European Parliament Elections 2014

1. European Parliament Elections 2014 Mark Heath

2. Background The European Parliament Elections (EPEs) are held every 5 years. Last EPEs - 4 June 2009. Next - 22nd May 2014 Results will be announced on Sunday 25 May, after voting has closed throughout the 28 member states at 9:00PM

3. There are 12 electoral regions in the UK Each has a Regional Returning Officer (RRO) MEPs are elected under a proportional representation system - the d’Hondt system There is a regional list system with seats allocated to parties in proportion to their share of the vote cast in that region. The UK will elect 73 MEPs in 2014

4. Law • European Parliamentary Elections Act 2002 • EPE Regulations 2004 (as amended by the European Parliamentary Elections (Amendment) Regulations 2013) – “the conduct regulations” • Reg 6 – Role of LRO / RRO and conduct of poll • Reg 7 – Power to appoint deputies

5. Reg 9: • Rules for conduct of election -Sched 1 • Powers of direction by RRO / duty to encourage participation(LRO and RRO) / power to correct clerical errors(RRO and LRO) • Power to correct errors(see later) • Duty to encourage participation(RRO/LRO)

6. Reg 15 - Payments to RRO / LRO(Reg 15A – withholding payments) • Reg 23 + - Election offences • Reg 67 + Schedule 8 – Use of schools and rooms for election meetings – note role of local authority • Sched 1 - Election Rules • Sched 2 – Absent Voting (postals, proxies etc) • Sched 3 – Modifications to Election Rules for combined polls

7. The RRO and the LRO RRO responsibilities • Overall management across their Region; • Publishing Notice and taking Nominations; • Receiving Agent appointments; • Determining form of ballot paper; • Receiving/collating verification figures; • Receiving local results; • Calculating result; • Publishing results.

8. LRO responsibilities • Publication of Notices, as directed by RRO; • Printing ballot papers; • Dealing with postal votes, proxies, etc.; • Conduct of the Poll in local counting area; • Issue of poll cards; • Verification; • Secure storage; • Local Count; • Publication of result locally, when approved by RRO.

10. Combination - Key Issues Local elections / Council Tax referendum / Neighbourhood Planning Referendum etc.; A lot more paperwork and procurement; Plan staffing for PV issues and return; Take care on combined issue for PVs; A much bigger task at verification; Different agents for Euro and local; Effectively two or more separate election projects with (significant) overlaps.

11. Not the servant of the Board, but ‘the servant of the Act’

12. Key Roles for Returning Officers To see that everyone who is eligible has the opportunity to vote; To ensure that eligible candidates who wish to are able to stand; To ensure that the choice of the electorate is implemented; and To maintain the integrity of the democratic system.

13. Personal requirements Understand the role and the function; Know what has to be done; Arrange resources; Demonstrate leadership; Plan for the unexpected (risk management); Be decisive.

14. The common factors when it has gone wrong… No proper project planning; No risk assessment and risk management; Lack of staff training; Ignoring the basics; Not following the law; Outsourcing without proper procurement and checking procedures. Basically –professional project management.

15. Key messages • Plan and manage all stages of the process; • Have a clear management chain and know your role within it; • If errors occur – don’t panic, but seize the initiative and act decisively; • Take legal advice where possible; • Record carefully what happened, action taken and why; • Stick to the law – shield and sword; • Remember the 4 key roles….

16. What we know….. • Who the designated RROs are; • Ballot paper colour (white); • The date of election – 22nd May 2014; • Conduct rules - European Parliamentary Elections (Amendment) Regulations 2013; • Indemnity, not insurance for EPEs; • Remember to check what you have in place locally for any other polls and check the excess

17. Job descriptions for RRO / LRO; Election timetable; New Performance Indicators from the Electoral Commission; There will be a Fees and Charges Order + guidance shortly…..

18. Candidates / Parties How many? Is there a printer capacity issue? If so, what is your contingency plan? Free mailings –Reg 63; “Celebrities”; RRO will have Comms arrangements – LRO?

19. Sweep To sweep, or not to sweep?

20. Power to correct procedural errors • EPE Regs 2004 - Reg 9(4A) ; • LRO / RRO “may take such steps as s/he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person”; • Relevant persons include ERO, PO, provider of goods or services, an appointed deputy; • Cannot cover recounting votes after declaration of ‘wrong’ result(Reg 9(4B)); • If used, check with RRO 1st (I would suggest)and keep notes of what you did and why…. A shield – not a sword.

21. Also – “Don’t Panic” The law assumes that the RO will run the election independently, and properly; On petition, the Courts will only interfere if the election was not run substantially in accordance with the law and the rules - AND any breach materially affected the result (Reg 9(5)).

22. A quick word about numbers… • The accuracy of the Count process is a key part of getting it right; • It starts with verification of the ballot boxes against the ballot paper accounts; • Verification figure is vital; • Accuracy is vital through to the counting of votes for each candidate or party; • If there are material discrepancies anywhere, that will lead to mistrust of the process, and of the result. • If it’s not right, it’s wrong!

23. Fraud: cause for concern Registration; Postal Votes; Proxies; Undue pressure; Bribery. Electoral Commission Report – January 2014 - Electoral fraud in the UK

24. Fraud – what to do? Every force should have a single point of contact on electoral issues; Know your SPOC; Record all details, so there is a prime record; Pass it to the Police.