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CHAPTER 4 LOCAL GOVERNMENT ELECTIONS

4.1 Legislation

• Electoral legislation should be consolidated in order to reduce the current fragmentation
• Electoral legislation cannot be applied to any election held within six months of the new provision coming into force

4.1.1 The Scottish Government recognise the need for the consolidation of electoral legislation. It is clear that current legislation (described by Gould as 'fragmented' and 'antiquated') is not fit for purpose and will lead to problems occurring at future elections if action is not taken.

4.1.2 In Scotland, electoral legislation is particularly complex because of the split in responsibilities between the UK Government and the Scottish Government. Recent electoral reforms have added more to the legislative landscape. As discussed above, transferring jurisdiction for the Scottish Parliament elections to Scotland would go a long way to addressing the issue of fragmentation as it would allow Scotland to streamline and consolidate the legislation and election practice for both Parliamentary and local elections.

4.1.3 The Scottish Government will examine the existing legislation and the scope for consolidation both within current legislative competence, and with extended competence, to produce a timetable for consolidation of both primary and secondary legislation relating to elections.

4.1.4 The Gould Report recommends that electoral legislation should not apply to any election held within six months of the new provision coming into force. The Scottish Government accepts that late policy development and legislation for last May's elections led to a number of uncertainties for both electoral practitioners and the electorate. The application of a cut-off date for the introduction of new electoral legislation would be of great benefit and would allow electoral practitioners to plan the delivery of elections effectively without the fear of late amendments to procedure. The voter information campaign could also be run more effectively in the knowledge that no amendments to legislation or procedures would be made in the run up to the elections. The Scottish Government will ensure that any future legislation relating to elections is on the statute books at least six months ahead of the date of elections and that any legislation brought in within that six month window does not apply until after the date of the election.

4.2 Roles, Relationships and Accountability

• Establish a Chief Returning Officer (CRO) for Scotland and consider the structure of this role in relation to the current set-up
• Professionalise the role of the Returning Officer

4.2.1 The appointment of a CRO for Scotland is one of the most significant recommendations in the Gould Report and has implications for several other proposals in the report. Ideally the CRO's jurisdiction would extend over the Parliamentary and local government elections, as Gould envisaged, however this would require agreement from the UK Government.

4.2.2 Gould recommends a number of functions that might be carried out by the CRO, including responsibility for issuing directions, coordinating and overseeing all aspects of the electoral processes where consistency or centralisation of Returning Officer responsibilities arise (particularly e-counting and ballot paper adjudication), and responsibility for public information campaigns.

4.2.3 The response to the Gould report of the key stakeholders with responsibility for running elections - SOLACE, SOLAR and AEA - reflected divided opinion on the creation of a CRO. They indicated that, for the CRO post to be worthwhile, it must be for all elections in Scotland, not just the local government elections. Whatever the scope of the post, they believe that more discussion and debate is required.

4.2.4 The role of the CRO must be carefully considered in relation to all electoral functions, processes and stakeholders. The Scottish Government agrees with SOLACE, SOLAR and AEA that this needs further thought and discussion. There are examples in Northern Ireland and Canada of creating posts similar to the CRO described by Gould and the Government can learn from their experiences. The Scottish Government will therefore explore options for a CRO further. The Scottish Government will work closely with stakeholders, including the UK Government, with a view to publishing a detailed consultation paper on the creation of a CRO for Scotland later this year.

4.2.5 The role and professionalisation of Returning Officers will be reviewed in the context of the CRO post and the responsibilities that are assumed by the CRO.

4.3 Planning and Timing

• The Elections Steering Group be strengthened under the chairmanship of the proposed CRO and made responsible for election planning, timetables and contingency planning

4.3.1 The Elections Steering Group played a vital role in the run up to the elections last May. The Scottish Government therefore welcomes this recommendation and has reconvened the Elections Steering Group with a view to discussing the wider implications of the Gould Report, as well as how best to take forward specific recommendations.

4.3.2 Gould recommends that the proposed CRO chair the Elections Steering Group. This recommendation can be considered in the wider context of the CRO post after further discussion and consultation has taken place with electoral stakeholders. In the meantime, the Group will be chaired by a SOLACE representative supported by the Scottish Government.

4.4 Combined Elections

• The Scottish Parliamentary elections and local government elections should be decoupled, preferably by a period of about two years

4.4.1 The Gould Report states that holding combined elections are a disservice to local councils, candidates and the electorate as the Parliamentary campaign overshadows the local government campaign leading to less focus on local issues. ¹⁶ The report recommends that the Scottish Parliamentary elections and the local government elections be decoupled.

4.4.2 Other recent studies into combined elections have also concluded that decoupling would be in the best interests of the voter. The McIntosh Commission Report (1999) ¹⁷ stated that although combined elections might produce a higher turnout, it also leads to local elections tending always to be overshadowed by Parliamentary elections, local elections being dominated by national issues. This view was reinforced by the findings of the Kerley Commission, the Renewing Local Democracy Working Group (1999/2000) ¹⁸ and the Arbuthnott Commission Report (2006). ¹⁹

4.4.3 The Convention of Scottish Local Authorities (COSLA) also support a move to decouple the two sets of elections, with a preference for extending the current local government term by one year and holding the next local government elections in 2012. ²⁰

4.4.4 During the debate on the Gould Report in the Scottish Parliament (10 January 2008) there was majority support across the Parliament in favour of decoupling the elections. ²¹

4.4.5 The Scottish Government will now take steps to implement the decoupling of the Parliamentary and local elections and ensure that the necessary legislation is in place well in advance of the next scheduled election. A consultation paper on decoupling these elections is being published and is at Annex A to this paper. The purpose of this consultation is to establish views on the issues surrounding decoupling as well as on the most suitable date for the next set of local government elections. The Scottish Government aims to conclude this consultation with a view to bringing forward legislation in 2009.

4.4.6 The consultation paper highlights the potential issue of a fall in voter turnout as a result of decoupling the elections. The Scottish Government is committed to exploring methods to increase turnout for the local government elections, including the exploration of advanced forms of voting as recommended by the Gould Report.

4.5 Ballot papers and voting issues

• The strengthened Elections Steering Group, working closely with Returning Officers, examine a number of options (to be put forward by the Chief Returning Officer) related to the ballot papers used for the Scottish parliamentary and local government elections
• Institute a more extensive ballot paper research and testing programme
• A public lottery might be held to determine candidates position on the local government ballot paper

Ballot Paper Design

4.5.1 The Scottish Government believes it is paramount that decisions regarding the format and structure of the ballot paper should be made with the voter as the principal consideration and the Scottish Government will ensure that voters have a simple and easy to use ballot paper for future local government elections.

4.5.2 The Gould review identified that only 1.83% of ballot papers for the local government elections were rejected, and compares this favourably with other elections using STV. The report stated that:

The problem of rejected ballot papers in the 2007 Scottish local government elections is less of a concern than in the parliamentary elections. ²²

4.5.3 However, the Scottish Government will continue to work on this issue and improve voter understanding and awareness of the STV voting system. The Electoral Commission has announced proposals to develop a plan for a set of UK-wide standards on the accessibility, design and usability of ballot papers and associated stationery by
30 September 2008. The Scottish Government aims to work with the Commission on this study, before deciding whether to commission further research specifically into ballot paper design for Scottish local government elections.

4.5.4 The Royal National Institute for the Blind - Make It Count election report recommends that organisations representing people with visual impairment are involved in the ballot paper design process. The Scottish Government agrees strongly with this recommendation and will involve these organisations at every stage of the design process.

4.5.5 The Gould Report recommends that the proposed CRO be involved in the design of future ballot papers and this recommendation will be considered in the wider context of consultation on the CRO post.

Ballot paper position

4.5.6 Research carried out by Bochel & Denver (2007) ²³ indicated that candidates higher up on the local government ballot paper are advantaged over other candidates of the same party lower down the paper (when 2 or more candidates from the same party are standing). This research must be balanced against the traditional use of alphabetic listing that many voters use automatically to locate their preferred candidate on the ballot paper.

4.5.7 The Gould Report recommends that a public lottery might be held to determine a candidate's position on the ballot paper. This would allow equal opportunity for each candidate to be placed at the top, or other advantageous position, on the ballot paper (instead of the present method of listing candidates alphabetically). Gould also suggests that the candidates might be grouped by party, where there is more than one candidate from the same party, with the party group position being determined by a lottery.

4.5.8 The Electoral Commission, SOLACE, SOLAR and AEA support the exploration of a lottery system for assigning position on the ballot paper. However, they believe this should be done on a UK basis rather than solely for the Scottish local government elections.

4.5.9 The Scottish Government will examine the various options for ballot paper positioning in more detail and consult widely with electoral stakeholders. This will form part of a wide ranging consultation on a number of operational issues to do with elections that the Scottish Government will launch in 2009. The outcome of this consultation will inform drafting of the Scottish Local Elections Order that sets out the rules for conduct of elections to local government. The Scottish Government will ensure that all options are rigorously tested to ensure that the ballot paper design is fair and focussed on the needs of the voter.

4.6 Postal ballot papers and packs

• Legislation be amended to provide for the close of nominations on the 23rd day before polling day, rather than the 16th day
• Explore alternative voting methods that complement postal voting

4.6.1 It was widely accepted that problems occurred at the last elections as a result of the short period of time between the close of nominations and polling day. Due to the substantial increase in the use of postal voting at recent elections the 16 days between the close of nominations and polling day put excessive strain on postal voting. Introduction of personal identifiers for postal and absent voting would also put further strain on the system. The move to a 23 day period should allow enough time for the printing, distribution and return of postal ballot papers. The Scottish Government plan to consult widely with electoral stakeholders on this issue to establish a timetable that equally balances the requirement for electors to acquire their postal votes and the time needed for the effective production and delivery of the postal voting service.

4.6.2 The Gould Report recommends that consideration be given to forms of advanced voting strategies, such as voting in the office of the Returning Officer prior to polling day or holding one or more advance polls in a convenient location in each constituency on one or more days prior to polling day. The Scottish Government will examine in partnership with stakeholders ways to take this recommendation forward, including learning from other countries who have piloted such approaches.

4.7 Ballot boxes, security and secrecy

• Examine methods of maintaining the secrecy of voter's ballot papers when transporting from the voting booth to the ballot box

4.7.1 At the May 2007 elections, the introduction of electronic counting led to a decision that ballot papers should not be folded before placing them in the ballot box. An unintended consequence of this was concern from some voters regarding the secrecy of the ballot paper when travelling from the voting booth to the ballot box.

4.7.2 The decision not to fold ballot papers was a consequence of the use of electronic counting equipment. There was a risk that the e-counting character recognition system would pick up the creases from folded ballot papers and send them for manual adjudication, therefore potentially increasing the number of adjudicated papers and slowing the count process. Folded ballot papers would also have to be unfolded by elections staff before feeding them into the count machines, which would build in a time delay and manpower requirement.

4.7.3 However, the Scottish Government recognises the valid concerns raised about the secrecy of the ballot, which must remain a primary consideration. The Scottish Government will work closely with electoral administrators to ensure a suitable solution to this problem is implemented, which ensures the secrecy of the ballot is maintained.

4.8 Public Information

• The Proposed CRO take responsibility for the co-ordination of the Scotland-wide and polling station information campaigns, including the training of Information Officers

4.8.1 The public information campaign for the 2007 elections was carried out jointly by the Scottish Government and the Electoral Commission. The aim of the campaign was to raise general awareness of the Parliamentary and local government elections, to motivate the electors to register and vote, and to provide information about the different voting systems being used at the elections in a simple and easy to understand way.

4.8.2 Overall, the Scottish Government commissioned research carried out post election suggests that the VoteScotland campaign was generally effective in meeting the majority of its objectives. ²⁴ The Electoral Commission also commissioned an evaluation of the VoteScotland campaign for Gould which is presented as Appendix C of the Report. ²⁵

4.8.3 The Gould Report recommends that a number of steps be taken to ensure that future public information campaigns are effective and reach as many voters as possible. The Scottish Government welcomes these recommendations, and the analysis of the effectiveness of the VoteScotland campaign and will take them into consideration when planning future public awareness campaigns.

4.8.4 The Gould Report recommends that the proposed CRO co-ordinates future public information campaigns. The Scottish Government will consider this recommendation in the wider context of the roles and responsibilities of the CRO post.

4.8.5 Anecdotal evidence suggests that the performance of Information Officers differed across each area and Gould recommends that Information Officers receive standardised training across Scotland. Standardised training would allow consistency of performance to ensure all Information Officers in polling places are proactive in helping voters cast a valid vote. The Scottish Government believes that Information Officers play a vital role on polling day and will continue to encourage their use for local government elections.

4.9 The Count

• Consider alternatives to overnight counting including commencing the count the next day, reduce polling hours, early opening of postal ballot papers or change to weekend polling

4.9.1 The Gould Report recommends a move away from the traditional overnight count and suggests that the count could commence the next day, with necessary preparatory action carried out by a fresh team at the close of poll.

4.9.2 Under current legislation the commencement of the count is at the discretion of each individual Returning Officer. The Scottish Government is aware that the strong preference of Returning Officers is to commence the count the next day, a view supported by the Electoral Commission in their response to the Gould Report.

4.9.3 The Scottish Government agrees that the accuracy of the count is of utmost importance. Therefore, the Scottish Government plans to consult further on this recommendation with a view to taking this forward in legislation.

4.10 Electronic counting and counting procedures

• Ensure that electronic counting technology is properly integrated into electoral legislation and processes with the proposed CRO examining this at an operational level
• Electronic counting should continue to be used for future combined parliamentary and local government elections or local government elections only should they be held on a different day
• All doubtful ballot papers should be adjudicated by Returning Officer's Staff with no auto adjudication. Proposed CRO to issue doubtful ballot paper guidance to ensure consistency across Scotland

4.10.1 The Gould Report recommends that electronic counting continue only for local government elections. The process of manually counting the Scottish Parliamentary election is relatively straightforward and can be completed within the desired timeframes. However, due to the complex nature of the STV voting system for the local government elections, it would not be realistic to consider a manual count for a full election.

4.10.2 In their response to the Gould Report the Electoral Commission has recommended a moratorium be placed on e-counting until further research and testing is carried out.

4.10.3 It is clear that some unforeseen technical issues were experienced on election night and these led to delays in the declaration of some results. However the electronic counting system performed well at the majority of counts and at no time was the accuracy of the ecounted result called into question.

4.10.4 Using the lessons learned from the May 2007 elections and a more stringent design, testing and project management approach to the e-counting project, the Scottish Government believes that electronic counting can successfully and reliably be used at future local government elections in Scotland. Therefore the Scottish Government will continue to encourage the use of electronic counting for the next local government elections. The Scottish Government does not believe that e-counting is necessary for smaller scale local government by-elections, and because of further problems experienced at a recent electronically counted by-election, recommends that manual counting is used as the base case for these contests. However electronic counting could be used in parallel to help establish confidence in the system.

4.10.6 At the May 2007 elections completely blank ballot papers were not referred to the Returning Officer for adjudication. This decision was made by the E-counting User Group in an attempt to minimise the workload on Returning Officers on election night. Given the events of election night, and the number of rejected ballot papers, the Scottish Government believes that to ensure transparency of the e-counting system, no ballot papers should be automatically adjudicated at future elections.

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