The timing of counts at Scottish Parliamentary and local government elections

Transcription

1 The timing of counts at Scottish Parliamentary and local government elections October 2005

2 Introduction 1. In our report Scottish elections 2003, we proposed to review the question of the timing of counts at future combined Scottish Parliament and local government elections with a view to making a recommendation to Scotland Office and Scottish Executive Ministers. This paper contributes to the process of taking forward that recommendation. 2. This paper highlights the views of political parties, candidates and agents, Returning Officers and electoral administrators, the media, and the electorate on the issues surrounding the timing of counts as articulated to us. We ask whether counting Scottish Parliamentary elections overnight, with the local government count following in the morning, is satisfactory in the context of combined elections, particularly with regard to the introduction of the single transferable vote (STV) electoral system for local government elections from May 2007, and if it is not, what approaches may be preferable to this. This paper also considers the timing of counts in comparable situations elsewhere in the United Kingdom, with elections in London and Northern Ireland providing us with the best such examples. 3. These issues are raised with the intention of contributing to an on-going discussion amongst those involved in elections in Scotland, which will inform our recommendation on this issue. Purpose of the review 4. Throughout the reporting process on the 2003 Scottish elections, a number of issues were raised with the Commission regarding the timing of counts at combined elections. 5. We recognised at that time the concerns expressed with regard to the timing of the Scottish Parliamentary and local government counts and undertook to explore these issues and make a recommendation on their future timing to Scotland Office and Scottish Executive Ministers. 6. This review fulfils this commitment, made in our report Scottish elections Purpose of this paper 7. This paper explores views that have been made known to us to date based on the current situation and the use of first past the post for local government elections, and also considers the impact of the introduction of STV for such elections from May We also examine how combined counts in other parts of the United Kingdom are run, elections to the Northern Ireland Assembly and the Greater London Assembly being particularly relevant in this regard due to the issues raised by the combination of polls. 1

3 8. Additionally, this paper raises a number of issues pertinent to the discussion on the timing of counts at future combined elections and proposes a number of possible approaches which could be adopted with the aim of facilitating discussion on this subject. 9. We are seeking views on the possible approaches that we have highlighted in this paper, and indeed on any other approaches that respondents may wish to propose. From these responses, the Commission intends to form a view which it will then put to Scotland Office and Scottish Executive Ministers in the form of a recommendation on this issue. Scope of the review 10. At this stage, we have not considered the cost implications of the possible approaches that could be adopted for the timing of counts at combined Scottish Parliamentary and local government elections, primarily due to the lack of data available on this subject. Before making a final recommendation to Scottish Executive and Scotland Office Ministers, the Commission will consider the cost of the preferred approach. Background The role of The Electoral Commission at Scottish Parliamentary and local government elections 11. The Electoral Commission is a public body established on 30 November 2000 under the Political Parties, Elections and Referendums Act 2000 (PPERA). The Commission is independent of Government, non-partisan and directly accountable to the UK Parliament. 12. The Commission is responsible for overseeing a number of aspects of electoral law, including the registration of political parties and third parties, monitoring and publishing details of significant donations to registered political parties and holders of elective office, and the regulation of national party spending on election campaigns. The Commission also has a role in advising those involved in elections on practice and procedure. 13. The Commission has a responsibility through Section 5 of PPERA to report on the administration of the Scottish Parliamentary elections, as legislation concerning elections to the Scottish Parliament is a reserved matter to the UK Parliament. Legislation regarding elections to Scotland s 32 councils is, however, devolved to the Scottish Parliament and therefore no such duty exists on the Commission with regard to reporting on these elections. Given, however, that the elections were combined, in 2003 the Scottish Executive asked the Commission to report on the administration of the local government elections at the same time. 2

4 Combination of elections 14. The Scottish Parliamentary and local government elections held in 2003 were the first combined polls to be held under the provisions of the Scottish Local Government (Elections) Act 2002, which require Scottish local government elections to be held on the same day as elections for the Scottish Parliament in all but limited circumstances. 15. The Scottish Local Government (Elections) Act 2002 is an act of the Scottish Parliament which makes provision with respect to the synchronisation of the polls at local government elections with the polls at elections to the Scottish Parliament, and makes some minor rectifications in enactments relating to the timing of elections. 16. While combination streamlines procedures in advance of an election, it does not affect the way in which votes are counted, as the counting of votes is not one of the combined functions specified in the legislation and indeed by necessity cannot be combined if the count is being conducted manually. Electoral system 17. The voting system used for the Scottish Parliament is known as the Additional Member System (AMS). The 73 constituency seats in the Scottish Parliament are elected using the first past the post system, whilst the 56 regional members are elected using the list system, which provides an element of proportional representation to reflect the voting preferences of the electorate in a more representative manner. 18. At a Scottish Parliamentary election, each voter has two votes: a constituency vote for a candidate and a regional vote for a political party or a candidate standing as an individual. For the single member constituency election, voters cast one vote by marking a cross against the candidate of their choice. For the regional election, voters cast one vote by marking a cross against the political party or individual candidate of their choice. Regional seats are allocated proportionately using the d Hondt system according to the number of votes cast for each party and individual candidate, and the number of constituency seats won by each party in the region. 19. In 2003, the local government elections used the first past the post voting system for the election of the 1,222 councillors across Scotland. The introduction of the Local Governance (Scotland) Act 2004 will, however, see local government elections from May 2007 conducted using the Single Transferable Vote (STV) system. 3

5 Current practices in Scotland 20. In 2003, a total of 3,877,603 electors were eligible to vote at the Scottish Parliamentary and local government elections. There were 1,916,594 (49.43%) votes cast in the Scottish Parliamentary constituency election and 1,915,851 (49.41%) in the regional list election. Total votes cast in local government elections across Scotland were 1,890,542 (49.79%). 21. At both the 1999 and 2003 elections, there were two counts. The first was the Scottish Parliamentary count, which commenced immediately after the close of poll and in most places continued throughout the night. The local government count could not be commenced until 10am on the Friday morning and was in general concluded by 4pm throughout Scotland. 22. On 1 May 2003 there were some 4,500 people staffing count centres across Scotland. The objective of everyone working on the count throughout the country is the same to make sure that the votes are counted fairly, efficiently and accurately. Count centres vary across Scotland from schools to public halls, with sports halls being a particular favourite as they tend to allow themselves to be adapted more readily to the needs of the Returning Officer. 23. At the Scottish elections of 1999 and 2003 each local authority area contained at least one count centre. In each count centre, ballot papers for at least one Scottish Parliamentary constituency were counted, as were the votes for the relevant Scottish Parliamentary regional list cast in that area, prior to the commencement of the local government count. 24. Once the polls closed, all ballot boxes were sealed and together with unused election materials, polling station supplies and the ballot paper accounts (and other paperwork) delivered to the counting centre immediately after the close of poll. Because of the diverse geography of Scotland this involves some Returning Officers in complicated arrangements, including boats, planes and helicopters to achieve this task. In 2003, all these arrangements, to the knowledge of the Commission, worked smoothly. 25. Once in the count centre, the process was generally conducted in the following manner: The ballot boxes for the Scottish Parliament constituency and regional elections, and the local government elections from each polling station were opened and checked to make sure that none of the boxes contained ballot papers that should be in another ballot box from that station. If a ballot paper was found in the wrong box then it was transferred to the correct one for that polling station. This is known as the rummage process. The ballot paper accounts for the Scottish Parliamentary elections were verified immediately. In some count centres Returning Officers chose to verify the local government ballot paper accounts as well, while others chose to leave that task to the following morning depending on how the Returning Officer had arranged the count. 4

6 The counting of the constituency and regional ballot papers for the Scottish Parliamentary elections was undertaken on substantial completion of the verification stage. Declaration of the Scottish Parliamentary results. The count for the local government elections could not commence until 10am on Friday 2 May. 26. Throughout the election review process in 2003, the Commission was made aware of widely held, but often differing views that the timing of the counts should be reviewed and be undertaken in a different way, views on what should replace the current arrangements being the point on which difference occurs. 27. As indicated above, current practice allows for counting the Scottish Parliament votes immediately after the close of poll, followed by the local government count no sooner than 10am on the next day. This necessitates a sizeable number of people employed by the Returning Officer and their core election team working often non-stop for 36 hours. They obviously become tired during that period and while tired are expected to make important decisions relating to the well being of our democracy. Not surprisingly electoral administrators in the main do not favour the current arrangements. More surprising are the views expressed to us by many representatives of the media and the main political parties that they too do not think the current arrangements are appropriate. 28. It was not uncommon for count centres to still be working at 5am and in two cases regional results were not declared until 8am. A further two counts were suspended in the early morning and concluded prior to the commencement of the local government count later that day. 5

7 Overview of research to date Impact of the introduction of STV 29. The Local Governance (Scotland) Act 2004 introduces the Single Transferable Vote electoral system for Scottish local government elections from May 2007 in place of the existing first past the post system. STV has been in use in Northern Ireland for over 30 years where it is used for all statutory elections except for elections to the UK Parliament. Comparison with recent experience in Northern Ireland may thus be helpful in indicating some of the challenges that may face political parties, candidates and agents, Returning Officers and electoral administrators in Scotland in Experience from the May 2005 local government elections in Northern Ireland suggests that it can take up to 20 hours (two days) to count an STV election. In contrast, at the Scottish elections in 2003, the local government count was in general concluded within six hours across Scotland. The main reason for an STV election taking longer to count is that transferring voters second and subsequent preferences means that many ballot papers are counted more than once throughout the process. Clearly, then, it is likely that the local government count in 2007 will take significantly longer to conduct than under the present system. 31. It should be noted, however, that while a comparison between recent experience in Northern Ireland and Scotland is a helpful indicator of the possible length of an STV count, it is not necessarily the case that the same version of STV will be used in Scotland. There are a number of different methods of counting STV elections, the difference being in the way that surplus votes are transferred, and the decision taken as to the precise nature of the system to be used may impact on the method used and time taken to count the local government elections in Scotland. 32. Experience from Northern Ireland suggests that STV may make significant demands on Returning Officers and their staff, while the fact that these elections are combined in Scotland suggests that this fatigue may be exacerbated by the earlier Scottish Parliamentary count. The Commission has received representation to the effect that previous assumptions regarding the endurance of Returning Officers and their staff to work for long periods of time without sleep would be unsustainable under STV. 33. It is widely accepted by those involved in elections that an STV election is a significantly different situation than anything experienced previously in Scotland. As a result, many stakeholders believe that this could present an opportunity to introduce an alternative approach to the timing of counts. 6

8 Review of recounts at elections to Scottish Parliamentary regions 34. The Electoral Commission is currently also reviewing the provision for recounts at elections to Scottish Parliamentary regions. As part of this review, we have developed some options to facilitate consideration of the issues. If pursued, several of these options could directly affect the timing of counts. These options are as follows. Option one: No change 35. This option would have no effect on the timing of counts. Under this option, individual candidates and political parties could continue to request recounts of the regional vote at the level of the constituency count centre and would remain unable to request a recount of the votes cast across the region as a whole. Option two: Enable manual recounts of all ballot papers cast in respect of a Scottish Parliamentary region without making significant changes to the existing timetable for the count 36. This change would have the potential to increase the length of the Scottish Parliamentary count and to consequently place greater demands on the staff and other resources used at that count. In the event of such a recount, the Returning Officer would probably wish to consider whether it is practical to recount on the same evening or whether to suspend the count until the following morning. This option clearly has the potential knock-on effect of impacting on the timing of the local government count. Option three: Enable manual recounts of votes cast in respect of a Scottish Parliamentary region in the context of an extended timetable for delivering the result 37. If adopted, this option would enable the Returning Officer to hold over a recount of regional votes until a later time. It is conceivable that possible legislation could allow a recount of regional votes to be held over until after the local government count, thereby minimising the impact on that count. As part of this option, consideration could be given to transferring responsibility for physically conducting the recount to the Regional Returning Officer which may reduce the constraints on Local Returning Officers and their staff. Option four: Enable electronic counting 38. Counting votes electronically would have significant repercussions for the timing of counts by making greater use of technology. Allowing recounts of regional votes in this instance may only have a minor impact on the timing of counts. 39. Our report Scottish elections 2003 includes a recommendation that Scotland Office and Scottish Executive Ministers consider the potential benefits and funding implications of electronic counting at future combined 7

9 Scottish Parliament and local government elections. The Commission is of the view that electronic counting of votes has to be considered if the count process at combined Scottish elections is to be made substantially shorter, particularly so in the context of STV. Scottish views 40. The Electoral Commission is aware that the timing of counts has been an issue that political parties, candidates and agents, councils and councillors, Returning Officers and electoral administrators, and the media have been considering for some time. To the Commission s knowledge, these discussions have indicated support for reviewing the timing of counts at combined Scottish Parliamentary and local government elections. 41. The following summarises the range of views we have received since the Scottish elections of It should be noted that these are not the views of The Electoral Commission and are not weighted in any way, but simply reflect the views we have ascertained to date. Also, many of these views relate to the situation as it stands at present and do not fully consider the change to the electoral system to be used at local government elections from May Political parties 42. The current timing of counts at combined elections has been criticised in terms of the strain placed on parties resources, making it difficult for the parties to observe all parts of the count process, which may have a knock-on effect on confidence in the count. It can be difficult for parties and candidates to verify the accuracy of the regional count because party workers feel unable to watch the list count and then attend the local government count at 10am the following day. It is thus arguable that if the timing of these counts was revisited, parties would be better equipped to properly observe the regional element of the Scottish Parliamentary election count. It is, however, worth noting that in many instances it may in fact be different persons observing on behalf of the parties at the local government count than at the Scottish Parliamentary count. 43. Public confidence in elections in the United Kingdom rests in part on the transparency and openness in the administration of the count, and by ensuring that count processes are conducted in full view and that the Returning Officer s decisions are open to challenge, candidates and their support staff assist in validating the final result. It has been said that the timing of the counts and subsequent resource constraints can limit the parties capacity to validate the result in this way. 44. A number of representatives from different political parties have expressed the view that they would find it easier to appoint counting agents if counts were held during the day and not overnight. 45. Political parties do, however, have an interest in knowing the outcome of the election at as early an opportunity as possible and overnight counts have 8

10 the effect of producing the results more quickly than a count commencing the day after polling day. Scottish Parliamentary candidates and agents 46. Following the 2003 elections, The Electoral Commission canvassed the views of candidates and agents on a number of issues regarding the combined polls. In this forum, many candidates and agents indicated their feeling that tired staff at overnight counts are less effective than they would be if they were working during the day after a night s rest. There is also a belief held that by 4am or 5am count staff are tired and could be prone to making mistakes. 47. Many candidates have, however, acknowledged their interest in knowing the outcome of the election at as early an opportunity as possible and recognise that overnight counts produce the results more quickly than a count commencing the day after polling day. Councils and councillors 48. As with Scottish Parliamentary candidates, local government candidates have acknowledged their interest in knowing the outcome of the election as quickly as possible. The current system of overnight count for Scottish Parliamentary elections allows the local government count to commence after 10am on the day after polling day, with full results usually available by early afternoon, which allows an administration to be formed or coalition negotiations to commence. It is recognised that amending the timing of the counts at combined elections may have implications for this process. Additionally, it is noted that it is necessary for the first council meeting after an election to be held within 21 days of the poll taking place. 49. A number of councils have expressed the view that the introduction of electronic counting would greatly assist with the administration of combined elections, particularly where STV is to be used. There have, however, been concerns noted that the introduction of electronic counting at the same time as STV would be too big a step to take at one time, with the newness of both concepts leading to some nervousness, particularly in relation to visibility and intelligibility. It has been contended, however, that some of these concerns could be abated if software was developed which could be used at the count on a large screen to show the various stages, processes and calculation of an electronically enabled STV count so that those in attendance would be able to follow, and to have confidence in, the proceedings. 50. The fact that council staff are often required to work at election counts has been noted to lead to a knock-on effect to the delivery of other council services. A move away from overnight counting may further increase this effect, particularly if counts are to be conducted during normal working hours. 9

11 Returning Officers and electoral administrators 51. Returning Officers and electoral administrators have observed that overnight counts present a number of challenges. 52. Staff recruitment can be difficult, particularly due to the long and anti-social hours associated with overnight counts. Daytime counts, however, have also raised issues over recruitment, with non-council staff who have often been used at overnight counts frequently having day jobs which would prevent them from working at the count. Using council staff at election counts held during the day can also have a wider impact on the delivery of other council services, with staff being taken away from their usual function to assist with the delivery of the election results. 53. The efficiency and effectiveness of staff during an overnight count may be affected by staff fatigue. Additionally, this could lead to the accuracy of the count being called into question, especially in the context of proportional electoral systems where the count may be longer and more complex than first past the post elections. 54. While it is not unusual for a different pool of count staff to be used for local government counts than for the Scottish Parliamentary counts, the core election team remains the same, meaning that these individuals are effectively working for 36 hours without a break. It is difficult to imagine this being accepted as satisfactory working conditions in any other situation in Scotland. 55. It has been intimated to the Commission that this issue will be further exacerbated by the introduction of STV and that it is not realistic for the local government count to continue indefinitely on the Friday following the overnight count on the Thursday, both in terms of the health of the core staff and for the quality of the process itself. On this view, it would be likely that counts in a number of areas would need to be continued into a second day, raising further staffing and resource issues. 56. It has been argued that daytime counts would facilitate better preparation, as by starting the count the following morning, staff can prepare for the count better and ensure that all boxes are in, in the correct place, and ready for the start of the count the next morning. With an overnight count, the process is hindered by the time it takes for the boxes to arrive from the polling stations and the fact that when and in what order the boxes will arrive cannot be anticipated. The process could be more organised if there is time before the count starts to check that everything is where it should be, presenting less opportunity for papers to go missing. The media 57. Print and broadcast journalists have raised several points regarding the timing of counts during discussions held following the 2003 Scottish Parliamentary and local government elections. 10

12 58. Election night coverage is expensive to produce and may not always represent value for money given the relative small number of viewers it attracts. 59. It has been proposed that if the counts were conducted during the day, there is the possibility that the declarations of results could coincide with the main national news bulletins at 1pm and 6pm. With appropriate coverage, this may make delivery of live election results accessible to a wider audience than at present. The electorate 60. The electorate is the only group affected by any decision on the timing of counts at combined elections that have not been asked directly for their views on the issue. Although there is an assumption that electors have a close interest in the results of elections and, like political parties and candidates, may not only expect a quick result but have perhaps also become accustomed to receiving one, it is not clear whether there are any strong views held on whether to continue to count overnight or to adopt some other approach. UK practices London 61. On 10 June 2004, combined elections were held in London for the return of the Mayor of London, Constituency and London Members of the Greater London Assembly (GLA), and for the European Parliament. Electors had a total of five votes, which were cast on three ballot papers. 62. The responsibility for these elections rests with the Greater London Returning Officer (GLRO), who is the Chief Executive of the Greater London Authority. The counts were conducted electronically and began at 9am on Friday 11 June. These were the second London elections to be counted electronically but the first to commence on the morning after polling day. 63. The first Greater London Assembly and Mayoral elections in 2000 were counted through the night following the close of poll. The decision to delay the start of the London count in May 2004 was taken by the GLRO, and was based on the experience of the 2000 elections. 64. In taking the decision to start the count when they did, the GLRO could draw on the support of the London Assembly s Elections Investigative Committee. The report of the Investigative Committee (May 2002) noted that a number of witnesses and respondents had submitted that undertaking a complex count lasting around eight hours following a 16-hour day of polling is unsustainable. The report recommended that the count should therefore take place the day after polling day and commence not earlier than 9am. 11

13 65. At the 2004 elections, a total of 5.7million papers were counted electronically at 14 count centres. The sorting of the ballot papers commenced at 8.30am on Friday 11 June, with the electronic counting machines starting at 9am. On average, it took nine hours from the registration of the batches of votes to the end of the adjudication process, when the results of the constituency Assembly members were declared at the constituency count centres. The London-wide Assembly member results and the Mayoral results were declared from City Hall later that evening. The European Parliamentary result was not declared until 9pm on the evening of Sunday 13 June as, although the papers had all been scanned and counted on Friday 11 June, the result could not be declared until polling had ended in all Member States. 66. Reviews conducted after the 2004 elections found that by and large this decision was well received and that the arrangements worked well, although it was noted that there was a degree of frustration for some of the candidates who wanted to know the outcome of the poll as soon as possible. Northern Ireland 67. The UK Parliamentary election of 5 May 2005 was combined with elections to each of Northern Ireland s 26 local authorities. 68. The Electoral Office of Northern Ireland is responsible for the conduct of all elections held in Northern Ireland. The administration of the local government elections is, however, carried out by the Chief Executive of each council in their role as Deputy Returning Officer, although the Chief Electoral Officer retains responsibility for their conduct. 69. The count for the 2005 UK Parliamentary election in Northern Ireland commenced at 9am on Friday 6 May, with the local government election count commencing on Monday 9 May and continuing in many instances through to Tuesday 10 May. The practice of starting the UK Parliamentary count on the morning after the poll was different to the rest of the UK, where counting began immediately after the close of poll. There was considerable frustration on the part of candidates, agents, local councils and the media that the outcome of the general election is known long before the ballot boxes are opened in Northern Ireland. 70. The Chief Electoral Officer responded to this criticism by pointing out that the decision to delay the start of the count was made for practical reasons, namely that a large proportion of UK Parliamentary count staff had also acted as polling staff and that it would thus be unreasonable to expect them to begin counting votes immediately after the close of poll. The decision to start the count the following morning meant that core election staff were rested and prepared to undertake the count. 12

14 Wales 71. Although the National Assembly for Wales elections held in May 2003 were not combined with the local government elections, the Commission s report on the election did consider some of the issues relating to the timing of counts. 72. At the National Assembly elections in 2003, the majority of constituency results were declared between 1am and 2.30am on 2 May. The regional count took much longer to complete, with the final declaration at approximately 7.30am on the morning of 2 May. Some elections staff commented that had turnout been higher it would have been unlikely that the regional count could have been completed during the night. Many counting staff had worked all day in polling stations as Presiding Officers and Poll Clerks. Electoral Services Managers felt that staff fatigue would have meant temporarily halting the count and returning the following day had turnout been higher. 73. The length of the count also impacted significantly on media coverage of election night, with election night specials being obliged to conclude before all the results were in. As media coverage does impact upon public interest in the election, this is an important factor. 74. Some administrators considered that it would have been appropriate to count the following day as in the 1999 election when local government elections had taken place on the same day as elections to the National Assembly. In this instance, all elections were verified on the Thursday night after the close of poll, with the National Assembly election counted on the Friday morning and the local government election counted on the Friday afternoon. 13

15 Issues Issues to be considered 75. This section summarises the key issues concerning the timing of counts at combined Scottish Parliamentary and local government elections which have been drawn to the attention of The Electoral Commission and present some possible approaches for consideration. 76. Throughout our review of the 2003 elections and since, we have been made aware by a range of stakeholders involved in elections that the timing of the counts should be reviewed. This view has been increasingly articulated in light of the changed context of the 2007 elections resulting from the introduction of STV for local government elections. 77. The arguments we have received to date can be summarised as follows. Staffing constraints 78. Many of the key staff working for Scotland s 32 Returning Officers are required to work for up to 36 hours without a significant break. The core election team arrive at the count having already worked through an especially busy period preparing and administering all aspects of the election. Staff obviously become tired during the count and while tired are expected to carry forward a task that even at the most basic level demands consistency in approach and the most acute attention to detail. It has been intimated to The Electoral Commission that the point of breakdown has not been far away in some instances, and that it is becoming increasingly difficult to guarantee the accuracy of the count. 79. The introduction of STV for local government is significant in this context because Returning Officers and electoral administrators now face the prospect of conducting a long and complicated local government count very shortly after completing the Scottish Parliamentary count. This may create a situation where administrators are required to make significant decisions about the count over an extended period and when already fatigued from the earlier Scottish Parliamentary count. This will be particularly relevant in 2007 when STV will be used at elections across Scotland for the first time. 80. As acknowledged above, recruitment of staff for overnight counts is often difficult due to the long and anti-social hours. There are, however, also difficulties associated with daytime counts. A reliance on non-council staff may be difficult as often these persons will have day jobs to go to which will prevent them from working at counts that are not held overnight. Also, the use of council staff at counts held during normal working hours can have a knock on effect to the delivery of other council services. There may also be reluctance by some departments of the council to release staff to operate at these counts although this would likely be tempered by the statutory obligation on councils to assist the Returning Officer by placing at their disposal the 14

16 services of officers employed by the council to assist with the discharge of their functions. 81. If electronic counting was to be introduced, this may mean that fewer council staff would be required to work at counts than would be the case if the votes were to be counted manually. This was certainly the case at the London elections in 2000 and 2004 where it is estimated that only around one third of the number of staff that would have been required to conduct a manual count were employed at the electronic count. Scrutiny of the count 82. In our report Scottish elections 2003, we commented on the importance of effective participation in the count by candidates, election agents and counting agents. Such people are important in the process as they bring legitimacy and validation of the count undertaken by the Returning Officer. They must be able to observe the count and raise issues with the Returning Officer if they feel it necessary while not being in any way able to interfere in the counting process itself. 83. Some candidates and political parties contend that they face the same issues of fatigue as the Returning Officer and their staff and observe that it is difficult to maintain resources in place towards the end of a long count and after a month-long election campaign. 84. Public confidence in elections in the United Kingdom rests on the professionalism of electoral administrators and on the transparency and openness in the administration of the count. By ensuring that count processes are conducted in full view and that the Returning Officer s decisions are open to challenge, candidates and their support staff assist in validating the final result. It may be argued that by revisiting the timing of counts at combined elections, political parties, candidates, and their support staff would have further opportunities to carry out a more effective scrutiny of the count and may not be affected by the problem of fatigue commonly associated with overnight counts. Complexity of the process 85. The introduction of STV for local government elections will add further complexity to the counting of votes. Without belittling the complexities of counting votes cast under the Additional Member System, STV is arguably even more complex and this will be exacerbated in 2007 by the fact that this is the first time STV will have been used at national elections in Scotland. 15

17 Electronic counting 86. The Electoral Commission has evaluated pilots of electronic counting and concluded that, if implemented according to best practice, e-counting facilitates the counting of votes and improves accuracy. We recommended in our report Scottish elections 2003 that Scotland Office and Scottish Executive Ministers consider the potential benefits of e-counting and the funding implications at a future combined Scottish Parliamentary and local government election. 87. Discussions between a variety of stakeholders and the Scottish Executive are currently underway surrounding the development of an electronic counting option for use at the 2007 elections. 88. One key matter to be addressed prior to the introduction of electronic counting, particularly with regard to the complexity of STV elections, will be to ensure that systems are tested and proven to be secure, effective and robust. Legislation constraints 89. The date of polling at Scottish Parliamentary elections is fixed as the first Thursday in May by the Scotland Act 1998, subject to the limited powers given in the Act to the Presiding Officer of the Scottish Parliament to vary the date of the poll by up to one month earlier or one month later, and to call extraordinary elections in limited circumstances. As a result, if any amendment to the date of the poll is to be recommended, it should be borne in mind that this would require primary legislative change in the UK Parliament. 90. The Scotland Act 1998 requires that the Scottish Parliament nominate one of its members for appointment as First Minister within 28 days of the election taking place. If this does not occur, fresh elections would need to be held. Any delay in the holding of counts will clearly delay the time of the declaration of results and so reduce the time available in which to form an Executive and make this nomination. Desire for a result 91. Although those with a vested interest in the election results are keen to get a result as quickly as possible, in most quarters this desire to know the outcome is balanced with a desire for efficiency and accuracy in the count process. 92. It is also perhaps worth observing that the Scottish Parliamentary election result has never been finalised through the night, even with the current practice of overnight counting. In 1999, the final result was not declared until mid-morning on the Friday, and in 2003 the final result was not publicly known until late afternoon on the Friday. 16

18 May bank holiday 93. As the combined Scottish Parliamentary and local government elections are prescribed for the first Thursday in May, it will thus often be the case that the election will be followed by a bank holiday weekend. Indeed this will be true in This could mean that if counting is to take place over the weekend after the poll and indeed into bank holiday Monday itself, it may well be both more difficult and more expensive to recruit staff to work at the count. Weekend counting 94. There are parts of Scotland where it would be unacceptable to count on a Sunday. At the 2004 European Parliamentary elections, for example, five constituencies did not count on the Sunday evening and instead counted on the Monday morning. 95. Additionally, there may be individuals across Scotland who could be unwilling to work on a Sunday for religious reasons, which would have to be respected. Recounts at elections to Scottish Parliamentary regions 96. The Electoral Commission is currently reviewing the provision for recounts at elections to Scottish Parliamentary regions. This review and the possible impact of any recommendation to allow such recounts on the timing of counts are considered in detail earlier in this paper. 17

19 Possible approaches 97. This section sets out a number of possible approaches that could be adopted with regard to the timing of counts at combined Scottish Parliamentary and local government elections. These approaches are by no means an exhaustive list of possibilities but instead are included in this paper with the objective of facilitating discussion on the issues and possible solutions to help inform our recommendation to Scotland Office and Scottish Executive Ministers. Count overnight on the Thursday, with counts continuing from the Friday morning 98. This approach would see the Scottish Parliamentary election, both the constituency and regional elements, continue to be counted on the Thursday evening after the close of poll, with the local government count commencing on the Friday morning. 99. The introduction of STV for local government should have no implications for the conduct of the Scottish Parliamentary count since the Parliamentary count is held first. It is likely, however, that the local government count will take longer under the new STV system, and indeed may be incapable in some areas of being completed manually in one day One variation to this approach which may also be considered is to continue with the overnight count for the Scottish Parliamentary election and delay the start of the local government count until the Saturday or perhaps even until after the bank holiday weekend. Manually count starting on the Friday 101. This approach would see both elections continue to be counted manually but would see an end to overnight counts at combined Scottish Parliamentary and local government elections The Scottish Parliamentary count could commence on the morning of the day after polling day and be completed during the normal hours of working. The local government counts could then commence on the Saturday, or perhaps even on the following Tuesday to avoid the bank holiday weekend. As a manual local government count will take more than one day to complete in some areas following the introduction of STV, if it was decided to start the count on the Saturday, a decision would also need to be made on whether to continue with the count on the Sunday or delay this until the beginning of the following week. 18

20 Move polling to Tuesday 103. By moving polling day to Tuesday counts for the combined elections could be held during the normal hours of working and completed by the Thursday or Friday after polling day A change to primary legislation in the UK Parliament would, however, be required to make this approach possible. Electronically count both elections on the Friday 105. One further possible approach could see both elections counted electronically on the day following polling day The introduction of electronic counting would allow both elections to be counted in a shorter period of time than would be possible manually, meaning that both counts could potentially be completed in one day. 19

21 How to respond 107. Please send your response to the issues and approaches raised in this paper by Friday 18 November 2005 to: Ailsa Irvine Policy and Practice Officer Scotland The Electoral Commission 28 Thistle Street Edinburgh EH2 1EN Tel: Fax: