Revealed: Election watchdog’s stark warning to government over voter ID

The government dismissed private warnings by the election watchdog that the introduction of voter ID is neither “secure” nor “workable” by 2023, and intends to use next year’s polls as a “learning exercise” for the controversial scheme.

The astonishing assertion was made in correspondence between Conservative ministers and the Electoral Commission, obtained by this website under Freedom of Information law.

In them, the commission said it had “fundamental concerns” over the plan to make voters bring photo ID to polling stations – which it said could not “be delivered in a way which is fully secure, accessible and workable” in time for the local elections in May. It even said it was “alarmed” about the delivery of the Elections Act.

Yet a minister batted away the concerns, saying that the vote could be used as an “opportunity to learn” because polls would take place only in some parts of the country.

It comes after reports that councils across England are unprepared for the new voter ID requirements, with a study by the Constitution Society finding that thousands of people may be turned away from ballots as a result.

Campaigners have already warned that requiring voters to show ID could disproportionately hit turnout among working-class and older people and Black, Asian and other minority ethnic voters, who are less likely to have access to photo IDs such as passports or driving licences.

Responding to openDemocracy’s latest findings, Labour’s shadow elections minister Alex Norris MP said the letters lay bare “grubby attempts by the Conservative government to rig our country’s democracy in their favour”.

‘Significant delays’ for voter ID

A letter seen by openDemocracy reveals the Electoral Commission’s chair, John Pullinger, delivering a blunt warning to the government over its plans.

Writing in September to Simon Clarke – then secretary of state at the Department for Levelling Up, Housing and Communities, which has responsibility for electoral law – Pullinger warned there was “insufficient time” to properly roll out the measures due to delays in getting legislation through Parliament, which meant “the necessary preparatory activity” could not take place.

Pullinger added: “This time cannot currently be gained back and affects (for example) user testing of voter materials to ensure they are fully accessible, and preparations to provide the appropriate guidance and information for electoral administrators who will deliver the process.

“Crucially, there is now insufficient time for the commission to test the free voter authority certificate application form and other materials.”

Last week it was reported that some local election officials also believe the hastily prepared ID measures could deter some voters and sway election results.

But responding to Pullinger’s intervention last month, Clarke insisted the government would press ahead with the plans – claiming the problems highlighted amount to an “advantage”.

Clarke wrote: “A specific advantage of our plan that voter identification will be in place for polls scheduled to be held in May 2023 is that the provisions are therefore not being introduced at a time when polls are taking place across the entirety of the UK, and so there is an opportunity to learn how the new requirements are best implemented ahead of a time when both delivery and support resources are at full stretch.”

In another letter, the government set out its plans to help voters who do not have ID, saying they will need to apply for a unique A4 paper document by 5pm “six working days ahead of the poll”. Anyone whose ID is lost or stolen will also be able to appoint an “emergency proxy” up until 5pm on polling day.

The government said this “strikes the correct balance between giving electors enough time to apply whilst minimising the burden on administrators”.

‘Undermining independence’

The letters obtained by openDemocracy reveal that Pullinger has also accused the government of seeking to exert political control over the Electoral Commission, which is responsible for ensuring free and fair elections and is supposed to be independent.

Experts and campaigners have expressed similar fears, with the watchdog having fallen out of favour with many Tory MPs after issuing the party with a series of fines for breaking election laws.

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Pullinger’s key concern is the government’s plan to introduce legal guidance, a ‘Strategy and Policy Statement’, to “guide” the commission’s work. Such guidance is commonplace for other agencies that deliver government policy – but has never before been applied to the Electoral Commission.

In a blunt message to Greg Clark, Simon Clarke’s predecessor as communities and local government secretary, Pullinger said a government briefing on the proposals suggested the guidance “directly undermines the government’s stated commitment to the commission’s independence”.

He said it was clear that the government’s policy “is intended to ‘tell the Electoral Commission’ which action to take”, and that there were concerns about “inherent risks to the democratic system”.

A follow-up letter from Pullinger, sent last month, reveals he had not received any assurance from the government that it was not seeking to take control of the independent body.

“Ministers have spoken of the importance of maintaining the commission’s independence, and we welcomed that,” he wrote. “Our confidence was, however, undermined by the government briefing issued ahead of the launch of this consultation. I wrote to the then secretary of state (Greg Clark) to express concerns. Regrettably, I have received no response or reassurances, and so those concerns remain.”

Labour’s Norris said: “The issuing of orders to the Electoral Commission undermines its independence and will put control of how elections are won in the hands of those who have won them.”

Norris accused the government of an “embarrassing failure” to protect elections and incompetence over the voter ID issue. “Now they cannot even implement it in time for next year’s elections,” he said. “This is a complete shambles and reeks of government incompetence.”

Responding to questions from openDemocracy, a government spokesperson said “everyone eligible to vote will have the opportunity to do so” in May, and that funding for new equipment to help produce free voter IDs will be provided to local councils by central government.

“We are working closely with the Electoral Commission to ensure electors have the right information and training to implement these changes for the May 2023 elections,” they added.

Tonight, an Electoral Commission spokesman said: “While the timeframe for introducing the measures before next May’s elections remains tight, we are continuing to support the electoral community and voters to prepare for the change.”