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We must know that poll results can be trusted

The counts begin today at three of the four Sussex councils holding local elections. Yesterday The Argus revealed fundamental flaws in the voting system which could allow widespread fraud.

So will the results be a fair reflection of the will of the people?

Social policy expert Stuart Wilks-Heeg calls for reform of election law.

Tonight, as party representatives, pundits and psephologists begin to debate the implications of the local election results, one issue will dominate - six months on from the general election that never was, how has Gordon Brown fared in his first electoral test as Prime Minister?

The minority of us intrigued by such questions know the drill. As the results flow in, maps of council control will be generated, colourcoded in red, blue and yellow.

The parties' net gains and losses will be calculated. Political commentators and academic experts will assess the significance of these statistics and others such as regional variations in swing.

Hypothetical general election outcomes will be projected, using computer-generated representations of the House of Commons.

And ultimately, a judgement will be reached about whether Gordon Brown has passed his first electoral test, albeit with twothirds of registered voters failing to cast ballots.

For many electoral administrators, however, spending last night supervising election counts across England and Wales, the local elections will represent a test of something more fundamental.

Following an annus horribilis for the British electorate in 2007, in which numerous flaws in British electoral procedures were exposed, the local elections of 2008 arguably represent a test of the very integrity of the British electoral processes.

A year ago, elections to the Scottish Parliament were marred by a dramatic rise in the number of rejected ballot papers, arising from poor ballot paper design and, again, problems with electronic counting.

When the independent Gould report on the planning and management of the elections was published five months later, it concluded that the voter was treated as an afterthought.

Similar sentiments might have been expressed in relation to some of the pilots of electronic voting and electronic counting in the May 2007 local elections.

Following persistent problems, e-counting pilots were abandoned in Breckland, Warwick and Stratford in favour of manual counts, while an ambitious e-voting pilot in Swindon was bedevilled by problems with network connectivity.

While none of the outcomes of these elections were ultimately disputed, a legal challenge to the result in the Central ward of Slough Borough Council in 2007 highlighted even more serious concerns.

A Conservative councillor was found to have committed largescale postal ballot fraud, mirroring convictions of Labour Party representatives in Blackburn in 2002 and Birmingham in 2004.

The Slough case represented the first conviction for electoral fraud since the passage of the 2006 Electoral Administration Act, designed to strengthen safeguards against fraud.

As such, the verdict on the Slough case reinforced the view reached by a Council of Europe monitoring report issued just two months previously: "It does not take an experienced election observer, or election fraudster, to see that the combination of the household registration system without personal identifiers and the postal vote on demand arrangements make the election system in Great Britain very vulnerable to electoral fraud."

While 2007 was a bad year for the electorate, it could have been much worse. After the 2007 local elections, detailed evidence was assembled by the Association of Electoral Administrators (AEA) pointing to the pressures imposed on electoral administrators by constant legislative change, short election time-frames, problems with suppliers and inadequate resources.

There is consensus among electoral administrators that, had an election been called for November 2007, administrative problems could have prompted genuine concerns about the legitimacy of the result.

With electoral administrators still engaged in the process of updating registers, an autumn election could have disenfranchised one million voters, in addition to the estimated 3.5 million who have long since disappeared from the register. Millions more voters who had requested postal ballots risked being potentially disenfranchised by the aftermath of October's postal dispute.

At the time, the chief executive of the AEA, John Turner, warned that an autumn 2007 general election would "probably be the worst in living memory".

While the Government continues to insist that appropriate safeguards are in place, the Electoral Commission has repeatedly called for more stringent measures to enhance ballot security and, most recently, a suspension of electoral pilot schemes.

At the end of 2007, it began its own detailed review of the legal and policy frameworks for elections in the UK, arguing that "the most important challenge facing all of those involved in running elections is to reaffirm a shared commitment to putting electors at the heart of electoral policy and decision-making".

There is much more at stake here than the technicalities of administrative or legal practice.

When experienced international election observers conclude that elections "are very vulnerable to electoral fraud", it is clear that the integrity of our electoral process should be a matter of great, and immediate, public concern.

So, what is to be done? It is likely that root and branch reform of British electoral law and administration is required. The task may be less onerous than it might seem.

Many viable solutions to the problems that have emerged in recent years are already in place in one part of the British Isles.

Over the past decade, electoral reforms introduced in Northern Ireland have provided for more accurate electoral registers, strengthened the role of electoral administration, sharply reduced accusations of malpractice, and raised public confidence in the electoral process. Somewhat ironically, the task of emulating these achievements in mainland Britain is the key challenge facing electoral policy today.

  • Stuart Wilks-Heeg is a lecturer in social policy at the University of Liverpool.

    12:39pm Friday 2nd May 2008

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