Lords urge change to polling law

The “chaos” experienced at five polling stations in Sheffield could be repeated unless the law is changed, according to a report by the House of Lords Constitution committee.

The committee warns that the Government cannot wait until a review by the Law Commission is completed in 2017 and says more “urgent” action is needed, echoing the findings of an Electoral Commission review into the problems in 2010.

Baroness Jay, chairman of the Lords Constitution Committee, said: “If we are to ensure there is never a repeat of the chaotic scenes we saw in 2010 the Government must now amend the law to ensure voters in a polling station, or in the queue at a polling station, at 10pm on polling day are allowed to vote.

“This cannot wait for a Law Commission review that doesn’t report until 2017, the Government should make these changes before the next General Election.”

Nearly 500 voters are estimated to have been prevented from voting at five polling stations in Sheffield in May 2010 despite being in the queue when polling closed at 10pm. Problems occurred at St John’s Church in Ranmoor, Ecclesall Parish Halls, Millhouses Methodist Church, Woodseats Library and in Penistone and Stocksbridge.

Across the country at least 1,200 people were still queuing at 27 polling stations in 16 constituencies amid an upsurge of interest after an election campaign which was ignited by the first televised debates between party leaders.

The problems were particularly embarrassing for Liberal Democrat leader Nick Clegg, who is now in charge of constitutional reform, as they affected three polling stations in his Sheffield Hallam constituency.

After the chaos Sheffield returning officer John Mothersole sent back his £20,000 fee and the council pledged to introduce changes to prevent a repeat of the problems. The official Electoral Commission review of the problems said organisers across the country had made “unrealistic, inappropriate or unreliable” plans for the night with “inadequate risk management and contingency planning”.

Both the Government and the House of Commons political and constitutional reform committee have insisted legislation is unnecessary and have pinned the blame largely on poor planning and management, but the Lords committee said it agreed with the Electoral Commission that the law – which says people can only vote if they are handed a ballot paper before 10pm – is “unsatisfactory” in this area at the moment and should be cleared up.

Although the Law Commission is undertaking a review of electoral law, the committee said change was needed before the next election, which is due to take place in May 2015, two years before the review is due to be completed.

It suggested that the law should be changed to state that voters who are present, or in a queue, at a polling station at the close of polls are entitled to vote.

Speaking previously Mr Clegg said he was “acutely aware of the problem” having visited polling stations on election day but added: “The question then is – what do we do about it? I just so happen to think in this particular instance, simply passing a law won’t deal with the problem.

“The problem was a lack of resources, the problem was poor organisation by the returning officer in Sheffield, who acknowledged as much. That’s what we need to address – not always simply reach for the statute book.”