IV. THE POLITICAL PRESENCE AT THE POLLING PLACE

OBJECTIVE:

·  To end the intimidatory and obstructive practices of some political agents at the polling place, whilst recognising the useful contribution of the majority to the conduct of elections.

ACTION:

·  The maintenance of order at the polling place through the application of existing police powers

TIMING:

·  On-going

Background

  27.  Although the administration of elections is the preserve of the Electoral Office, the political parties maintain a heavy presence on polling day. Outside the polling place, party workers continue their electioneering and collect the polling numbers of voters as they enter or leave the building. Inside, politically-appointed polling agents surround the presiding officer and other electoral officials, bearing the responsibility for identifying cases of personation. The candidates and their election agents are also permitted to attend the poll.

  28.  On the one hand, this political presence is justifiable and useful. The parties have an understandable interest in rallying support for their cause outside the polling place. Moreover, polling agents also serve an important function at the polling station. Their local knowledge enables them to identify attempted personation (which is especially important as the Electoral Office increasingly seeks to place non-local presiding officers at polling stations). They also serve as witnesses to the activities at the polling station, and in difficult areas they offer a degree of moral support to the electoral officials in their occasionally difficult task. Without polling agents, the electoral staff would be at risk of intimidation from voters themselves.

  29.  However, in some areas the political presence around the polling place is also acknowledged to be a potential threat to the free exercise of the franchise. Large numbers of party supporters, with accompanying vehicles, placards and banners, can intimidate voters. Entry to the polling place may even be blocked. Although the secrecy of the ballot box is not known ever to have been compromised, the voter may decide that the discomfort of getting inside the polling place may be too great to make the effort worthwhile.

  30.  Meanwhile, inside the polling place a strong political presence is also a possible threat to the poll. Where a polling place contains several polling stations, the number of political agents can be very great, especially when including the candidates and their election agents, as well as new polling agents arriving to relieve those in place. Such a heavy political presence can create an atmosphere of political tension and intimidation. Presiding Officers are also subject to the intimidating presence of party supporters.

An Exclusion Zone?

  31.  In response to this problem there have been calls for the imposition of an exclusion zone around the polling place. That is to say, no party-political electioneering would be permitted within a certain radius of the polling place. However, in the majority of polling places, these problems do not exist and a statutory exclusion zone would be an unnecessary imposition. Moreover, even where there is a problem of intimidation and obstruction, an exclusion zone would only push the problem to critical street corners and entry points to the zone. This would cause some inconvenience to people other than those heading for the polling place. The intimidation of voters may be lessened by the imposition of an exclusion zone but enforcing the zone would create new points of conflict between some groups of political activists and police.

  32.  The free movement of voters should be the responsibility of the police. They already possess general powers to prevent obstructive and intimidating behaviour and these powers can be put to use in preserving order around the polling place. Efforts could be concentrated where the problems are greatest. In light of these powers, it is not strictly necessary to impose an exclusion zone. On balance therefore, the advantages of an exclusion zone are outweighed by the problems that it would cause.

Polling Agents and Presiding Officers

  33.  It is not desirable at present to remove polling agents from the polling station, despite calls to that effect from certain parties. They serve a useful function that cannot be handed over to the electoral officials as long as polling remains so much more contentious than anywhere else in the UK.

  34.  The restrictions that apply to the activity of polling agents, when observed, provide adequate protection against abuse of this privilege. They are not permitted to transfer information from the polling station, such as the names of electors on the register who have not yet voted. There is also a recommended seating arrangement that should be observed to prevent the polling agents' presence threatening the voters. If all or most parties are able to provide polling agents then no one party is able to intimidate voters alone.

  35.  The conduct of both electoral officials and political agents is regulated by the Chief Electoral Officer. The Government is pleased to acknowledge his efforts in reinforcing the rules concerning conduct of elections, both on the part of his own staff and polling agents. To this end he is intending to initiate a new programme of training for presiding officers based upon the existing Code of Conduct, which outlines their various rights and responsibilities.

Conclusion

  36.  Ultimately, it is the Government's hope that undue party-political influence in the conduct of the poll may be ended. That is not to say that politically appointed agents would no longer be present at the poll, but that their presence would cease to be influential. At present, however, good order must and can be maintained by application of existing regulations.