MPs say Electoral Commission may not have enough time to publish guidance on voter ID rules ahead of 2023 local elections

Complex and confusing electoral law is impacting the Electoral Commission's ability to oversee elections, and the watchdog may struggle to provide timely guidance on the new voter ID rules, the Public Administration and Constitutional Affairs Committee (PACAC) has warned.

In a report focused on the work of the independent regulator, the committee said that "challenges lie ahead" for the Electoral Commission in supporting electoral administrators in understanding and navigating the changes ahead of local elections in May 2023, when voters will be required to produce ID at the polls to vote.

The committee criticised the Government's electoral reforms set out in the Election Act 2022, claiming that it missed the opportunity to build an election framework "fit for the modern era".

The bill includes a number of electoral law reforms, including rules requiring voter ID and changes to Government oversight of the Electoral Commission.

According to the committee, the Government's timeline for implementing new rules on voter ID is flawed as its plan to implement the statutory instrument for voter ID requirements does not leave enough time for the Electoral Commission to finalise its guidance before elections in May 2023.

In addition, the committee said the new voter ID rules add to the levels of divergence across the UK on electoral policy, as they only apply to UK-wide general elections. The rules will not apply to elections to the devolved legislatures or local elections in Scotland and Wales.

Under the 2022 Act, the Government plans to set the strategic direction of the Electoral Commission through the issuance of a 'Strategy and Policy Statement' (SPS). The committee noted this new power "significantly alters the Electoral Commission's relationship to Government as an independent body".

But it welcomed the consultation period for the SPS, adding that it will "continue to take an active interest in this area of constitutional significance".

In an oral evidence session conducted by the Levelling Up, Housing and Communities Committee on Wednesday (19 October), the chair of the Electoral Commission, John Pullinger, criticised the reform, stating that the SPS will make the commission's job "much harder".

He said: "It will add complexity, confusion and legal risk, and it sits very uncomfortably with the Electoral Commission's appropriate accountability, which is not to the Government, but is to this Parliament and the Parliaments of Wales and Scotland."

In the same session, Craig Westwood, Chief Executive of the Electoral Commission, said the SPS might also open the regulator up to more litigation.

Westwood said the SPS draws out particular criteria around enforcement and thereby gives them a different prominence from the regulator's own enforcement policy. "What we worry about is that this sets up a potentially alternate set of criteria that are within statute, if the SPS is passed, which effectively creates the confusion […] for campaigners who are trying to comply with the law and also a potential route for legal challenge afterwards," Westwood added.

Chair of PACAC, William Wragg MP, said: “The UK’s outdated and complicated body of electoral law is the fundamental challenge facing the Electoral Commission in delivering its crucial services.

“We are concerned by the amount the Government and the Electoral Commission will have to deliver by the elections in May 2023, and the impact on voters and campaigners."

He added: “The Government has so far failed to act on repeated calls to simplify the law. But the fairness of our electoral process is too important to neglect any longer. It must now grasp the nettle of reform and futureproof the regulation of elections.

“We need greater scrutiny of online campaigning, a more proportionate approach to those accused of breaking the rules, and better protections against foreign influence in our elections."

Adam Carey