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Post Polling Day Logistics & Procedures

Post Polling Day Logistics & Procedures. John Turner Chief Executive, AEA. Adjudication of disputed counts. At the count The British system Election petitions The process to be followed The hearing of the dispute Possible outcomes and sanctions Effect of criminal actions.

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Post Polling Day Logistics & Procedures

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  1. Post Polling Day Logistics & Procedures John Turner Chief Executive, AEA

  2. Adjudication of disputed counts • At the count • The British system • Election petitions • The process to be followed • The hearing of the dispute • Possible outcomes and sanctions • Effect of criminal actions

  3. Avoiding a petition (1) Proper planning Use project/risk management techniques Get the basics right Leave nothing to chance Check, check and check again AEA 3

  4. Avoiding a petition (2) • Take care with outsourcing • Ensure proper communications • Watch the fault lines: • Nominations • Postal votes • Polling day • The Count AEA 4

  5. Take adequate precautions Know the legal specialists Check your insurance policy If it goes wrong, tell the insurers Document everything Do not attempt cover up AEA 5

  6. Where not to be Fending off media enquiries Facing an election petition Facing a vote of confidence from your Council Being the subject of a review or investigation AEA 6

  7. How not to get there Attention to detail Taking personal interest and responsibility Compliance with the law Following good practice guidance Undertaking a health check of your present arrangements AEA 7

  8. Problems – time for a change • System is antiquated – not suited to modern elections environment • ACE Network statement • AEA view on the need for a change • Accountability • Scope of present system • Delays in resolution • Appropriate and/or Proportionate

  9. The Way Forward • A first level complaints system • Characteristics of the system • Time limited • Penalties for vexatious/frivolous complaints • Proportionate and appropriate outcomes • Appeals process • Mechanism for referral to the Courts • Suitable powers for the Court • Establishment of lower level court

  10. AEA Formal Recommendation • “The UK Government should design and implement a clearer and local system of accountability and challenge through the introduction in election law of a formal complaints system. This should establish a court of first resort to deal with complaints arising from the conduct of elections.”

  11. Other sources of information • OSCE • Resolving Election Disputes in the OSCE Area: Towards a Standard ElectionDispute Monitoring System • ACE Network • http://www.aceproject.org/main/english/ei • IFES - Election Disputes • http://www.ifes.org/Content/Topics/Election-Disputes.aspx

  12. Questions?

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