but the issue certainly isn’t going away.

For all of their recent hollering, legislation to introduce Individual Electoral Registration was actually passed by Labour in 2009. They accepted then that the present system of household registration is inadequate and inaccurate. It leads to entries being left on the register when they shouldn’t be there, and it disconnects most voters from the process by relying on a single ‘head of household’. It also undermines the compulsory nature of registration. Some Electoral Registration Officers say it is difficult to establish who is responsible for registering people in any given property, unless it is a single person household.

Individual registration should ensure everyone has to engage with the process, and return their own form. Since all parties recognise that this is a long overdue step in reducing electoral fraud, and the perception of it, it is a pity the Opposition are now making such hysterical statements about getting on with the job.

However, there are defects with the Government’s proposals. Their initial ‘white paper’ on reform suggested that electoral registration should in future be voluntary. There would remain an obligation on households – presumably with the same defects as now – to return a “Household Enquiry Form” asking who was there, but it would then be optional for each individual to register. Electoral Registration Officers would have no “stick” with which to encourage potential electors to put themselves on the electoral roll. his would have led to a less complete register, and the independent Electoral Commission said so in its response to the consultation.

Nick Clegg is clearly listening on this point, and has already said in the House of Commons that he is minded to change the proposals to reflect these concerns. The Parliamentary Policy Committee I co-chair has made a detailed submission to the consultation, highlighting the proposed ‘opt-out’ as a key flaw in the draft legislation. It looks like Liberal Democrat pressure may now succeed in getting it dropped. We would like to see a new legal obligation follow for individuals themselves to return their form, so everyone gets on to the electoral roll in future.

Electoral registration is about far more than the right to vote. It affects the functionality of the jury system, and the principle that people are tried by their peers. If only a select group chose to register (it might be disproportionately the white middle classes), you might find suspects tried not by their peers but by those whose economic and social position is generally considerably more advantageous.

Beyond the state, referencing agencies use the electoral roll as the basis for offering credit, without which many of the most vulnerable, low income households might not be able to spread the cost of the more expensive items – furniture, washing machines, and so on – that everyone has to buy at some point.

Removal of the “opt-out” is not the only safeguard we want to see put into the legislation on IER. To prevent any largescale drop off in the number of people who are registered, we want to see a full annual canvass carried out in 2014. There could and should be more opportunties for ‘hard-to-reach’ groups to be registered, as they encounter the state in other aspects of their lives, whether through schools and colleges or through the benefits system. There is clearly room for considerable improvement in registering service voters too, espeically since it is obviously easy to know who and where they are. And the Government also needs to look again at whether the first register based entirely on individual registration – due after the 2015 election – is the right one on which to predicate the next boundary review.

I am confident that a great many of these safeguards can and will be built into the new system. Labour MPs are simply wrong to say that there is some nefarious ploy at play here, and that the Liberal Party – responsible for extending the franchise in the first place – would conspire to exclude the poorest voters from the register. That would clearly be unacceptable, and no Liberal Democrat will stand by while it happens.

When we do secure changes to the legislation, it won’t be thanks to partisan rantings on the part of Labour MPs. They resisted the principled case for individual registration for a full six years after the Electoral Commission first recommended it in 2003, and now they want to slow it down even further. All because they seem to believe that Labour voters just won’t register. But with a compulsory system, and new avenues of access to the electoral roll, there is no reason to suppose we shouldn’t be able to ensure everyone keeps their vote.

Either way, if any political party approaches this issue with a view simply to protecting its own interests, rather than the broader democratic interest, ministers are unlikely to listen. Our Committee is meeting Mark Harper, the Minister ‘under’ Nick Clegg with responsibility for Political and Constitutional Reform, to discuss the Government’s white paper next week. Let us know if there is anything you’d like us to raise with him.

Together, we can achieve what Labour failed to put in place: an electoral register which is both accurate and complete. Doing that doesn’t require delay, it requires innovation and action, and there’s no reason not to start now.

Mark Williams is Co-Chair of the Liberal Democrat Political and Constitutional Reform Parliamentary Policy Committee, and MP for Ceredigion

Submission to Individual Electoral Registration (IER) Consultation From

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What’s the point of switching to individual electoral registration?

As some background to the current debates, I thought it useful to revive and update an old post of my on the subject as there has been relatively little coverage of the reasons why it has been supported by all parties (including Labour, who even talked up their achievement in introducing the first legislation for individual electoral registration before 2010, in their last general election manifesto).

The current electoral registration system is based on one registration form being delivered to each household, with the head of the household completing the form on behalf of everyone there and sending it back (“household …

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Individual electoral registration: consultation response

Here’s the response I’ve sent to the Electoral Registration Transformation Programme ([email protected]) in response to the consultation on the draft legislation for individual electoral registration, which closes on 14 October. For the background on the benefits of individual electoral registration, see What’s the point of switching to individual electoral registration?

Thank you for the opportunity to comment on the draft legislation which has been published to implement individual electoral registration in Great Britain. The publication of a full draft for public consultation is a very welcome improvement on the way …

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Performance standards for Returning Officers consultation opens

The Electoral Commission is currently consulting on its performance standards for Returning Officers in Great Britain. Here’s my response (with the full consultation document embedded below).

Dear Ross Clayton,

Thank you for the opportunity to comment on the draft Returning Officer performance standards.

As you rightly identify (p.6), one of the key principles for each election should be participation: “it should be straightforward for people to participate in our elections, whether campaigning or voting”.

However, the campaigning aspect of this is only partially followed up in the standards themselves. Performance Standard 2c covers some aspects of this, and the inclusion of informal nomination checking is particularly welcome. However, it misses out the timely provision of electoral register and absent voter data to candidates and agents. A common problem at the moment, for example, is for the final additions to the absent voter list before polling day to be provided to agents only several days later, which then leaves very little time for agents and candidates to make use of such data. Prompt provision of electoral register data and absent voter data is essential for the principle of straightforward participation to be meaningful. This could be met by adding a requirement to have target response times for dealing with requests for such data and recording the proportion of requests which were met within the target time.

In addition, the people aspect of the participation principle is not followed through in Performance Standard 2a, Polling Station set-up. This, rightly, requires Returning Officers to consider accessibility issues when choosing polling station locations. However, it does not require Returning Officers to consider the impact on turnout of the distances people have to travel to vote. There is growing evidence that the further people have to travel to vote, the lower turnout is (particularly outside of general elections); for example see https://www.libdemvoice.org/what-do-the-academics-say-more-polling-stations-can-raise-turnout-25200.html.

Performance Standard 2a would therefore better meet the underlying principles for the standards if it required Returning Officers to review turnout data and consider whether to make any changes to polling station numbers and locations.

Finally, on a slightly different point and given that 100% checking of postal voting identifiers is sometimes a cause of controversy, I would like to add my support to your proposed inclusion of this in the performance standards.

Yours,

Mark Pack
Former member, Electoral Commission Political Parties Panel and co-author, “The General Election Agents’ Manual”

Electoral Commission: Consultation on Performance Standards for Returning Officers

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Michael Brown and the Lib Dems: the bits the Telegraph missed out

Today’s Telegraph splashes with the story, Revealed: secret new life of fugitive Lib Dem donor, devoting its first three pages to the tale of Michael Brown’s new life on the run in a Caribbean hideout.

Michael Brown, as our readers will not need reminding, donated £2.4m to the party just before the 2005 general election. His subsequent arrest and conviction on several counts of fraud have been an embarrassment to the Lib Dems ever since.

The Telegraph’s story is, shock horror, a little partial, though. Take this paragraph: ‘The Liberal Democrats have steadfastly resisted all attempts to force them to repay …

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Chris Huhne cleared over election expense claims

As Mark Pack reported over on his blog, for the second time allegations over Chris Huhne’s election expenses that were strongly backed by Paul Staines and Harry Cole have collapsed after the Electoral Commission investigated them:

The review concluded that one item had been under-reported by £10.15 (sic) but that otherwise the expenditure in the short and long campaign had been properly recorded and declared.

Regularly readers may recall how stridently both of them attacked people who disagreed with their claims over Huhne’s election expenses (such as in this thread, which includes Paul Staines daring anyone to bet that Chris …

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Opinion: Why Wrexham Labour Party should be ashamed: The curious case of Aled Roberts

It’s estimated that well over 30% of the Welsh population speak Welsh as their first language – that is growing year on year. Hundreds of thousands more across the world speak it – even in a distant corner of Argentina – the valleys of a Patagonia. My partner from Rhosllanerchrugog and her family speak Welsh. They are fiercely proud of their heritage and would be absolutely disgusted with the treatment of Aled Roberts AM. It appears that they don’t speak Welsh at the Electoral Commission!

Now let me declare an interest, I don’t know Aled Roberts, I know his mum …

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Electoral Commission apologises for misleading Welsh candidate

WalesOnline reports:

THE Electoral Commission expressed its “regret” yesterday as it admitted providing the wrong information to one of the Liberal Democrat AMs disqualified from office …

Mr Roberts said he was given incorrect information by the Electoral Commission, whose official guidance for candidates said he could not stand if, at the time of the nomination, he held an office which was mentioned in the National Assembly for Wales (Disqualification) Order 2006.

The Order that the Electoral Commission referred to was not the most up-to-date, and did not include the Valuation Tribunal for Wales as one of the bodies. That was added

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Lib Dems outperform Labour on private donations, notes the FT

Good to see a bit of media recognition today which overtly acknowledges our now consistent out-performing of Labour on private fundraising efforts. The Financial Times reports:

Private and company donations to Labour have plummeted to a 10th of their pre-election average in the first six months of Ed Miliband’s leadership, according to research by the Financial Times.

Many former donors have turned their backs on the opposition party, leaving it increasingly reliant on unions, which provide the bulk of its private income.

Labour’s corporate and individual donations of £248,577 for the half-year to March were dwarfed even by those to the Liberal

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Legal action may bar council leader from office – and raise questions about the Electoral Commission’s lack of action

North West Leicestershire District Council leader Conservative Richard Blunt is facing High Court action from a defeated opponent over whether or not he was actually qualified to stand.

Blunt appears to have qualified to stand under the provision that he owned property in the area. However the wording of the law is unclear, talking about “occupying as owner” with the possible implication that therefore you also have to actually be living or otherwise have use of the property. In Blunt’s case, though, the property was rented out to others – leading the defeated independent candidate Colin Roberts to argue that …

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Electoral Commission rejects expenses complaint against Chris Huhne

The Electoral Commission earlier today rejected one of the complaints made over Chris Huhne’s election expenses. It was the complaint made by two former Liberal Democrat councillors who claimed the party had spent more than the legal limit.

However, as I pointed out at the time:

For somewhere such as Eastleigh with local elections on the same day as the general election last year, campaign activities could have had to count against the constituency expense limit (Chris Huhne’s), the council ward expense limits, the general election national expense limit and even – in a few cases – the law says that

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Don’t use AV to vote in today’s AV referendum

A quick note about the correct way to complete your ballot paper in the referendum today.

The Electoral Commission states:

You show your choice by putting a cross (X) in the ‘Yes’ or ‘No’ box on your ballot paper.

Put a cross in only one box or your vote will not be counted.

Obviously, this referendum is not being conducted under the Alternative Vote system, but I’ve heard some reports of people wanting to emphasise their awareness of AV by actually using it to vote today. Thinking a little self-reference won’t go amiss, some have suggested voting in order of preference, with a 1 for Yes and a 2 for No.

Don’t do it!

Papers bearing a vote for both answers will be rejected:

Electoral Commission guidance for invalid ballot papers

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The Independent View: Is it time to rethink postal voting?

Allegations emerged recently of voters in Rochdale being asked to hand postal ballots for the local elections to party representatives to complete and submit to the Returning Officer. A decade ago, this might have made the national news, but now such stories are probably too familiar to make the headlines.

While electoral fraud is not rife in the UK, the scale of the problem is almost impossible to estimate. One thing is for sure – the Rochdale case does not represent an isolated local difficulty.  Based on joint reporting by the Electoral Commission and the Association of Chief Police Officers …

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Electoral Commission says returning officers improving but doubts remain over the data

The elections watchdog, the Electoral Commission, has been mildly trumpeting the results of the latest survey of electoral registration work carried out across Great Britain by local councils.

The Electoral Commission’s news release says,

Electoral registration service improving but more work needed
Electoral registration services in Great Britain are improving ahead of the forthcoming elections and referendum on Thursday 5 May, but some can still do better, says a report by the Electoral Commission, the independent elections watchdog.

The Commission has published its annual assessment of performance by Electoral Registration Officers (EROs) across Great Britain. The report assesses how effectively EROs are delivering

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Electoral Commission launches TV advertising campaign

To coincide with the start of the delivery of its educational booklets, the Electoral Commission has also launched a TV advertising campaign to inform people about the referendum and elections being held in May. This is the first of two planned TV adverts:

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Electoral Commission imposes voting limits to avoid repeat of polling station queues

A limit on the maximum number of people eligible to vote at a polling station has been imposed by the Electoral Commission under the powers given to its Chief Executive, Jenny Watson, to run the AV referendum in May.

Under the law for referendums, Jenny Watson is the Chief Counting Officer and thereby able to issue instructions as to how the vote should be conducted around the country. Because the referendum is being held on the same day as other elections, many of those instructions in effect also apply to the other elections as well.

One of these is the instruction that …

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The booklets that will be going through letterboxes for the AV referendum

The Electoral Commission has just published copies of the booklets it will be distributing to every household in the UK as part of its public information campaign for May’s AV referendum.

In addition to the England, Scotland and Wales booklets below, there are also versions for Northern Ireland and in Welsh. Both of these, along with details of the research the Electoral Commission carried out in putting the booklets together, are on the Electoral Commission website.

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UNISON still hasn’t properly completed its general election expense return

We reported back in December how UNISON was facing a fine for breaking election law. The trade union had completely failed to submit details of their general election expenditure within the legal deadline.

UNISON has now submitted its spending declaration several months late, but in a quirky twist of the law has not yet been fined by the Electoral Commission – because its return is still missing the signature of the ‘responsible person’. Assuming UNISON manage to get the piece of paper finally signed before 5 May (six months after the 5 November deadline), the fine required by law is …

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Who gets a postal vote in the AV referendum?

Any voter can apply for a postal (or proxy) vote in the usual way for May’s elections, including the AV referendum. However, people who have previously applied for a permanent postal vote may also be entitled to one without having to re-apply.

There are three categories:

1. People who have a permanent postal vote for a UK Parliamentary election – they will get a referendum postal vote too.
2. People who have a permanent postal vote for a local election and are on the register for somewhere that is holding an election in May – they will get a referendum postal vote too …

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Review of London elections calls for changes in law ahead of 2012

The London Assembly has called for changes in the law ahead of the 2012 London Mayor and Assembly elections, following a review of the lessons from last year’s council and general election in London.

Two issues are likely to meet widespread support, namely the problems of voters being intimidated and people being left still queuing when polls closed at 10pm. Both issues were significant problems in specific parts of London last year.

The report says:

The difficulties identified include most significantly a number of instances where there were queues at polling stations and people were unable to vote. Our report highlights the confusion in applying the electoral law to enfranchise the voter that led in some instances to a breach of election rules. We therefore recommend a change in electoral law to prevent a repeat of the disenfranchisement of so many people in London and across England. Without a change in the law there will need to be new guidance to Returning Officers as to how they can better prepare to deal with any late surge of voters.

A further significant issue addressed in this report is how to stop the intimidation of voters that is taking place at some polling stations. Clear advice to polling staff and consistency in how that advice is acted upon is necessary to tackle this unacceptable behaviour.

City HallMore controversial is likely to be the report’s call for a repeal of the legislation introduced last year to ensure overnight counting of votes for the general election.

The bigger issue that was not covered by this review, by virtue of its rermit, is the mistakes that were made in counting votes at the last London elections. As I wrote at the time:

In the immediate aftermath of this May’s London Mayor and Assembly elections, it became clear that some mistakes had been made during the count. Some Mayor votes in Merton and Wandsworth were omitted from the count, and in addition the checking process was flawed as votes were reported from more wards than exist in London.

Both the Open Rights Group and the Electoral Commission identified further problems, with my summary of the Electoral Commission’s verdict still valid:

In other words, “the numbers don’t add up; we don’t know why; it might be bad, it might not be; but there wasn’t a proper audit trail so we’re all left clueless.”

Counting the votes correctly and having a proper system for checking that the results are right is by far the most important change that needs to happen for the 2012 elections.

Vote of confidence? Lessons Learned from the 2010 General and Local Elections

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National election expenditure dropped, as 3% of candidates broke law

The Electoral Commission has published its review of expenditure at the 2010 general election, finding that national spending by parties dropped sharply from its 2005 peak, though it was still above 2001 levels.

Total reported national campaign expenditure by all political parties (i.e. excluding expenditure recorded on candidate expense returns and excluding expenditure that does not count towards any limits*) across the United Kingdom was £31.5 million, just under £11 million lower than in 2005 but nearly £5 million higher than 2001. Nearly all of the fall is accounted for by a £9.9 million drop in the amount spent by Labour.

Electoral Commission logoNon-submission of election expense records by Parliamentary candidates continues to be a problem, with as late as January 2011 3% of candidates still not having submitted the returns the law required to be submitted last summer. No legal action has been taken against any candidate for these failures, although none was a candidate who finished first or second in a constituency. The Electoral Commission says it is “currently considering” how to tackle this issue in future, and points out that at the moment the only action that can be taken is referral to the police for a criminal investigation which, in its view, “can be a disproportionate reaction to administrative non-compliance”.

Total expenditure for the 2010 election by the main parties was:

  • Conservative: £16.7m (national), £9.8m (total by candidates) for a grand total of £26.5 million
  • Labour: £8.0m (national), £6.5m (total by candidates) for a grand total of £14.5 million
  • Liberal Democrats: £4.8m (national), £5.0m (total by candidates) for a grand total of £9.8 million

The Liberal Democrats were the only party to have a greater local than national spend, although the two numbers are not fully comparable given the different time periods and definitions for them.

* This exemption includes some surprising items, such as staff salaries, and was the cause of one of my favourite exchanges with the Electoral Commission during my time working for the party. It went something like this: ‘Just want to check I’ve understood both the law and your guidance correctly. We have a member of staff here whose job title is General Election Planning Manager. However, their salary does not count towards the General Election expense limit, is that right?’ ‘Yes.’

Electoral Commission Campaign Expenditure Report 2010 General Election

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Havering Council changes its rolling electoral registration policy, again

In the run-up to the general election, I wrote about Havering Council’s stated public policy of rejecting applications to join the electoral register from people if they were made on forms downloaded from the Electoral Commission’s own dedicated website. It was a policy that caused complaints from residents as well as raising questions about why a council would blanket reject applications from people using the Electoral Commission’s own nationally advertised website.

This policy arose from Havering Council’s reaction to a previous set of attempts to make false electoral register entries, which led it to decide that it would not accept …

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What the Welsh referendum is about: the official version

Here’s the official booklet from the Electoral Commission explaining what next month’s Welsh referendum is about and which is being sent to every household in Wales:

Posted in News and Wales | Also tagged | 9 Comments

E-voting: why it was abandoned in the UK

Back in the early years of this century, the UK was at the forefront of testing out e-voting for public elections. An extensive series of pilots were held and then … e-voting fell out of favour, because the pilots were not a success for a wide range of reasons. The issue still keeps on popping up, so having recently come across again what I wrote back in 2003 about those pilots, those lessons are worth restating. Here is what I wrote back in the summer of 2003. Luckily the last paragraph turned out to be wrong.

E-voting: triumph or disaster?

According to …

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What does the Zac Goldsmith case mean for election expense controls in future?

It’s always tempting to view the verdict of investigations through a partisan filter – if ‘your side’ does not get punished, it’s a great result by a wise team of investigators; if on the other hand it does get punished, it’s a muddle-headed verdict from dangerously ignorant investigators, whether that means the police, the courts or a regulator.

However, the case of Conservative MP Zac Goldsmith’s election expenses raises important issues which deserve a more careful consideration that the immediate partisan filter. Some are longer-term ones about how regulation of election expenditure is changing as the methods people use alter; others …

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Electoral Commission decides not to refer Zac Goldsmith’s expenses to the police

Yesterday the Electoral Commission decided not to refer Conservative MP Zac Goldsmith’s election expenses to the police for further investigation. Though this brings to an end official inquiries into whether Zac Goldsmith had kept within election law, the details of the Electoral Commission’s rulings leave several questions about Goldsmith’s expenses unanswered and also suggest that in future spending under the limit during the long campaign may be seen as a defence for breaking the short campaign limit.

As the Electoral Commission reports:

The Commission concluded that the total expenditure on the ‘short campaign period’ may have been under-reported by at least

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Marked registers lost, votes counted up wrongly – but Returning Officer judged to have met performance standards

My original headline was going to be “One-third of (Acting) Returning Officers assess their own performance wrongly”, but the more closely I look at the latest Returning Officer performance data from the Electoral Commission, the worse it looks.

A sample survey by the Electoral Commission of the performance self-assessment exercise by (Acting) Returning Officers found that 33 out of 100 had assessed their own performance wrongly. The findings, detailed in the Commission’s report on the latest performance standards (p.6-7), call into question how useful the assessment system really is.

But even worse than this headline figure, in Wolverhampton the Returning Officer …

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AV referendum: all households to be sent a booklet explaining the vote

Details of how the Electoral Commission proposes to administer next May’s referendum on the voting system (provided it passes Parliament) have emerged in a series of circulars issued by the Commission last week.

Electoral Commission logoSome of the details are likely to gain widespread welcome, including the extra anti-fraud step of requiring that 100% of postal votes are given extra security checks against original records (the law only requires a minimum of 20% and although many elections see 100% checking, not …

Posted in Election law and News | Also tagged and | 9 Comments

UNISON to be fined for failing to declare election expenditure

Yesterday the Electoral Commission published information about the campaign spending by UK political parties during the 2010 general election. Buried near the end of the release was this news:

Two third parties – ‘UNISON – The Public Service Union’ and ‘Searchlight Information Services Ltd’ – failed to submit their spending return on time. The Commission has issued Searchlight Information Services with a fine. The Commission will issue UNISON – The Public Service Union with a fine when they submit their return.

The overall figures showed spending down from its heights of 2005, with 43 parties spending just under £32m for 2010 …

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