Objective: Fair and effective electoral law
What we are working to achieve
Our electoral system is underpinned by a legal framework which establishes how elections are delivered. It sets out who is allowed to vote and the various ways they can cast their vote. It sets out who can stand for elections, who can campaign and how much they can spend, and it sets out how electoral administrators should deliver elections, including counting and declaring the results.
Given its cross-cutting impact, we want to work with parliamentarians and governments to improve electoral law so that it is fit for purpose, reduces complexity, inefficiencies and risk, and enables innovation. We are working with others to reform electoral law by:
- supporting effective consideration and implementation of legislation in the UK’s parliaments
- engaging with governments’ current electoral law reform agendas, while continuing to make the case for further reform
- continuing to provide expert advice on the practicability and impact of any changes which could be made to improve the electoral system.
Work done to achieve this aim
- Following the May 2022 polls, we published reports on elections in England, Northern Ireland, Scotland and Wales, reflecting data and evidence gathered on voting, campaigning and delivering the elections. These included recommendations for improving the system further.
- As the Elections Bill passed through the UK Parliament, we briefed members of the House of Commons and Lords to support their consideration of the measures.
- We responded promptly with accurate and impartial information to correspondence from elected officials.
- We continue to advocate for policy change in key areas – including modernising electoral law and protecting politics from foreign interference – in our engagement with stakeholders, parliamentarians and the media.
Performance indicators
| Indicator | Target | 2022-23 |
|---|---|---|
| Timely publication of election / referendum reports | 100% | 100% |
| Timely responses to policy proposals and legislative consultations | 100% | 100% |
| Responses to elected stakeholder (MP, MSP, MLA & MS) correspondence within 10 working days | 100% | 97.83% |
PACAC Report, October 2022
It has been twenty years since the Electoral Commission was established and we believe it still plays a fundamental role in overseeing free and fair elections and referendums and regulating political finance, and should continue to do so. However, its ability to effectively fulfil its statutory functions is directly impacted by the unnecessary complexity of the law governing this area. There is a consensus that the law is in urgent need of rationalisation and simplification.
Ongoing and future work
- The Commission will share its expertise and evidence with the UK Government as they develop statutory instruments to provide the detail of how the remaining measures in the Elections Act will work.
- We maintain the view that government should ensure legislation is clear at least six months before any new changes are due to be implemented, so that Returning Officers, Electoral Registration Officers and electoral administrators have enough time to prepare.
- We will continue to recommend reforms to UK electoral law and stand ready to support governments and parliaments in considering how best this could be taken forward.
- The Commission will continue to advocate for modernising electoral law, which needs to be simplified to help electoral administrators provide the level of services that voters deserve, and to enable governments and legislatures to deliver their policy priorities.