Agenda item

To consider the attached report.

Contact Officer:  Mat Bloxham

The Committee received an update on the implementation of Elections Act 2022 in

Buckinghamshire. The Act changed the way UK parliamentary elections, local

elections, referendums and police and crime commissioner elections and electoral

registration was administered. The headline change was the new requirement for electors to show identification when they vote at a polling station from 4 May 2023, however the more technical changes to electoral registration, being implemented in phases, were also significant. Some of the Act’s forthcoming changes were subject to Statutory Instruments being made.

The Electoral Services Manager reported that the main changes were as follows:-

·       For elections held on 4 May 2023 onwards, electors would be required to show an approved form of photographic identification before voting in a polling station. For example, a passport, driving license, immigration document, a PASS card, Ministry of Defence Form 90, concessionary travel pass (excluding railcards) and national ID card were acceptable. It did not matter if the photo ID had expired, provided that the photo remained a true likeness of the person.

·       For elections taking place from May 2023, the Returning Officer would have a general duty to take all reasonable steps to support voters with disabilities. Whilst there was already a requirement to provide support to electors with disabilities this was being widened to move away from prescribed measures. From May 2023, voters would also be able to receive assistance from a companion over the age of 18.

·       A polling district and polling places review would be carried out later in the year once the new boundaries for both Parliamentary constituencies and the new wards for Buckinghamshire Council have been published. This review would include another assessment of accessibility.

·       From October 2023, electors would be able to apply for an absent vote (postal & one off proxy) online. Electors could already register to vote via gov.uk, and this would be extended to include absent vote applications. Absent vote applications could continue to be made on a paper form. The applicant’s identity would be checked as part of the absent vote application. This was already in place for new applications to register to vote.

·       From May 2024, EU citizens would no longer automatically be eligible to register to vote, vote and stand for election. This would apply for all local elections, referendums, Police and Crime Commissioner elections and those where the local election franchise was used. Going forward voting and candidacy eligibility for EU citizens would depend on the date of the citizen’s residency in the UK and any bilateral agreements in place between the UK and EU member states.

·       From January 2024, the current 15-year limit on voting rights for British citizens living overseas would be removed, and overseas electors would be able to register at an address where they were previously registered, or if they were never registered, where they were last resident.

During discussion the following points were noted:-

·       A Member referred to an upcoming Neighbourhood Referendum and asked what communications were taking place to alert local residents about voter ID requirements. The Electoral Services Manager reported that poll cards would be sent to registered electors before polling day and would include information about the new photo ID requirements. There would be additional publicity such as social media, flyers and notices leading up to the poll. A communications strategy had been developed for raising awareness across the whole of Buckinghamshire which would include utilising social media.

·       Concern was expressed by a Member if a voter did not have photo ID especially those from hard to reach groups. In response it was noted that any elector who did not have any of the acceptable forms of photo ID could apply for a voter identity document free of charge. This was known as a Voter Authority Certificate (VAC). A VAC shall remain valid as long as the photo remains a true likeness of the elector. They were expected to last around 10 years. Electors could apply for a VAC online https://www.gov.uk/apply-for-photo-id-voter-authority-certificate. Just under 100 electors have applied for a VAC in Buckinghamshire since the service went live in January. The deadline to apply for a VAC was 5pm six working days before polling day. A further question was asked about people where English was not their first language. The Electoral Services Manager replied that they had been working with Communications and the Communities teams to identify where to focus particular publicity. For example, flyers would be produced in different languages and guidance from the Electoral Commission on how to target hard to reach groups would be followed. If Members were aware of any particular hard to reach groups and had suggestions on raising awareness they were invited to contact the Electoral Services Manager.

·       Another Member expressed concern about the legislation itself in terms of it potentially disenfranchising some residents who did not have valid photo ID. He also referred to the new fees and charges and what additional costs these new processes would incur to Councils and once clarified that Members should be informed. Members noted that the Department for Levelling Up Housing and Communities (DLUHC) have advised that they would shortly be issuing new guidance on the fees to pay polling staff in light of the Election Act changes. The current fees paid to election staff were set out in the Council’s Fees and Charges Order which was agreed before the combined local and Police and Crime Commissioner Elections held on 6 May 2021. It would therefore be necessary to review the fees currently paid to election staff, and to keep these under review, in light of new responsibilities for polling staff, changes to neighbouring Council’s fees and any updated guidance from the DLUHC. A further Member was also concerned about the cost involved particularly when there had only been a small number of allegations put forward regarding personation (election fraud) and the impact this would have on voters who had no access to the internet, photo ID or had language issues. The Electoral Services Manager commented that the Electoral Services Team could assist residents completing VAC applications which included taking the photo for them if required. Applying for a VAC was a similar process to registering to vote and voter ID requirements would be highlighted during the next annual canvass during the summer.

·       Further guidance on polling staff fees was expected from Government imminently. When reviewing polling staff fees officers would work closely with neighbouring councils such as Milton Keynes Council who had set their fees for their elections this May and our officers also took part in a Working Group with DLUHC.

·       Postal votes were not directly affected by the new Voter ID requirements but there would be new processes brought in place for these. For example, from October 2023 residents could apply for a postal vote online which would include having the voter’s identity checked and would apply for a maximum period of 3 years. To reduce the risk of fraud further new restrictions were also being introduced by legislation such as limiting the total number of postal votes that one person could hand deliver to Council offices and polling stations. From 1 December 2023, there would be a ban on campaigners handling postal votes.

On a vote being taken on the recommendation (proposed by Cllr Chapple, seconded by Cllr Mordue) it was:-

RESOLVED

1) That the changes to electoral registration and election processes arising from the Elections Act 2022, including the requirement for electors to show valid photo ID when voting in person at a polling station from May 2023, be noted.

2) That the Head of Democratic & Electoral Services; Electoral Services Manager, Deputy Electoral Services Manager; and Senior Electoral Services Officer be appointed Deputy Electoral Registration Officers with powers to issue Temporary Voter Authority Certificates.

3) In light of the additional responsibilities and implications arising from the Elections Act, authority be delegated to the Returning Officer to review, keep under review, and amend as necessary the Fees and Charges Order for all future elections, having regard to guidance issued by the Department for Levelling Up, Housing & Communities.