Elections Act 2022

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Elections Act 2022
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Parliament of the United Kingdom
Long title An Act to make provision about the administration and conduct of elections, including provision designed to strengthen the integrity of the electoral process; about overseas electors; about voting and candidacy rights of EU citizens; about the designation of a strategy and policy statement for the Electoral Commission; about the membership of the Speaker's Committee; about the Electoral Commission's functions in relation to criminal proceedings; about financial information to be provided by a political party on applying for registration; for preventing a person being registered as a political party and being a recognised non-party campaigner at the same time; about regulation of expenditure for political purposes; about disqualification of offenders for holding elective offices; about information to be included in electronic campaigning material; and for connected purposes.
Citation 2022 c. 37
Introduced by Kemi Badenoch, Minister of State for Levelling Up Communities (Commons)
Lord True, Minister of State for the Cabinet Office (Lords)
Territorial extent United Kingdom
Dates
Royal assent 28 April 2022
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Elections Act 2022 (c. 37) is an Act of the Parliament of the United Kingdom, introduced to the House of Commons in July 2021, and receiving Royal Assent on 28 April 2022. [1] The Act makes photo identification compulsory for in-person voting in Great Britain for the first time. [2] [3] Until then, Northern Ireland had been the only part of the UK to require voter identification. The Act also gives the government new powers over the independent elections regulator; [4] the Electoral Commission has said it is "concerned" about its independence from political influence in the future. [5] [6] [7]

Contents

According to academic research presented to the House of Commons, these changes may result in 1.1 million fewer voters at the next general election due to the photo ID requirement. [8] Key elements of the Act were opposed by parliamentary committees, the House of Lords, the Electoral Commission, devolved governments, and academics. [6] Changes proposed by the House of Lords were rejected by the House of Commons, dominated by Conservative MPs under the whip of Boris Johnson's government. [6] [9]

The bill is highly contentious. Some opponents said it would hinder certain groups of people from voting, because they were less likely to have photo IDs. The Liberal Democrat peer Lord Wallace described it as a "nefarious piece of legislation" that is "shabby and illiberal". [10] [11] Toby James, a professor of politics and public policy, has said "the inclusiveness of elections has been undermined by the act and it weakens the UK's claim to be a beacon of democracy". [6] The Labour Party said the Conservatives are "trying to rig the rules of the game to help themselves". [12] A free voter ID card was introduced for those who did not have other forms of identification.

The bill also changed mayoral and police and crime commissioner elections from a supplementary vote (SV) system to a first-past-the-post (FPTP) system, which critics say are an attempt by the ruling Conservative Party to make it easier to win future contests without getting a majority of the total votes, most particularly in London. [13]

Background

Many countries have voter identification laws. Since the passing of the Electoral Fraud (Northern Ireland) Act 2002, photographic identification has been mandatory to vote in elections in Northern Ireland, [14] which is part of the UK. Other countries with voter ID laws tend to also have compulsory national identity cards, whereas the UK does not (the Labour government of Tony Blair attempted to introduce them, on the legal basis of the Identity Cards Act 2006, but this was abandoned by the subsequent Conservative/Liberal Democrat coalition government and the Act was repealed in 2011). [6]

The government's research suggests that 9% of voters in Great Britain do not have eligible identification. A lack of eligible identification is more common in individuals who are disabled, unemployed, or without educational qualifications. [6] In response to this, the government announced that identification which had a photograph in which the likeness was similar would be permissible even if the identification in question had expired, which they stated would reduce the percentage of eligible voters without any form of eligible identification to 4% based on their research. [15] [16]

There is little evidence of serious voter fraud in UK elections. Between 2015 and 2019, during which three general elections were held and 153 million in-person votes cast, only 88 allegations were made of voter fraud. [17] Between 2010 and 2018, there were just two convictions for voter fraud. [18]

A voter ID trial was held for the 2018 United Kingdom local elections by the national Conservative government. Voters in five local authorities in England (Bromley, Gosport, Swindon, Watford and Woking) were required to show ID before voting. [19] [20] [21] The legal basis for the trial was contested [22] but upheld in R (on the application of Coughlan) v Minister for the Cabinet Office . [23]

Another voter ID trial was held in 10 authorities for the 2019 United Kingdom local elections. [24] Examining Cabinet Office and Electoral Commission evaluations Michela Palese, Research and Policy Officer for the Electoral Reform Society, concluded that mandatory voter ID posed a larger risk to democratic access and equality than the levels of personation at the ballot box. [25]

Voter ID legislation was part of the 2021 Queen's Speech. [26]

On 16 January 2023 the Voter Authority Certificate service was launched, allowing UK electors to obtain a free form of photo ID exclusively for voting. [27] The Electoral Commission also launched a campaign to raise awareness about ID requirements, with public awareness going from 22% in December 2022 to 63% in February 2023 and 76% in April. [28]

Provisions

Notable provisions of the act include:

Other provisions include extending the current imprint rules onto digital election material, [30] and tightening spending limits on third parties.

Criticism

The act was criticised for allowing as voter identification "an Older Person's Bus Pass, an Oyster 60+ Card, a Freedom Pass", while not allowing 18+ student Oyster cards, national railcards, or student ID cards. [12] [31] An amendment in the House of Lords to list these as accepted forms of voter identification was rejected by the Conservative government. [12] Critics said the list discriminates against younger people, who more often vote Labour; in the 2019 United Kingdom general election 56% of voters aged 18–24 voted Labour whereas 67% of voters aged over 70 voted Conservative, according to polling by YouGov. [32] [12] The Labour Party thus accused the Conservative government of trying to "choose voters". [12] The government said that these forms of ID were rejected on the grounds that, compared to their equivalents for older citizens, they have less stringent application requirements and so were less secure. [33]

A column in The National said the real intention is to make it harder to vote for "certain demographic groups which tend not to support the Conservatives". It said that young voters, and ethnic minorities, are more likely not to have photo ID. [17]

Conversely, Conservative MP Jacob Rees-Mogg said the law had mostly prevented the elderly from voting, arguing that this was a reason for Conservative losses in the 2023 local elections: [34] [35] [36]

"Parties that try and gerrymander end up finding their clever scheme comes back to bite them, as dare I say we found by insisting on voter ID for elections. We found the people who didn’t have ID were elderly and they by and large voted Conservative. So we made it hard for our own voters and we upset a system that worked perfectly well." [37] [38]

Rees-Mogg's comments were criticised by Liberal Democrat MP Helen Morgan, who argued they were an admission that voter ID was introduced to strategically disenfranchise non-Conservative voters. [39] Conservative MP Danny Kruger argued that Rees-Mogg's comments were in the context of criticising proposals by the Labour Party expand the franchise to 16-year olds and EU citizens, with Kruger suggesting it was meant to be a facetious comparison. [40] Morgan raised the issue as a point of order in the House of Commons, arguing that it contradicted prior comments by Lee Rowley, Parliamentary Under-Secretary of State for Local Government and Building Safety, before the House on why voter ID was being introduced by the government. Rowley issued an official response to the point of order, stating that Rees-Mogg's comments were irrelevant to the government's motives for introducing the change. [41]

The government's argument that voter ID should be introduced to lessen public concern about vote fraud (with two-thirds of voters reporting concern about the phenomenon) was criticised by the Public Administration and Constitutional Affairs Committee on the grounds that the public tends to exaggerate the problem. [42]

Bob Kerslake, former Head of the Home Civil Service, claimed the changes to mayoral and police elections are motivated by a perceived advantage the Conservatives have under first-past-the-post due to vote splitting. Kerslake noted that of the past ten metro mayors, only two have been Conservative. [18]

The Electoral Commissioners wrote to government ministers urging for the independence of the commission to be retained. [43] The letter said "it is our firm and shared view that [...] enabling the government to guide the work of the commission is inconsistent with the role that an independent electoral commission plays in a healthy democracy". [44] It added that "the Statement has no precedent in the accountability arrangements of electoral commissions in other comparable democracies, such as Canada, Australia or New Zealand." [43]

Following the passing of the Act law firm Mishcon de Reya said that the Strategy and Policy Statement "has created the potential for existing and future Governments to enhance its electoral prospects." [45]

Impact

A study by the Electoral Commission found that at least 14,000 people had been stopped from voting at polling stations in May 2023's local elections because they lacked the required ID. [46] It assumed that the real number was a significantly higher than this because around 40% of polling stations had 'greeters' to ensure people trying to vote had the correct ID and all had notices explaining the new rules meaning people who gave up at this point would not have been recorded in the 14,000. [47] The Commission stated that there were “concerning” signs that voters with disabilities, unemployed people and people from particular ethnic groups could be disproportionately affected by the new ID rules. The Commission also carried out separate polling which found that 4% of people who did not vote did not because of the new ID rules, it estimated that at least 400,000 people could not or chose not to vote due to the new ID rules. [48]

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References

  1. ↑ "Elections Bill". Parliament of the United Kingdom. 5 July 2021. p. 1. Retrieved 5 July 2021.
  2. ↑ Allegretti, Aubrey (5 July 2021). "Millions in UK face disenfranchisement under voter ID plans". The Guardian. Retrieved 5 July 2021.
  3. ↑ Webster, Julia (5 July 2021). "New Elections Bill to 'protect democracy', says government". BBC. Retrieved 5 July 2021.
  4. ↑ Lothian-McLean, Moya (10 January 2022). "Opinion: Boris Johnson Is Revealing Who He Really Is". The New York Times. ISSN   0362-4331 . Retrieved 10 April 2022.
  5. ↑ "The controversial new laws rushed through by the government this week". The Big Issue. 30 April 2022. Retrieved 30 April 2022.
  6. 1 2 3 4 5 6 James, Toby. "Democracy undermined: elections in the UK are changing – here's how". The Conversation. Retrieved 30 April 2022.
  7. ↑ "Electoral Commission 'concerned' after Tories vote to put it under government control". The Independent. 28 April 2022. Retrieved 30 April 2022.
  8. ↑ "The Elections Bill, Report".
  9. ↑ "Elections Act 2022: Consideration of Lords amendments".
  10. ↑ Saltaire, Wallace (25 February 2022). "Elections Bill is a nefarious piece of legislation". The Times. ISSN   0140-0460 . Retrieved 18 April 2022.
  11. ↑ Rocha Menocal, Alina (18 April 2022). "Why the UK Elections Bill undermines democracy". openDemocracy. Retrieved 18 April 2022.
  12. 1 2 3 4 5 "'A full-fronted attack on our democracy': New voter ID laws make it harder for young people to vote". The Big Issue. 28 April 2022. Retrieved 30 April 2022.
  13. ↑ Waterson, Jim (9 May 2021). "Government to change English voting system after Labour mayoral victories". The Guardian. Retrieved 30 May 2023.
  14. ↑ "Elections". NI Direct. NI Direct. 13 November 2015. Retrieved 5 July 2017.
  15. ↑ Department for Levelling Up, Housing & Communities, Protecting the integrity of our elections: Voter identification at polling stations and the new Voter Card, www.gov.uk, 06.01.22
  16. ↑ Neil Johnston, Elise Uberoi Voter ID, House of Commons Library, 14.12.22, pp. 62-63
  17. 1 2 "The REAL Scottish Politics: Here's why Tory bill is so disturbing". The National. Retrieved 30 April 2022.
  18. 1 2 "With all eyes on Ukraine, the UK is quietly set to disenfranchise 2 million citizens | Bob Kerslake". the Guardian. 6 April 2022. Retrieved 30 April 2022.
  19. ↑ "Pilot area evaluations". www.electoralcommission.org.uk. 29 July 2019 [25 July 2019]. Retrieved 24 September 2023.
  20. ↑ Swinford, Steven (27 December 2016). "Voters may have to show ID to combat voter fraud in 'vulnerable' areas". Daily Telegraph. Retrieved 5 July 2017.
  21. ↑ Press Association (28 April 2018). "Polling station voter ID plans are deeply flawed, say critics". The Guardian. Retrieved 29 April 2018.
  22. ↑ Walker, Peter (6 June 2018). "UK's voter ID trial in local elections could be illegal – barristers" . Retrieved 6 June 2018.
  23. ↑ "R (on the application of Coughlan) (Appellant) v Minister for the Cabinet Office (Respondent)" (PDF). Supreme Court of the United Kingdom . Retrieved 10 May 2023.
  24. ↑ "Pilot areas by numbers". www.electoralcommission.org.uk. 4 July 2019. Retrieved 24 September 2023.
  25. ↑ Palese, Michela (1 August 2019). "Five things we have learnt about England's voter ID trials in May's local elections". Democratic Audit. Retrieved 25 September 2023.
  26. ↑ "Queen's Speech: What did she say at the State Opening of Parliament?". The Independent. 11 May 2021. Retrieved 12 May 2021.
  27. ↑ "Voters can now apply for free a 'Voter Authority Certificate'". www.watford.gov.uk. 16 January 2023. Archived from the original on 28 January 2023. Retrieved 28 January 2023.
  28. ↑ "Two weeks left for voters to apply for free ID". www.electoralcommission.org.uk. 11 April 2023.
  29. ↑ "Changes for EU Citizens". The Electoral Commission. Retrieved 30 April 2022.
  30. ↑ "Significant changes proposed to UK elections – Electoral Commission responds". Electoral Commission. 5 July 2021. p. 1. Retrieved 5 July 2021.
  31. ↑ "Elections Bill, as introduced in the Lords".
  32. ↑ McDonnell, Adam; Curtis, Chris (17 December 2019). "How Britain voted in the 2019 general election". YouGov.
  33. ↑ Department for Levelling Up, Housing & Communities, Protecting the integrity of our elections: Voter identification at polling stations and the new Voter Card, www.gov.uk, 06.01.22
  34. ↑ "Jacob Rees-Mogg Admits Tory Voter ID Law Was 'Gerrymandering'". HuffPost UK. 15 May 2023. Retrieved 15 May 2023.
  35. ↑ Sparrow, Andrew (15 May 2023). "Jacob Rees-Mogg criticises photo ID voting law, calling it move to 'gerrymander' elections – UK politics live". the Guardian. ISSN   0261-3077 . Retrieved 15 May 2023.
  36. ↑ McKeon, Christopher (15 May 2023). "Rees-Mogg appears to call voter ID policy 'gerrymandering'". Evening Standard. Retrieved 15 May 2023.
  37. ↑ "Jacob Rees-Mogg Admits Tory Voter ID Law Was 'Gerrymandering'". HuffPost UK. 15 May 2023. Retrieved 15 May 2023.
  38. ↑ "Voter ID is 'gerrymandering' which backfired on Tories, says Rees-Mogg". The Independent. 15 May 2023. Retrieved 15 May 2023.
  39. ↑ "No Parliamentary Investigation Into Jacob Rees-Mogg's Comments that Conservatives Introduced Voter ID to 'Gerrymander' Elections". Byline Times. 23 May 2023. Retrieved 8 July 2023.
  40. ↑ "Tonight with Andrew Marr 15/05". LBC. 15 May 2023. Event occurs at 23:40-24:50. Retrieved 8 July 2023.
  41. ↑ "Letter dated 17/05/2023 from Lee Rowley MP to Helen Morgan MP regarding voter identification in polling stations in Great Britain as raised in a point of order. 2p". Deposited Papers, UK Parliament.
  42. ↑ "The Elections Bill, Report"., page 24
  43. 1 2 "Letter from Commissioners: Strategy and Policy Statement measures in the Elections Bill". Electoral Commission. 21 February 2022. Retrieved 7 September 2022.
  44. ↑ "UK elections watchdog warns bill threatens its independence". the Guardian. 21 February 2022. Retrieved 30 April 2022.
  45. ↑ Armitage, Emma (11 July 2023). "The Electoral Commission: An Independent Body?". Mishcon de Reya LLP. Mishcon de Reya LLP. Retrieved 29 July 2023.
  46. ↑ Macaskill, Andrew; Maclellan, Kylie; Ravikumar, Sachin; Ravikumar, Sachin (26 May 2023). "More than 13,000 people in England denied vote due to new ID law, Reuters survey shows". Reuters. Retrieved 23 June 2023.
  47. ↑ "ID rules stopped 14,000 people voting, watchdog finds". BBC News. 23 June 2023. Retrieved 23 June 2023.
  48. ↑ Walker, Peter; editor, Peter Walker Deputy political (23 June 2023). "Voter ID: 14,000 were denied vote in England local elections, watchdog finds". The Guardian. ISSN   0261-3077 . Retrieved 23 June 2023.{{cite news}}: |last2= has generic name (help)
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