To outline and consider the recent problems arising from the elections and prepare

an action plan, designed to improve the service and process based on the lessons

learnt from previous elections.

The Committee considered a report by the Head of Legal and Democratic Services arising from the May 2007 elections and an action plan designed to improve the service and process based on lessons learned.

The Head of Legal and Democratic Services (HOLD) presented the report.  He informed the Committee that any challenge to the procedural conduct of an election had to be by way of an electoral petition.  A petition had to be lodged within 21 days from the day the election was held.  No such petitions had been lodged and the May 2007 elections must therefore be considered good elections in accordance with the relevant legislation.  However, a number of issues had arisen. 

He commented on the issues point by point as described in the report.  He also referred to the action plan appended to the report which was designed to improve the electoral registration service, addressing the issues that had arisen in the May 2007 elections.

He added that the Electoral Commission had agreed that the late introduction of significant legislation in an election year had not been appropriate.  A paper from the Commission (Electoral administration in the United Kingdom – the Electoral Commission’s assessment) published in December 2007 was also appended to the report.  He noted that this indicated that electoral registration in its current structure was at “breaking point” and that there should be: “a “no change” period of at least one year until after May 2008 to help embed recent changes and give those who run our electoral processes a chance to ensure that proper resources are devoted to planning and managing the new procedures.”

The Commission was due to report to the Government in the summer of 2008 with recommendations.  It was expected that significant additional resources would be required for the electoral registration process.

In conclusion he praised the electoral registration services team, the support from Legal and Democratic Services together with Corporate and Customer Services and all election staff for their efforts in what had been very difficult circumstances.

In the ensuing discussion the following principal points were made:

·         That the elections in May 2007 had been described as a shambles and had placed stress on all those participating in the election.  Whilst a large proportion of the difficulties could be attributed to the legislative changes that had been introduced, it was essential that substantial improvements were made to avoid the problems that had been experienced reoccurring. 

      The HOLD said that difficulties had been experienced across the whole Country.  He commented on the efforts that had been made to deal with the problems that had arisen, noting in particular the difficulties relating to postal votes.

·         Referring to problems in calling candidates to their count it was proposed that action should be taken to ensure that the public address system used on election nights functioned effectively.

·         That it had to be recognised that the difficulties with postal votes meant that some people had been unable to vote.  This was unacceptable to the Head of Legal and Democratic Services as it was everyone’s right to vote.  Contingencies had been put in place which whilst not ideal did allow for as many of the electorate as possible to register their vote.

·         That further consideration should be given to whether the count should be held on the day following the elections, given the pressure caused by the length of time it took to conduct the count.

·         The HOLD noted that the Electoral Commission was developing a set of performance indicators for Returning Officers and that this might be of future interest to the Committee.

·         The report was welcomed for clearly and comprehensively setting out the issues.

·         That it was important that the action plan addressed the workload demands that had been placed on the electoral registration service staff.

·         That the review of polling stations needed to be conducted sensitively having regard to the potential effect on the perception of the democratic process that reducing the number of polling stations might have.

·         The contribution Town and Parish Councils were required to make to the cost of their elections was discussed including whether the cost should be borne by all councils, whether holding elections or not, or borne in their entirety by Herefordshire Council.  The Director of Resources commented that any change to the present arrangements was not accounted for in the budget proposals.  Members noted that if a change to the current arrangements were to be agreed this might need time to implement, recognising the budgetary implications.  It was proposed that the issue of whether contributions to the costs of elections should be shared with Parish Councils holding elections or instead met in full by the Council should be revisited.

·         If Parish Councils were to meet the costs of their elections it was important that they were notified in a timely manner.  It was stated in reply that a preliminary invoice for the 2007 elections was to be issued imminently to all affected Parish Councils by letter.

·         That the effort made by staff to seek to overcome the difficulties encountered should be acknowledged.

·         The action plan was welcomed.

·         A Member suggested that the Council should organise an annual conference with Town and Parish Councils to resolve issues.  It was noted that to an extent the relationship with Herefordshire Association of Local Councils (HALC) was intended to fulfil this purpose, whilst acknowledging that not all Councils were members of HALC.

·         Clarification was sought of the implications of the statement that some ballot papers for the District Council election had been discovered during the parish council count and could not therefore be counted in the District Council election, the results having been declared at the District Count the night before.  The HOLD said that this had amounted to some 12 votes and had not had a bearing on the result in the ward affected,

·         The issue of verification of the number of ballot papers was also discussed.  The HOLD advised that it was for the Returning Officer to resolve such issues with the candidates. 

·         The need for training to ensure problems were not repeated was emphasised.  The Director of Corporate and Customer Services said that the action plan was intended to address resourcing issues.

·         The unavailability of refreshments as the Count had run on was also raised.  No licence extension had been sought at the venue and future consideration would be given to this matter with HALO Ltd.

·         In response to further criticism of the process the HOLD stated that he considered that due process had been followed.  Ultimately it was open to individuals if they were dissatisfied to seek legal redress.  No action had been lodged against the Council.

·         It was noted that it was proposed that the HOLD would present a further report to the Committee on conclusion of legal issues with the supplier contracted to deliver aspects of the election.  It was requested that a representative from the Electoral Commission should be invited to attend the meeting at which this further report was presented.

The HOLD also reported that two written questions had been received and said that written answers would be sent in reply.

RESOLVED

That    (a)        the elections action plan 2007 –2008 be welcomed, noted and received;

(b)         the issue of whether contributions to the costs of elections should be shared with Parish Councils holding elections or instead met in full be Herefordshire Council should be revisited;

(c)         action should be taken to ensure that the public address system used on election nights functions effectively;

            (d)       further consideration be given to whether the count should be held on the day following the elections;

            (e)       the Committee’s recognition of the considerable efforts made by staff to deliver the elections be recorded;

            (f)        a further report from the Head of Legal and Democratic Services be made to the Committee on conclusion of legal issues with the supplier contracted to deliver aspects of the election;

                        and

(h)       a representative from the Electoral Commission should be invited to attend the meeting at which the further report from the Head of Legal and Democratic Services was presented.