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Equality Issues on Polling Day and the Count

1. Attached to this briefing note (Appendix 1 below) is some guidance and advice of the overall roles and responsibilities of polling agents, counting agents, tellers and additional guidance/information on polling day and count arrangements.  Additionally, there are clearly some associated equality, dignity and respect matters in terms of what is considered to be reasonable and acceptable behaviour during the course of the election process and timetable, and this short protocol aims to address some of those issues.

2. The County Returning Officer, the six Deputy Returning Officers, the Police and all those involved in administering the electoral process are committed to ensuring that the County Council Elections on 4 June 2009 arte conducted in a fair and inclusive manner and in accordance with the rules.  Clearly, there has to be some guidance principles that form the standards of behaviour expected of all participants in the electoral process and this short protocol will be issued to all Deputy Returning Officers, candidates and election agents who in turn are asked to ensure its appropriate distribution to their appointees involved in the electoral process.  These principles support and consolidate 'the local Code of Conduct for political parties, agents, candidates and canvassers' being issued by the Office of the Regional Returning Officer for the North West in connection with the European Parliament Elections 2009.

3. Any candidates, agents and supporters attending a polling station should behave in a calm and reasonable manner and refrain from attending in large groups or behaving in a loud intrusive or intimidating way.  The Police, in partnership with the Deputy Returning Officer, will seek to monitor the situation at polling stations throughout the County and respond robustly to any breaches of the standards set out in this protocol.  Political parties, candidates and their agents will be expected to direct, manage and influence persons attending in support of their candidacy.

Any agents, candidates or supporters attending the proceedings at the receipt of postal votes and/or the count should behave in a calm and reasonable manner and not in a loud, intrusive or intimidating way.

4. Reference is made in the briefing note to the roles of the tellers in and around the polling stations and the guidance aims to ensure that tellers, party activists, agents, candidates and polling station staff know what is and is not acceptable when canvassing in and around polling stations.

5. Polling station staff will not allow TV or video cameras into the polling station.  Any reports of voters being photographed or filmed entering or leaving a polling station will immediately be reported to the police.  Such activities are considered to be intimidating and unacceptable.

6. All campaiging will be orderly, reasonable and inoffensive.  Activities involving large groups sustained activity directed at individuals, or highly intrusive methods may be reviewed as falling below this standard.

7. All public meetings will be conducted in an orderly manner that does not disrupt the transaction of the business of the meeting.  Disorderly means 'an offence against good manners, a failure of good taste, a breach of morality, likely to cause distrurbance or to annoy others considerably'.

Public Meetings in County Council premises will have additional requirements that are linked to the Council's Equality Scheme.  Firstly all political parties would have to sign a document that commits them to the Council's Equality policy.  This will include a statement that the meeting is open to all members of the public regardless of race, age, gender, sexual orientation, religion/belief and disability.  A party's refusal to sign this document could lead to the Council being in breach of discimination law, and the Council would have the right to refuse a party's access to their premises.

8. All campaign material is subject to a number of restrictions under electoral law together with restrictions under the general law.  It is an offence to make or publish a false statement of fact about the personal character or conduct of a candidate in order to affect the return of a candidate at an election, an offence to make a false statement of a candidate's withdrawal.  It is also an offence to publish or distribute threatening, abusive or insulting material which is intended to stir up racial or religious hatred.

9. The Police will attend the count and will in conjunction with election officials respond robustly to any breaches of these standards, Candidates and their agents will be expected to direct, manage and influence the behaviour of persons attending the receipt of postal votes or the count on their behalf.

10. Hate Incidents are incidents reported to the police were a personl feels they have been unfairly treated on the grounds of their ethnicity, religion, gender, disability or sexual orientation.  The Council will encourage any of its staff or volunteers, during the election, to report incidents to the police if they feel harassed on these grounds by any candidates, election agents and supporters.

Diane Wood
County Returning Officer
1 May 2009

 

Joel Rasbash
Equality and Cohesion Manager
Cumbria County Council

 

Page Author: Martin Kennedy
Phone: (01228) 226358
Email: martin.kennedy@cumbriacc.gov.uk

Page Editor: Allison Wright
Phone: (01228) 226369
Email: allison.wright@cumbriacc.gov.uk

Page Refresh Date: N/A

 




 

Appendix 1

As well as an election agent, candidates can also appoint people to work on their behalf on polling day in polling stations and at the count.

  • There is no obligation to appoint polling agents, counting agents or tellers
  • Candidates can also act as their own polling or counting agent        

Polling Agent

A polling agent can attend their designated polling station to observe the conduct of the election.  For example they can

  • Observe the opening of the poll and witness the Presiding Officer sealing the ballot box
  • Detect personation and prevent people from voting more than once at the same election
  • Report to their election agent/candidate any improper occurences and retain notes for use in giving evidence to a court, if required
  • Be present at the close of poll when the various packets are sealed
  • At the close of poll attach their own seal to the ballot box and the various packets made up by the Presiding Officer.  Polling agents cannot attach seals to the ballot box at the commencement of or during the poll
  • To maintain the secrecy of the ballot polling agents must not give information to anyone as to who has or has not voted, or a person's elector number, or the official mark
  • Polling agents can be appointed by a candidate or their election agent        

How Many polling agents can be appointed

No more than four polling agents (or a greater number determined by the Deputy Returning Officer) are allowed to attend any particular polling station.

  • Only one polling agent per candidate will be admitted to a polling station at the same time
  • Any agent may be appointed to attend more than one polling station        

This year the Deputy Returning Officer must be notified in writing of the name and addresses of all polling agents no later than Thursday 28 May 2009.

Counting Agents

The main role of the counting agent is to oversee the counting process and make sure it is undertaken in an orderly accurate and correct manner.  Thy must have an unrestricted view of the various count processes but must be kept at a reasonable distance so not to interfere with the work of the count staff.

  • Counting Agents will not actively participate in the count they are there to observe the integrity of the process
  • This year the Deputy Returning Officer must be notified in writing of the name and addresses of all counting agents no later than Thursday 28 May 2009
  • Counting agents can be appointed by a candidate or their election agent
  • The Deputy Returning Officer will decide the maximum number of counting agents candidates will be allowed to appoint        

Agents in relation to postal voting

Candidates or their election agents can appoint one or more agents to attend the proceedings for the opening of postal votes.

  • The Deputy Returning Officer will give at least 48 hours notice of the time and place for the opening of postal ballot votes, and that notice will also specify the number of agents the candidate or agent is allowed to appoint.  NB Candidates and agents are not entitled to attend the issue of postal votes
  • The Deputy Returning Officer must be informed in writing of the names and addresses of any agents appointed before the time fixed for opening of postal votes        

Tellers

Tellers work for political parties.  They stand outside polling stations or polling places and may approach voters for their elector number as they enter/leave the polling station to record the number of voters who have voted.  Tellers have no legal status and voters have the right to refuse to give them any information.

  • There should be no more than one teller at a polling station for each candidate or political party at any time
  • Tellers must remain outside of the polling station other than to cast their own vote, to vote as a proxy or to accompany a voter with disabilities
  • Comply with the instructions of the Deputy Returning Officer and Presiding Officer at the polling station
  • Tellers must not be able to see or hear what is happening inside the polling station 
  • Tellers must not impede, obstruct or intimidate voters on their way in or out of the polling station or demand any information relating to a voters elector number, name or address
  • Tellers must not display any campaign material either in support of or against any candidate or political party other than displaying a coloured rosette displaying the name of the candidate and/or a registered political party
  • Tellers must not ask voters to re-enter the polling station to ascertain their election number
  • Tellers must not have discussions with voters that may give rise to allegations of undue influence (eg voting intentions, party affiliation or party campaigns)        

Persons Entitled to attend proceedings on polling day

In addition to voters and members of the Deputy Returning Officer's staff, only the following people may enter the polling station

  • Persons under the age of 18 years who are accompanying voters
  • Candidates at the election and their election agents
  • Polling agents (only one polling agent per candidate at any given time)
  • Police officers on duty
  • Election Commission representatives
  • Observers accredited by the Commission
  • Companions of disabled voters        

Access/Attendance to the Count

Only authorised people should be admitted to the Count.  List to be compiled and maintained by the Deputy Returning Officer.

The following people are entitled to attend the Count at local government elections:-

  • The Returning Officer and staff
  • Candidates, plus one guest per candidate
  • Election agents
  • Counting agents
  • Commission representatives
  • Accredited observers