Posts by Fair Vote Project

We Told Downing Street: No to Voter ID

08/09/2021 Posted by News 0 thoughts on “We Told Downing Street: No to Voter ID”

On Tuesday, our director Kyle Taylor went to 10 Downing Street along with representatives from the Electoral Reform Society, My Life My Say, Hands Off Our Vote and 38 Degrees to deliver 290,000+ signed petitions telling the Government to scrap dangerous plans for voter ID.

We also delivered a letter, signed by a broad coalition of civil society organisations and academics, reminding government that more than 2 million people lack photo ID and that the plans (by Government’s own figures) could cost up to £20 million per general election.

The mobilisation efforts around voter ID have been strong across civil society and the public. All of the evidence simply points to the fact that voter id will keep people away from the polls, cost millions, and solve absolutely nothing.

A data driven, peer reviewed study of voter ID pilots by Professor of Political Science & Public Policy Toby S. James (University of East Anglia) and Senior Lecturer Alistair Clark (Newcastle University) found that voter identification measures “had little effect on the security of the electoral process” and that they actually “led to some voters not casting their ballot, either for reasons of convenience and availability of suitable forms of ID, or reasons of principle and protest.”

Voter ID, along with the limitations on postal voting that are also provisioned in the Elections Bill, are US Republican-style policies designed to limit voting and make minority rule a reality. The US recently had a minority-elected President nominate lifetime Supreme Court appointments that were confirmed by a minority-elected Senate. Voter suppression measures in Texas allowed for fringe beliefs to become state law at the behest of minority-elected state legislators. The dangers of voter suppression are palpable and we do not want to see the UK move in this dangerous direction. This is a truly critical moment for the future of UK democracy.

Supporters of voter ID often bring up Northern Ireland and EU countries with mandatory voter ID, but this is not an apt comparison. The implementation of ID in Northern Ireland had a significant negative effect on voter turnout, as many are predicting will be the case here. Additionally, EU countries already have mandatory state ID card schemes which include free provision of ID for all citizens. The UK’s scheme wants to create a registration based process (ie not automatic) for “electoral identity documents” administered independently by over 300 councils (in England alone), each with their own funding limitations. We still don’t know how long it will take to arrive, or how difficult it will be to acquire. If you need to travel to a distant council office to get it, or take time off work, or are a Council tax payer, that’s not ‘free’ ID. Many will be unable to complete the registration process in the allotted time or travel to pick up the document (assuming the councils are even able to fund these plans). 

As the Elections Bill has just passed its second reading and is moving to Committee Stage on the 15th, we are urging the Government to pause and re-think this bill. The cost figures come from the largely buried impact assessment of the bill, which estimates that the bill’s provisions could cost as much as £180 million over the next 10 years. We urge the public and the Government to consider what we are actually getting for that price.

We are not alone. We, along with the 290,000+ petition signers and a 61 org strong democracy defense coalition, will not see voters disenfranchised in this country or minority rule made a reality.

Stand with us and tell the government: No to Voter ID.

What Would a Robust Elections Bill Look Like?

27/08/2021 Posted by News 0 thoughts on “What Would a Robust Elections Bill Look Like?”

The UK’s electoral system is broken in multiple ways. Fair Vote UK and our ally organisations are fighting a multi-front policy battle to ensure that voting is fair, easy and safe. The Electoral Integrity bill, an extensive policy package due for its second reading when Parliament returns in early September, represents a massive opportunity for those of us that want to bolster our electoral system against nefarious actors and authoritarian threats. While the bill gets a lot wrong in certain areas, it inches towards sensible reform in others. The UK hasn’t had meaningful electoral reform in years, and this bill needs to correctly interpret the threats posed to democracy in the age of shadow campaigns, dodgy data and encroaching authoritarianism. Instead of dwelling on what this bill is (as we’ve been doing for months now), let’s discuss what it should be. 

What would a robust elections bill actually look like? 

First, let’s get rid of the worst parts of the bill – those that add no value and in some cases actually pose serious risks to the health of our democracy.

Provisions for mandatory voter identification would need to be scrapped. Voter ID is a controversial policy that threatens to disenfranchise millions of voters and cost millions of pounds. For more information on why voter ID needs to go, please read our take on voter id or Electoral Reform Society‘s fantastic in-depth analysis of the policy.

Similarly, new requirements for postal and proxy voting also need to be tossed out. New requirements would mandate that postal voters re-apply every 3 years (before every general election), and there is no clarification on what problems these measures are even attempting to solve. The reasoning here harks back to Donald Trump’s completely unsubstantiated allegations about connections between postal voting and voter fraud. Much like voter id requirements, this is straight out of the Republican voter suppression playbook. This section of the bill also limits proxy voting and bans political campaigners from handling postal votes, citing voter fraud and ‘postal vote harvesting’. There is simply no evidence that these are real issues.

The bill also, against the recommendations of the CSPL’s report on regulating election finance, encroaches on and politicises the Electoral Commission by removing its prosecutorial powers and making it beholden to the (Conservative-dominated) Speaker’s Committee. The Commission, a vitally important democratic institution, can only function properly when its independence is preserved. No institution has more embedded knowledge of electoral law than the Electoral Commission.

A robust Elections Bill would increase the Electoral Commissions funding, maintain its prosecution powers, and grant it unlimited fining capabilities for election offenses. To go even further, oversight of local candidate financial reports could be shifted to the Commission, and regional offices could be set up around the country that operate outside of regulated election periods.

Those are the worst parts. Next, there are the aspects of the bill that move in the right direction, but don’t quite go far enough to constitute meaningful reform.

The political finance section of the bill, for example, contains some decent provisions:

  • Third-party campaigner registration: This measure will introduce a new ‘lower’ tier of registration with the Electoral Commission for third parties spending above £10,000 across the constituent parts of the UK but less than the current per-country registration thresholds. Groups in this ‘lower tier’ would be subject to basic transparency requirements and would need to be UK-based or otherwise eligible to register.
  • Restriction of all third-party campaigning to UK-based entities and eligible overseas electors: This will restrict third-party campaigning during a regulated period to only those groups eligible to register with the Electoral Commission, even those spending below the registration threshold.
  • Ban on registering as both a political party and a third-party campaigner.
  • Restrictions on coordinated spending between parties and third parties.
  • Asset and liabilities declaration for the registration of new political parties.

This is a good start, but a robust bill would have a much lower spending threshold to require registration with the Commission, perhaps £1000 instead of £10,000. Third parties can do a lot of damage without spending more than £10,000.

Here are some other additions that would make these political finance reforms more meaningful: 

  • Require exit audits for parties and third parties at the end of each regulated election period.
  • Include market-based costs of data-sets (those used to target political advertisements) in spending regulation sums.
  • All non-cash donations should be subject to permissibility checks. Cash donations over £20 should be subject. This would be supported by a national, networked electoral roll to help smaller parties manage the added workload this change would necessitate. It is impossible to be certain that one nefarious actor is not making repeated gifts “just under the limit” using multiple aliases, or “proxy donors”, as Oxford Professor Jacob Rowbottom argued in written evidence for the APPG on Electoral Campaigning Transparency’s 2020 report Defending Democracy in the Digital Age
  • Corporate donations should be required to come from profits declared in the UK. We don’t want shell corporations channeling foreign money into our elections (read more about this here).
  • Standardise all financial reporting.
  • Streamline national vs local spending with a per-seat cap on total spending.  This is necessary to unblur the line between local and national party spending as exacerbated by digital campaigning tactics. Targeted online advertising is a prime example of a campaign tactic that could be considered national or local. More broadly, this provision helps to reduce the existence of “democracy deserts” by limiting an inundation of money to very few traditionally competitive seats, broadening reach and engagement in the democratic process. 

Note: the CSPL’s report on regulating election finance contains a number of other recommendations that would be much stronger than what is currently in the Electoral Integrity Bill. Read our full analysis of that report here

Another area that could be strengthened is digital imprints. While we have long advocated for the introduction of a digital imprints regime, the one laid out in the bill leaves concerning loopholes. A robust bill would tighten the wording to ensure that embedding the imprint on the actual material (not on the account page or somewhere else) is compulsory. We also want to see imprints that mention why the viewer was targeted.

The Electoral Integrity bill has a few other sections, which we either support or don’t feel are generally harmful enough to oppose. These include:

  • Increasing the accessibility of polls to those with disabilities, which we support unequivocally.
  • Clarification of undue influence. This seeks to crack down on intimidation/threats/manipulation of voters to affect the outcome of their vote.
  • Scrapping the 15 year limit on overseas electors’ right to vote in UK. This is good, but we should note that this pro-democratic logic should be applied to other sections of the bill such as Voter ID and postal voting. 
  • EU Voting and candidacy rights.

We’ve established now that a robust Elections Bill would do away with voter ID and postal voting restrictions, strengthen and maintain the independence of the Electoral Commission, contain more impactful campaign finance reforms, and establish a fleshed-out digital imprints regime. However, the bill could go even further than that.

A truly impactful bill would include more measures to ensure transparency, enforce accountability, and encourage trust in UK democracy with an evidence-based approach to countering real threats (as opposed to non-existent ones like ‘postal vote harvesting’).

Here are some ways the bill could go above and beyond: 

  • Introduce automatic voter registration (AVR). A report commissioned by the Joseph Rowntree Reform Trust defines AVR as the direct enrollment of citizens onto the electoral register by public officials, without the need for pro-active action by citizens”. There are a number of options for implementation. For more information, read the Electoral Reform Society’s overview here.
  • Strengthen pandemic-related election safeguarding measures. As the COVID-19 pandemic continues and global society runs the risk of fighting more pandemics in the near future, this bill should protect the integrity of our elections in the post-pandemic social landscape. For more information on this, read our report Democracy in the Age of Pandemic.
  • Create an office for Election Integrity. An Office for Election Integrity—a COBRA for elections—should be convened quarterly outside election time and twice-weekly during an election period. It would promote efficiency in interagency cooperation around these issues, so that the ICO, Electoral Commission, Ofcom (in its capacity as Online Harms regulator) and any other relevant regulatory bodies are pooling their resources, knowledge and expertise. 
  • Digital Advert Libraries. The CSPL’s election finance report recommended that “the government should legislate to require social media platforms that permit election adverts in the UK to create advert libraries that include specified information.” These libraries would be required to contain information including: precise figures for amounts spent, rather than ranges, who paid for the advert (for targeted adverts), information about the intended target audience of the advert and the types of people who actually saw the advert. They would be required to be submitted to the Electoral Commission. 
  • Ban foreign entities from buying campaign advertising in the UK. As recommended by the CSPL, this would ease concerns about electoral manipulation and help restore trust in democracy.

We can’t hope to list them all. There are many organisations working tirelessly to come up with meaningful reforms to our electoral system that would help it stand against 21st century challenges. The problems of our time can be tackled in different ways, but certainly not with further restricting who can vote and wasting taxpayer money on non-solutions like voter identification.

Realistically (and unfortunately), we aren’t going to see the perfect, idealised version of the bill we’ve just laid out. We can, however, make it miles better than it stands currently. With the help of our partner organisations we are pushing hard to reform the bill in the most important places. We’re working tirelessly on specific amendments to the bill that will push it in the right direction. Millions of peoples’ ability to vote is on the line.

The purpose of this exercise was to demonstrate how unfortunate it is that we have to fight a piece of legislation entitled the ‘Electoral Integrity Bill’. Integrity in our electoral system is of critical importance. It could be a groundbreaking, revolutionary reform package that ushers in a golden age of UK democracy. Unfortunately, it falls far, far short of that mark.

Let’s make this into a bill that actually does what it says on the tin. 

Voter ID Will Not Bolster Electoral Integrity

20/08/2021 Posted by News, Uncategorized 0 thoughts on “Voter ID Will Not Bolster Electoral Integrity”

As the debate on mandatory voter identification continues in the UK, the realities of such requirements are plainly visible across the Atlantic.

The US has been having this same debate since the Jim Crow era.  Seven Republican-dominated US states now have voter ID laws as strict as what the UK Government is proposing. These laws are implemented by state governments that also gerrymander, purge voter roles, and restrict voter registration. A lot of this legislation came directly in the wake of Democratic victories at the state level in 2020. It’s clear what their goal is.

One such bill in Georgia, SB241, included measures to end voting by mail without providing a reason alongside stringent voter id requirements. This brings to mind the UK Government’s proposals in the Electoral Integrity Bill to limit postal voting by requiring voters to re-apply every 3 years (before every general election). More similar still, Republican representatives pointed to voter fraud risk when challenged on the legislation’s intentions. The same boogeyman was used for the same purpose: disenfranchising the poorest and most vulnerable in society.

Nevertheless, the UK Government continues to back plans for voter ID requirements, despite the fact that these requirements will alienate voters and cost taxpayers millions of pounds. In response to a petition to require ID verification for social media usage, this same Government even directly stated that “3.5 million people do not have a valid photo ID”.

Renfrewshire SNP Councillors wrote in June to the Prime Minister, accusing the UK Government of “attacking the poor”. They’re correct to think so. The Government’s own commissioned research has demonstrated that vulnerable groups were less likely to hold any form of photo ID.

Chloe Smith MP responded that the Government would continue with its plans. Echoing US Republicans, she stated that voter fraud is “a crime we cannot allow room for.” This response, dubbed a “whitewash” by the SNP Councillors, neglects to address any of the tangible concerns that many people in the UK have regarding voter id requirements. Our friends at the Electoral Reform Society hope to use the incident as a case study.

Voter fraud itself is practically non-existent, mentioned solely as a justification to allow for draconian controls on who can vote and who can not. Funnily enough, it doesn’t seem to come up much in other contexts. According to the Electoral Commission, only 4 convictions for voter fraud occurred in the 2019 general election (this tiny number is also higher than in many previous elections).

Additionally, the Voter ID section of the bill leaves a startling amount undecided. How will Councils orchestrate the supposed ‘free election identification document’ for everyone? how will it be paid for? how is this actually going to work? The bill makes provisions for ministers to make many of these decisions down the line, leaving the scale of possibilities frighteningly wide.

The worst part of all of this is that the UK electoral system is in dire need of reform. We need to better regulate third parties, expand voting access, and modernise our democracy to be fit for the digital age. We don’t need to be ripping out pages of the US Republican playbook.

Some parts of Chloe Smith’s Elections Bill even take small steps in the directions we need to be moving in, such as campaign finance and digital imprints. All of that progress is eradicated when you include policies like voter ID, part of a US policy package that American voting rights activist Stacey Abrams calls “a redux Jim Crowe in a Suit”.

Those of us that care about the integrity of the UK’s electoral system have many ideas on how to fix it, but first we need to take blatant voter suppression policies off the table.

New CSPL Report on Regulating Election Finance

08/07/2021 Posted by News 0 thoughts on “New CSPL Report on Regulating Election Finance”

On Wednesday the 7th of July, the Committee on Standards in Public Life released their 167 page report on regulating election finance, containing 47 recommendations to streamline electoral regulations and protect elections from foreign interference and dark money.

Built on months of testimony from civil society, academia, government and regular people, the immense report makes strong points about the flaws present in our electoral system. Not only does Fair Vote UK support many of the 47 recommendations laid out in this report, we strongly agree with the underlying message that our regulatory regime is in desperate need of an upgrade.

Read our full analysis on the report here.

Analysis: July 5th Elections Bill

06/07/2021 Posted by News 0 thoughts on “Analysis: July 5th Elections Bill”

The Elections Bill covers a lot of territory and deserves adequate time in Parliament for its vast implications to be properly scrutinised. While there are some small positive steps in certain areas such as election finance, overseas electors and digital imprints, these are unfortunately nullified by the bill’s regressive stipulations, including voter ID and the curbing of the Electoral Commission’s independence and prosecutorial capabilities. 

Where positive, the bill often doesn’t go far enough (as in the case of election finance) or leaves significant legal loopholes (digital imprints). 

Fair Vote UK welcomes the effort to protect democracy, but our years of experience and research indicate that this bill will not accomplish that task to anywhere near the degree that democracy requires in the digital age.

Voter Identification: 

Schedule 1 of the bill addresses Voter Identification. Amending RPA 1983, it mandates that a valid form of photo identification must be produced at polling stations. Acceptable IDs include passports, driving licenses, concessionary travel passes, and photocard parking permits. Notably, student ID cards, student travel cards, and other forms of identification likely to be held by younger people are omitted from the list of valid IDs given in the bill. 

The bill does stipulate that voters can apply for free electoral identification cards if they lack any valid form of identification (as well as an anonymous elector’s ID with an electoral number in lieu of one’s name). Applications for ID may be discarded if certain deadlines are not met or certain information is not provided, potentially leaving voters with no recourse to vote if they are not fully checked in to the process. People with full-time jobs, young children, serious illness or other time-consuming life circumstances who lack valid ID may not have time to deal with this new process. 

Generally, even with free ID cards available, this legislation serves only to wedge a new and unnecessary layer of bureaucracy between would-be voters (especially members of marginalised groups) and their democratic right to a vote for no evidence-based  purpose whatsoever. It will cost millions of pounds to issue these identification cards nation-wide, and an estimated £17.9 million each election to administer.

There is no doubt that this will result in more eligible voters being turned away from polling stations. Voter fraud is not a serious problem and this treatment is far worse than the alleged disease. 

Fair Vote UK believes voter ID is a waste of time, effort, and taxpayer funds. Several prominent Conservative MPs agree, including David Davis MP, who said that voter ID “will potentially disenfranchise thousands of people” and that it is an “illogical and illiberal solution to a non-existent problem.” 

Postal and Proxy Voting Measures: 

Schedules 2 and 3 address changes to postal and proxy voting. 

Those who vote by post in the long-term will be required to re-apply every 3 years to do so. This is completely unnecessary and, like Voter ID, only serves to ultimately limit the number of people casting votes in any given election. 

To combat what Chloe Smith MP calls “postal vote harvesting”, the bill will also ban campaigners from handling postal votes. No evidence is provided to suggest this is actually a problem. 

The number of people on behalf of whom a person can vote by proxy is limited to four. Of those four, no more than two can be non-service or overseas voters. We disagree with this as it could potentially affect certain families and co-habitants that depend on proxy voting to cast all of their votes. 

Clarification of Undue Influence: 

Schedule 4 addresses deception and intimidation of electors at polling stations or elsewhere in order to affect the outcome of their vote. 

Notably, calling into question the validity of the electoral process or election administration can also amount to undue influence. This is a welcome change though again, no evidence is provided to suggest this is a serious problem. 

Accessibility of Polls: 

This section encourages election officials to make polling stations more accessible for citizens with disabilities and removes restrictions on who can act as a companion to disabled voters. This is absolutely welcome. 

Overseas Electors:

Schedule 6 scraps the 15 year time limit on overseas electors’ right to vote in Parliamentary elections. Other improvements make it easier for overseas voters to stay registered and verify their identity and connection to a UK residence. 

While an expansion of suffrage is welcome, the bill contradicts itself in that overseas voters are being re-enfranchised while the voting rights of electors living in the country itself are being limited by voter ID and postal and proxy voting requirements. 

EU Voting / Candidacy Rights: 

Schedule 7 establishes circumstances in which EU citizens in the UK can vote in non-devolved local elections. Citizens of EU nations that have voting rights agreements with the UK (Luxembourg, Spain, Portugal, and Poland) and EU citizens that have maintained residence in the UK prior to 31 December 2020 can still vote in those elections. We again welcome expanding suffrage and believe this aspect of the bill could go even further.

The Electoral Commission:

The bill introduces the ‘Strategy & Policy Statement’, which will be “developed through a statutory consultation with key stakeholders” and, crucially, approved by Parliament. The Statement will set the priorities and principles that the Commission is expected to operate within. 

The bill also increases the remit of the Speaker’s Committee (which the Commission currently reports to), making the Commission more accountable to the Committee for its “performance and delivery of general objectives”. With Westminster’s governing party holding a majority on the Committee, this would further bring the Commission under the Government’s control.

Making the Electoral Commission beholden to the Government of the day will greatly diminish its operational independence, making it a weaker and less impartial institution. This will likely erode public trust and give the party of government undue influence over the mechanisms of an Election in which they – by definition – have an interest. 

The Commission possesses a uniquely robust understanding of Electoral Law and should not be beholden to those without its same focus and expertise. This represents a serious conflict of interest, one with potentially severe consequences for free and fair elections in our democracy. 

The Electoral Commission’s capacity to prosecute will also be clearly ruled out, under the supposition that it “wastes public money” and that responsibility should remain firmly within the remit of the police and Crown Prosecution Service. This constitutes the removal of a potentially important accountability enforcement mechanism for the Commission. An already stretched CPS does not need this burden. The Commission, specialists in the area, should be given the resources and power to properly prosecute infringements of electoral law. How, exactly, is this meant to increase the public’s trust in elections?

Beyond that, another bill is in its second reading in the House of Commons that seeks to abolish the Electoral Commission entirely. While the bill looks likely to be unsuccessful, it demonstrates a consistent commitment from sections of Parliament against an independent, non-partisan Electoral Commission.

Political Finance: 

The bill introduces five new measures that attempt to curb foreign spending in UK elections and increase fairness and transparency. The five new measures are as follows: 

– Third Party Campaigner Registration

  • Third parties spending over £10,000 will need to register with the Electoral Commission and adhere to existing transparency requirements as well as indicate that they are UK-based. 

– Restriction of Third Party Campaigning

  • Only third parties that are registered with the Commission will be able to campaign during regulated election periods, whether or not they spent above the £10,000 threshold. 

– Ban on Simultaneously Registering as a Political Party and Third Party

  • It will no longer be permitted to register as both a political party and a third party. This will prevent entities from using both spending limits. 

Restrictions on Coordinated Spending Between Political Parties and Third Parties

  • Third parties and political parties that campaign jointly will be required to account for their combined costs. 

– Requirement for New Political Parties to Declare Assets and Liabilities

  • Political parties will be required to declare assets and liabilities in order to register with the Electoral Commission.

Fair Vote UK suggested actions along similar lines in our 2020 report Defending Democracy in the Digital Age. The main concern is that these actions may not be robust enough to fully address the scale of the problem at hand in terms of foreign spending and dark money political donations. 

The £10,000 spending threshold should be lower – set to 1p – and the Electoral Commission should be given the necessary capacity to fine and even prosecute infractions against election finance protocol. Whether you’re spending £1 or £100,000, any entity attempting to influence an election should be registered with the Electoral Commission.

We would like to see this section of the bill taken much further.

Our recommendations on how to do that, drawn largely from our extensive consultation, are to: 

  • Regulate all donations by reducing permissibility check requirements from £500 to 1p for all non-cash donations.
  • Increase transparency and regulation of local candidate financial reports by shifting oversight to the Electoral Commission.
  • Streamline national versus local spending limits with a per-seat cap on total spending.
  • Modernise spending regulations by instituting per-annum spending limits. 
  • Standardise financial reporting.
  • Require corporate donations to come ONLY from profits reported in the UK.
  • Third Party Political Organisations and political parties should complete an “Exit” audit after an election period before they disband.
  • Include valuations of data set costs in spending regulations

Intimidation Sanctions: 

The bill stipulates that anyone convicted of abusing a candidate, campaigner or elected official will no longer be eligible to run as a candidate themselves for five years. 

This would not function as a deterrent, as the vast majority of those who would abuse candidates/campaigners/elected officials likely have no interest in running for office.

Digital Imprints:

The new long-awaited digital imprints regime will require political campaigners to show who they are and who they are promoting material for. This applies only to all paid-for digital material. 

Elected representatives and political parties will also require an imprint if the material is digital election material, referendum material, or recall petition material. 

The paid-for vs. unpaid distinction risks the creation of certain loopholes that could nullify the effectiveness of requiring digital imprints in the first place. It is also crucial that the imprint includes why the audience is being targeted. 

Transparency in modern political campaigning should mean political advertisers are open to members of the public about the (often very specific) reasons they are being targeted with a message.

There is also no specification that the imprint needs to be visible on the material, creating yet another concerning loophole especially as the material is shared and re-shared. 

Finally, the legislation does not put a legal duty on platforms to ensure campaigners put an imprint on electronic material before it is uploaded. This is a fundamental flaw in the regime as social media companies have vast resources and it would make more sense – even purely from a practical point of view – to require the implementation of digital imprints at the upload stage rather than expecting the Electoral Commission and police to monitor compliance after the fact.  

Our Final Take:

While there are some welcome new provisions in this bill, it is clear that the driving force behind it is not electoral integrity but instead power consolidation. Making it easier to vote while living abroad but harder to vote while living in the country is blatantly contradictory and serves no purpose but to disenfranchise the most vulnerable and most marginalised in society. Explicitly eliminating the investigative and prosecutorial power of the Electoral Commission is transparently reducing the enforcement power of election law and a welcome invitation to break the law. Why weaken the independence and deterrence power of the Electoral Commission if you’re attempting to increase confidence in elections and democracy? It doesn’t make sense.

The Electoral Integrity Bill is a huge opportunity to modernise election law with several missed goals. For example, Election Day could have been moved to a weekend or been made a bank holiday to ensure people can actually get to the polls. Instead, their postal vote now expires after three years and there are even more hoops to jump through to vote on the day, including expensive Voter ID provisions that are attempting to solve a problem that evidence suggests does not exist. 

If recent efforts to actively disenfranchise voters in the USA are any indication, this bill’s greatest outcome will be to reduce democratic participation and in turn, faith in the outcome of elections. We look forward to robustly amending the bill to turn it into an actual Electoral Integrity Bill that seeks to broaden participation, deter interference and law-breaking and strengthen faith in our most cherished institution – democracy. 

Statements on Electoral Integrity Bill Reveal Concerning Contradictions

25/06/2021 Posted by News 0 thoughts on “Statements on Electoral Integrity Bill Reveal Concerning Contradictions”

On June 15th 2021, Chloe Smith MP gave a speech hosted by right wing think tank Policy Exchange on the Government’s plans to safeguard democracy from 21st century dangers. She evoked the second American president, John Adams, and cited Freedom House’s Freedom of the World Index to demonstrate the global “democratic recession” that the world is currently experiencing. 

To combat this recession, she describes the multiple pending pieces of legislation, including both the Electoral Integrity Bill and the Online Safety Bill, as part of a larger initiative to “keep the UK’s democracy modern, secure, transparent, and fair.”

Smith followed this speech with two written statements to Parliament, published on the 15th and 17th of June 2021. Both revealed new information about the Government’s forthcoming Electoral Integrity Bill.

 

Changes to the Electoral Commission: 

Smith’s written statement to Parliament on the 17th of June revealed plans to significantly alter the functioning of the Electoral Commission. In order to address perceived issues with the Commission’s accountability, the Elections Bill will include measures to introduce a ‘Strategy & Policy Statement’ to guide the Commission’s core functioning.

The ‘Strategy & Policy Statement’ will be “developed through a statutory consultation with key stakeholders” and, crucially, approved by Parliament. The Statement will set the priorities and principles that the Commission is expected to operate within. Making the Electoral Commission beholden to Parliament (and thus the Government of the day) would greatly diminish its operational independence, making it a weaker and less impartial institution.

Smith also proposed to increase the remit of the Speaker’s Committee (which the Commission currently reports to), making the Commission more accountable to the Committee for its “performance and delivery of general objectives”. In theory this is no great threat to the Commission’s independence but in practice, with Westminster’s governing party holding a majority on the Committee, it would further bring the Commission under the Government’s control. 

The Electoral Commission’s capacity to prosecute will also be clearly ruled out, with ministers arguing that it “wastes public money” and preferring to keep that responsibility firmly within the remit of the police and Crown Prosecution Service. This constitutes the removal of a potentially important accountability enforcement mechanism for the Commission. An already stretched CPS does not need this extra burden. The Commission, specialists in the area, should be given the resources and power to properly prosecute infringements of electoral law. 

The bill will also “introduce a new electoral sanction, so that somebody convicted of intimidating a candidate, future candidate, campaigner or elected representative will be banned for 5 years from standing for and holding elective office.” As most online abusers are not standing for – nor do they show any interest in standing for office, this is an ineffective and pointless deterrent. 

Beyond that, another bill is in its second reading in the House of Commons that seeks to abolish the Electoral Commission entirely. While the bill will be unsuccessful, it demonstrates a consistent commitment from sections of Parliament against the Commission.

Smith also outlined “reforms to political financing, campaigning and advertising.” Campaigners would need to register with the Electoral Commission if they are spending over £10,000 across the UK on political campaigning during election periods. This is a small step in the right direction. Ideally, all campaign organisations, third party or official, should have an exit “audit” with the Electoral Commission following the election period. 

Also mentioned was “tighter rules to reduce the risk of ineligible overseas involvement” by “ensuring that campaign spending can come only from sources that have a genuine and legitimate interest in UK elections.” This is pointing in a good direction, but genuine and legitimate are subjective terms that are hard to define concretely. Corporate donations should be required to come from profits declared in the UK. 

 

Voter ID: 

Unsurprisingly, Chloe Smith MP defended the Electoral Integrity Bill’s focus on voter fraud and touted voter ID as the solution to that alleged problem. She claimed that free ID cards will be made available to all, though it is extremely unclear how exactly that will be possible or where that funding will come from. 

As we’ve seen in trial experiments of Voter ID, more people are turned away, marginalised groups are disproportionately affected, and the increase to voter confidence is negligible. 

 

In conclusion, there are a few welcome details in Smith’s recent statements, but they are greatly overshadowed by reforms that would weaken the Electoral Commission and effectively rescind its independence. This would greatly increase the Government’s authority over the body that is supposed to oversee election regulations. It is not hard to discern the conflict of interest.

The independence of democratic institutions like the Commission is of paramount importance to the health and sustainability of our democracy. In calling to curb the Commission’s independence and touting mandatory voter ID laws, Chloe Smith erodes her own pro-democratic message.

Antitrust Investigations into Facebook are Long Overdue

08/06/2021 Posted by News, Uncategorized 0 thoughts on “Antitrust Investigations into Facebook are Long Overdue”

The European Commission and UK Regulators have formally opened antitrust investigations into Facebook.

It’s about time. 

The investigations, while not focused on the significant democratic harms enabled by the platform, are beginning to scratch the surface of Facebook’s unethical data harvesting business model, back in the spotlight again recently when a data breach of over 500 million users was made public.

The platform has nearly 3 billion monthly active users, all being discreetly surveilled in the background of nearly every single one of Facebook’s features. 

Both investigations are primarily concerned with the vast troves of user data that Facebook holds, and whether that gives them an undue advantage in the online advertising market (it seems fairly obvious that it may). The European Commission is also concerned with whether Facebook benefits from holding data on rival advertisers (again, it probably does). 

This gets to the core of why this platform is so powerful, and in terms of democratic health and societal cohesion, so destructive.

While investigating Facebook’s unfair monopolisation of digital advertising is worthwhile, it gives credence to what activists like us have been saying for years: data-driven targeted advertising, especially when it comes to political ads, is short-sighted, dangerous and unethical. Targeted controversy generates clicks, and clicks generate revenue. Facebook has a clear incentive to undermine truth and democracy.

Fair Vote UK is working to build a stronger coalition around online safety. We hope to use investigations like these as stepping stones to tackling the core problem – an immoral and unsustainable business model that is desperately calling for regulation. 

Some experts have called for nationalising Facebook, arguing that “social media platforms need to be treated like public roads, not private malls.” It doesn’t have to come to that, but Facebook’s extremely toxic business model can not go on much longer without a repeat of January 6th (or something even worse). Let’s tackle this obvious problem before it truly gets out of hand. 

We can’t do it without you. Let’s end the wild west era of technology, and usher in a more stable, regulated and ethical internet. Support us

This Year at Fair Vote UK

01/06/2021 Posted by News 0 thoughts on “This Year at Fair Vote UK”

It’s been a long year. 

Although we’ve repeatedly seen democracy imperiled by an autocratic, mismanaged government and a poorly-handled pandemic, we’ve been fighting back tirelessly for a healthy, functional and inclusive democratic system. 

Here are some of the highlights: 

– In June 2020, we launched our report Defending Democracy in the Age of Pandemic following a comprehensive consultation in April 2020. The report advocated for intensifying the digitisation of Parliament and the creation of a codified crisis-response protocol that can be rapidly applied. It maintained, however, that solutions related to elections should remain low-tech, as digital election reforms should happen during more stable periods. 

– Worked with the All Party Parliamentary Group on Electoral Campaigning Transparency to advance the 20 recommendations in our January 2020 Report, Defending Democracy in the Digital Age. We’ve made strides on recommendations #7, 8, 10, 14, 15, 16, 17 and 20, including Digital Imprints in Scotland, long-term digital education campaigns, and working with Parliamentarians towards a more robust online harms regime. To that end, we’ve replied to Full Fact’s Framework for Information Incidents consultation to advance the critically important aims laid out in our APPG report. Progress is steadily being made on other recommendations as well. 

–  Fought for an online safety regimen that is fit for purpose. We’ve criticised the government’s draft Online Safety Bill for its contradictory statutes and flimsy regulatory proposals. We’ve also participated in a virtual event in Parliament organised by a number of APPGs, the Football Association, Reset Tech, Compassion in Politics, with guest speakers Thierry Henry and Lucy Bronze to discuss the tremendous impacts of online abuse and the limitations of the draft online safety bill, cementing alliances and relationships to continue the fight for online safety. 

– Fought for our electoral integrity across every corner of the UK, strongly opposing proposed Voter ID laws and anti-protest bills that threaten to exclude UK citizens from their right to democratic participation. We’ve worked with not only the Electoral Commission but parties across England, Scotland and Wales to try and crack down on fraudulent campaigning practices and strengthen electoral systems against both digital and pandemic-related challenges. 

– Launched the Fair Play Pledge campaign with Jackie Weaver. With thousands of candidates signing the pledge both directly and through their respective political parties, we’ve not only secured commitments to champion democracy from recently elected local officials, but forged lasting relationships which will enable further democracy-strengthening work at the local level in the future. 

– Fair Vote UK’s director, Kyle Taylor, published the Little Black of Data & Democracy, a comprehensive overview of social media’s profound impact on democratic health and our own personal lives.  

A lot more is in progress – defending democracy is a constant uphill struggle, a victory that is never fully won. 

Your support made a real difference for us and this country, and will continue to in the future. We couldn’t have done any of it without you. 

We also want to thank the Joseph Rowntree Reform Trust for continuously backing our efforts and empowering us to take much needed action against the wide array of challenges encroaching on the health of our democracy. 

There is much more to come. Stay tuned.

Job Description: Legislative Director

28/05/2021 Posted by News 0 thoughts on “Job Description: Legislative Director”

Job Description: Legislative Director

Fair Vote UK is hiring a legislative director to lead in its campaigning and lobbying work around the Westminster Online Safety Bill (as it impacts democracy and society) and Electoral Integrity Bill as well as drive similar devolved legislative work in Scotland and Wales. While the position and approach have been agreed, it is now time to ensure that safeguarding and future-proofing UK elections specifically and the democratic environment broadly are prioritised.

 

In this role you’ll:

  • Work with our existing coalition of MPs to drive policy aims;
  • Expand our MP network, building relationships in all parties;
  • Do the same as above with Welsh AMs and Scottish MSPs;
  • Engage in coalition work across the democracy sector, sometimes leading, sometimes supporting, always collaborating when it makes sense;
  • Oversee the day-to-day with the campaigns and policy officer’s work;
  • Have the space to be innovative, creative and strategic.

 

Ideally, you’d have:

  • Experience constructing, amending and engaging with Parliamentary legislation;
  • Experience running public-facing campaigns;
  • Experience working in coalition with other civil society orgs;
  • Knowledge of electoral law in the UK;
  • Knowledge of big tech’s impact on democracy and the reform agenda;
  • Some public speaking/MP communication experience.

 

This role is right for you if:

  • You have 4+ years of experience, though don’t let this dissuade if you think you’ve got what it takes to deliver;
  • You are looking for a small team that is nimble, responsive and focused on outcomes over increasing twitter followers;
  • You are looking for flexibility. We aim to get the job done, not watch the clock.
  • You care about democracy and the rule of law.

 

The details are:

  • Flexible at 3-4 days a week over 5 at FTE of £38,000-£45,000 per year;
  • 12-month consultant contract with paid annual leave at FTE of 25 days a year plus bank holidays;
  • Starting as soon as possible.

 

Fair Vote UK was set up in the wake of the Vote Leave and Cambridge Analytica scandals. Our mission is to tackle the issue of data misuse, voter manipulation and lack of transparency in elections head-on. We are committed to ensuring the institutions that protect our democratic processes are fit for purpose in a digital age. The next year is consequential for this agenda.

Fair Vote UK is an equal opportunity employer. We value a diverse workforce and an inclusive culture. Fair Vote UK encourages applications from all qualified individuals without regard to race, color, religion, gender, sexual orientation, gender identity or expression, age, national origin, marital status, citizenship, disability, veteran status and record of arrest or conviction, or any other characteristic protected under the law.

 

How to apply:

  • Send a CV, covering letter, social media profiles, link to your LinkedIn or whatever you think necessary to make your case for the role to info@fairvote.uk and we’ll reply to everyone we are able to interview!

 

Self-Contradictory Online Safety Bill Falls Short

21/05/2021 Posted by News 0 thoughts on “Self-Contradictory Online Safety Bill Falls Short”

The government released its new Online Safety Bill Draft on May 12th, which the DCMS committee claims will “keep children safe, stop racial hate, and protect democracy online”. The draft bill unfortunately falls far short of what is necessary to achieve those goals. 

The new regulations impose a “duty of care” on digital platforms to monitor harmful and false content themselves. Ofcom, the UK’s regulator of broadcast media and telecommunications, is set to take on the additional role of internet watchdog, with powers to sanction companies as much as £18 million or 10% of global turnover (whichever is higher). It will also have the capacity to block access to sites entirely. 

The legislation, attempting to carve out protections for journalism and freedom of speech, ultimately contradicts itself. Online publication websites will not be in scope of this legislation, and articles shared on social media from “recognised news publishers” will be exempted from the usual requirements. Platforms will have to grant fast-track appeals processes to journalists whose content was removed, and “will be held to account by Ofcom for the arbitrary removal of journalistic content”, according to the DCMS committee. This creates a safe zone for certain types of content, which unfortunately are very poorly categorised. 

For example, the legislation sets out provisions for citizen journalists, whose content will be treated the same as professional journalism content – that is, exempt from hate speech and misinformation requirements. Anyone can be a citizen journalist and use those provisions to spread hateful speech or false and misleading content. 

Similarly, “political opinion” is protected from the new requirements, allowing racist, homophobic, transphobic speech to be laundered as “political” and therefore out of scope. 

The legislation attempts to frame tech regulation as a free speech issue which is misleading and inaccurate. Nobody is arguing that a person doesn’t have a right to free speech. The use of a privately owned social media company’s platform to freely reach millions of people regardless of the harm caused is not even comparable.

The problem is that the legislation, in the name of free speech, provides no functional mechanism for distinguishing between content that is in scope and out of scope, giving tech companies the capability to ignore their duty of care in many, many instances. 

This gets to the core of why this legislation falls so short – social media companies are still largely responsible for regulating content on their platforms and the bill gives them many openings to neglect doing that duty diligently. 

The core cause of harm online has more to do with the for-profit business model and the algorithm-driven delivery that all favour extremist content because it drives more engagement, which leads to more ad sales, which leads to more money. These companies are never going to tackle the problem on their own, and as long as bills like this one give them a viable excuse to not enforce and moderate properly, they will continue not to. Supposed “self-regulation” models – like the Facebook Oversight Board –  are not viable for the same, very obvious reason: platforms are not fit to regulate themselves because their business interests diverge from societal interests. Could you imagine allowing big tobacco to set up and fund their own oversight board to make determinations about who they should sell cigarettes too? It’s utter nonsense disguised by a layer of legitimacy. These companies will not make hard choices that hurt their bottom line. It’s up to the democratically elected governments to step in on behalf of citizens, with societal concerns at the forefront.