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Peter Emerson,
The de Borda Institute,
36 Ballysillan Road,
Belfast BT14 7QQ,
Northern Ireland
Tel: +44 (0)28 9071 1795
Fax: +44 (0)28 9071 1795

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Yet again, N.I. elections fail to meet international standards

(July 2005)

Polling station No 10/OP was in Holy Cross Primary School, Ardoyne. Three Sinn Féin party agents were sitting, one per desk, as catered for by the rules. And the three were diligently recording the electoral register's numbers of all those who voted. For reasons historical related to impersonation and so forth, this is allowed in ni electoral law; {in most democracies observed by the Organisation for Security and Co-operation in Europe (osce), it is not}. But then something else happened, which was not allowed; every so often, one of the three wrote down something on a piece of paper hidden under her list of numbers. A little later, she put this note into her handbag.

Taking electoral information gleaned from inside the polling station to others outside is against the law. At this point, therefore, I went over to the Chief Presiding Officer (cpo) to say that an electoral offence was just about to be committed. Sure enough, another party agent came in to take over, so the one in question picked up her handbag and proceeded to walk out. The cpo looked the other way. So I rushed over and intervened, whereupon he reluctantly asked about this piece of paper. She took it out - it looked like an envelope with writing on one side and numbers on the back - said it was personal and quickly put it back inside her bag. The cpo shrugged his shoulders and off she went. Maybe he was afraid. Two minutes later, I followed her outside and there she was, discussing this 'personal note' with the Sinn Féin candidate and others. Thus equipped, the Sinn Féin party workers could then round up any stragglers. No wonder the turn-out in nationalist areas was so high: 68% in Upper Falls was the highest in Belfast, 56% in Pottinger the lowest.

Sinn Féin party workers were outside every polling centre which was in a large nationalist area, and given that here, in Ardoyne, the two polling stations were directly opposite each other, it had rather more workers than usual. They were there, like thought police, issuing dummy ballot papers to the voters entering the polling station. This sort of intimidatory pressure would not be allowed in any osce-adminstered election, where no campaigning at all takes place within 100 metres of the main entrance; indeed, not even a poster is allowed to remain within that circle. Furthermore, in many democracies, active campaigning on election day is also illegal.

For some voters, the dummy ballot paper was fairly comprehensible. For others, however, especially the old, it was a source of utter confusion: there was the double-sided dummy ballot paper, the single-sided council ballot paper and the single-sided Westminster ballot, and while two of them said 'X', the other two were 1-2-3-4. What do I do now? cried one old man as he entered the polling station, obviously not wanting to vote at all. Cannon fodder. To then hear the Sinn Féin workers say they were only there to explain the intricacies of pr-stv was just balderdash!

Later on, I went across to the second polling station, Ardoyne Community Centre. And the same party agent from Holy Cross was in a polling booth, 'assisting' some hapless voter, whom her colleagues had so successfully confused. This illegal activity was not even questioned.

In such ways, the 2005 election failed to come up to international standards and, yet again, NI electoral law failed to prevent many electoral abuses. Now in Azerbaijan in 2003 and Kazakhstan one year later, offences were committed by the ruling party, i.e., the state. In NI, in contrast, offences were committed by one of the competing parties, Sinn Féin, yet in the full knowledge of the authorities. The dup and others on the loyalist side, meanwhile, were much better this time, at least in Oldpark, and there were few of those horrible gauntlets, so common when the unionist vote was more fractured. Elsewhere, however, they were still up to their old ways.

So what is wrong? It is not so much what Sinn Féin does; it is more that the system allows them to do so much, so that they then only have to break one hopelessly unenforceable law in order to get away with massive electoral malpractice! It goes back a long while.

Many years ago, a planner drew a line on a map of the Oldpark, so to determine which area would be re-developed, and which, pro-tem, would be left to decay. That line is now a peace-line and part of the Oldpark boundary. It is all very sectarian.

In theory, democracy, inter alia, is the means by which folks come together to decide, collectively, how and by whom they shall be governed. The voters used to go to a polling station on the Crumlin Road, so Protestants and Catholics et al would mingle together, if but for a little while. Now the polling station has been split into Holy Cross Boys for the Catholics and the Ballysillan Presbyterian Church for the Protestants. The whole thing is, again, very sectarian.

Nothing could have pleased Sinn Féin more. Like, as I say, thought police, they can now produce these dummy ballot papers telling the voters not only for whom they are to vote, but stipulating also their order of preference: 3-2-1-4, or whatever. It did not take long, in the count, to see that many voters had done exactly as instructed. Voter management, some call it. I'd prefer terms like cannon fodder, automatons, robots, democracy à la banana republic.

A second consequence was that these dummy papers then littered the polling station, like so much illegal propaganda.

So how could the procedures be improved? Firstly, allow the osce to observe the entire electoral process, and not just the count. They came to the province for their second election - the first was in Nov. 2003 - but they were again not allowed inside a polling station. For the first time, however, the Electoral Commission set up a team of observers who did get into the polling stations. So, a precedent has been set; maybe, soon, impartial observation, both domestic and international, will become part of our NI/UK procedures, just as it is catered for in most modern democracies.

Secondly, the ballot paper should be in random, rather than alphabetical order. Such a simple reform would greatly hinder if not prevent the production of those ghastly dummy ballot papers, which drove many an electoral official to distraction! Furthermore, it would actually make the system fairer for those candidates who have surnames starting at the bottom end of the alphabet.

Thirdly, party agents should be observers only, as happens abroad. They should not be allowed access to any particular information about an individual voter; for whether you or I vote is none of their business! Instead, they should be entitled to observe the process only in general. While on this topic, subsequent information on whether or not individual voters have voted, the marked register, should not be for sale; political parties should not be allowed to become a thought police.

Fourthly, there should be only one party agent/observer per polling place, (and not one per desk). What's more, all should be clearly identified as such, with badges saying 'Party Observer', similar to those worn by the election officials. If nothing else, these two changes would reduce the huge amount of chitter-chatter which takes place in some polling stations, as voters approach these party agents, asking for directions (if not instructions), or sometimes just to say hallo.

Fifthly, the vote should be secret. At the moment, it is not, and via a serial number on its reverse side, each vote is traceable to the counterfoil, where all the voter's details are recorded.

Sixthly, polling centres should not be in the same immediate location and, where possible, they should be situated on thorough-fares.

Lastly, some electoral officials - in particular, cpos - should preferably not be local folk. If there were some impartial observers present, then maybe the cpos would feel they could lay down the electoral law without fear of any repercussions. At the moment, then, the law is inadequate and, especially when the cpo is frightened, unenforceable.

Except for the last two recommendations, all of the above suggestions have been made on many occasions, not least in these columns of Fortnight. So far, the Electoral Office has not responded to any of them.

But at least we live in a democracy.

Peter Emerson
The de Borda Institute and Green Party candidate, Oldpark

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