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OSCEs Parlamentariske Forsamling 2014-15 (1. samling)
OSCE Alm.del Bilag 18
Offentligt

Code of practice

for electoral observers

Electoral observation at United

Kingdom elections

February 2012

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Translations and other formats

For information on obtaining this publication in

another language or in a large-print or Braille

version, please contact the Electoral Commission:

Tel: 020 7271 0500

Email: [email protected]

Electoral observation at United Kingdom elections

Order number: OBUK120001E

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Contents

1 Introduction

2 Part A: Individual observers

3 Part B: Observer organisations

4 Part C: Guidance to Returning Officers,

Counting Officers and Presiding Officers

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1 Introduction

The United Kingdom is a party to a number of international

instruments that endorse electoral observation as an important

verification method to assess electoral arrangements against

internationally accepted norms and standards. In 2006 the United

Kingdom Parliament made rules to open up United Kingdom

elections to electoral observation, for international and domestic

groups and individuals. The Electoral Commission is responsible for

accrediting electoral observers, and this booklet outlines the process

for accreditation, as well as the rights and obligation of observers at

UK elections.

In October 2005 a number of intergovernmental and international

organisations endorsed a

Declaration of principles for international

election observation

and

Code of conduct for international election

observers.

A number of organisations of which the UK or UK

institutions are members have endorsed the Declaration and the

Code including the Commonwealth Secretariat, the Council of

Europe, the European Commission, the Inter-Parliamentary Union, the

Organisation for Security and Co-operation in Europe’s Office for

Democratic Institution and Human Rights and the United Nations.

While the Declaration and accompanying Code are specifically

applied to international electoral observation, the Commission

believes that they provide a robust basis for all observation of

elections in the UK. Accordingly we have adapted this Code for use

in the United Kingdom.

1 See

www.un.org/News/Press/docs/2005/hq645.doc.htm,

www.ndi.org/node/13494

and

www.cartercenter.org/peace/democracy/des_declaration.html

(all accessed 26

January 2012).

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This booklet forms the Code of conduct the Commission must

prepare under Section 6F and 6G of the Political Parties, Elections

and Referendums Act 2000 (PPERA).

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Part A Individual observers

Applications for accreditation

The Commission can accredit individuals to observe specified

proceedings at relevant electoral and referendum events throughout

the United Kingdom.

These proceedings are:

• the issue or receipt of postal ballot papers

• the taking of the poll

• the counting of votes

Applicants for accreditation are required to apply to the Commission

for accreditation on forms supplied by the Commission for this

purpose. Application forms are available through the Commission’s

website or from any Commission office. All forms are available in

English and Welsh and, on request, in alternative formats.

The Commission will accept applications at any time, however

potential observers are recommended not to wait until an election is

imminent or underway before applying.

The Commission can grant accreditation to any individual over the

age of 16.

2 Section 6C, PPERA

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Process for applying

Applicants are required to:

• complete the Commission’s form

Application for accreditation as an

electoral observer for individuals

in English or Welsh

• supply to the Commission a contact address, telephone number

and email address that applies for the duration of their

accreditation. If their contact details are outside the UK, a UK or

reachable overseas mobile number will be required

• submit a photograph of themselves in

electronic format,

e.g. via

email or on a CD, for use on an identification badge,

or attend a

designated Commission office to have their photograph taken

The photograph must:

• be submitted electronically, e.g. via email or on a CD

• be of the applicant facing the camera

• include their full face, which must be clearly visible

• be taken with the applicant’s eyes open

• supply a legible copy of either their passport, driver’s licence,

national identity card or Northern Ireland electoral identity card at

the time of application that confirms their name and age

• read the Commission’s Code of Practice for individual electoral

observers and agree to abide by the guidance contained in it

3 JPEG, BMP and TIFF are all acceptable formats. Applicants should ensure that

the image is not copy protected, so it can be transferred to their identification

badge.

4 Applicants who do not own any such photographic identification should contact the

Commission for advice.

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• declare that they have been provided with a copy of section 66 of

the Representation of the People Act 1983 or its corresponding

provision, that they understand its provisions and that they will aid

in maintaining the secrecy of the ballot

• consent to their name appearing on the Commission’s register of

observers

Applications may be emailed to:

[email protected].

The Commission will also receive applications at any of its offices

during normal business hours, or by post. Applicants will be notified

in writing of the Commission’s decision to accept or reject their

application, and reasons will be given for any decision to reject an

application. The Commission will endeavour to process all applications

within 10 days of receipt of a completed application form.

Accreditation will not come into effect until three days after issue

and the inclusion of the observer on the register of accredited

observers.

Granting applications

The Commission will grant an application for accreditation provided

that all administrative steps in the application are complied with. An

applicant must:

• meet the requirements of the application process set out in this

Code

• not have been reported guilty (under the Representation of the

People Act 1983 or any other electoral legislation in the United

5 Contact details are provided at the end of this part.

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Kingdom) or found guilty of a corrupt or illegal electoral practice

anywhere in the United Kingdom in the five years previous to the

date of application

The Commission may refuse an application for accreditation if the

requirements of the application process set out in this Code are not

met. The Commission may also refuse an application if the applicant

is a person whose status in the United Kingdom as an accredited

observer or nominated individual of an accredited organisation was

revoked by the Commission in the five years previous to the date of

application. If the Commission refuses an application for

accreditation, we will provide reasons in writing.

The Commission will maintain a register of observers that will be

available for public inspection at any Commission office and on the

Commission’s website.

All individuals entered on the register will be issued with identification

from the Commission. Unless a shorter accreditation period is

requested on the application form, such identification will be valid

until 31 December of the year of issue; this will be specified on the

identification card.

The Commission does not require applicants to specify the electoral

area or process they seek access to.

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Revoking accreditations

The Commission may revoke accreditation if the observer:

1. fails to abide by the standards of behaviour set out in the guidance

section of this Code

2. is found or reported guilty (under the Representation of the People

Act 1983 or any other electoral legislation in the United Kingdom) of

a corrupt or illegal electoral practice anywhere in the United

Kingdom

If, as a result of misconduct, a relevant officer has had an observer

removed from a particular electoral proceeding, the Commission will

only revoke their accreditation if the Commission considers that the

individual was not abiding by this Code and the guidance contained

in it. Misconduct is defined in ‘Part C: Guidance to Returning Officers,

Counting Officers and Presiding Officers’ as:

• breaching or attempting to breach the secrecy of the ballot

• knowingly obstructing the electoral proceeding

• asking electors about their voting preference while observing at

polling stations

On receipt of a report from the relevant officer, the Commission will

contact the observer concerned and give them an opportunity to

submit, in writing, their version of events. The Commission will

6 The power of relevant officers to remove observers for misconduct is in addition

to their power to keep order at the relevant electoral proceeding. Observers are

subject to the lawful directions of relevant officers and the Police in terms of public

order.

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consider all submissions received and any other information available

to it before making its decision.

If the Commission revokes an individual’s accreditation, we will

provide reasons in writing.

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Guidance for individual electoral observers

All individuals accredited as electoral observers must abide by this

guidance for the period of their accreditation. Observers who fail to

abide by the standards of behaviour set out in this section will have

their accreditation revoked by the Commission.

Respect the laws of the United Kingdom, international human rights

and the authority of electoral bodies

Observers must respect the laws of the United Kingdom as well as

the human rights and fundamental freedoms of its people. Observers

must also respect the authority of the Returning Officers,

Counting

Officers and the Commission and follow any lawful instruction from

the UK’s governmental, security and electoral authorities. Observers

also must maintain a respectful attitude toward electoral officials and

other national authorities. Observers must note if laws, regulations or

the actions of state and/or electoral officials unduly burden or

obstruct the exercise of election related rights guaranteed by law,

constitution or applicable international instruments.

Maintain strict political impartiality at all times

Observers must maintain strict political impartiality at all times during

the period of their accreditation, including during their leisure time.

They must not express or exhibit any bias or preference in relation to

national authorities, political parties, candidates or referendum issues.

Observers also must not conduct any activity that could be

reasonably perceived as favouring or providing partisan gain for any

political competitor in the United Kingdom, such as wearing or

7 Throughout this part, references to the ‘Returning Officer’ or ‘Returning Officers’

include references to the Chief Electoral Officer for Northern Ireland.

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displaying any partisan symbols, colours, banners or accepting

anything of value from political competitors.

Political party affiliation does not automatically disqualify a person

from becoming accredited as an observer. However, members,

officers or employees of a UK registered political party who would be,

or are likely to be, politically active during their accreditation period

must not apply for accreditation.

In all circumstances, applicants must be satisfied that they will be

able to meet the requirement for political impartiality set out above for

the duration of their accreditation.

Secrecy requirements

Observers will maintain and aid in maintaining the secrecy of the

ballot and will sign an agreement that they have been provided with a

copy of section 66 of the Representation of the People Act 1983 or its

corresponding provision and understand its provisions. Observers

must comply with all directions on the use of mobile phones,

cameras and the like.

Do not obstruct election processes

Observers must not obstruct any element of the election process,

including pre-election processes, the issue and opening of postal

ballots, voting, counting and tabulation of results and processes

transpiring after polling day. Observers may bring irregularities, fraud

or significant problems to the attention of election officials on the

spot, unless this would contravene the secrecy requirements, and

must do so in a non-obstructive manner. Observers may ask

questions of election officials, political party representatives and other

observers inside polling stations and may answer questions about

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their own activities, as long as observers do not obstruct the election

process. In answering questions observers should not seek to direct

the election process. Observers may ask and answer questions of

voters but may not ask them to tell for whom or what party or

referendum position they voted.

Provide appropriate identification

Observers must display identification provided by the Commission,

and must present it to electoral officials and other interested national

authorities when requested. Observers must ensure that their

identification badge is visible at all times while observing.

Maintain accuracy of observations and professionalism in drawing

conclusions

Observers must ensure that all of their observations are accurate.

Observations must be comprehensive, noting positive as well as

negative factors, distinguishing between significant and insignificant

factors and identifying patterns that could have an important impact

on the integrity of the election process. Observers’ judgements must

be based on the highest standards for accuracy of information and

impartiality of analysis, distinguishing subjective factors from objective

evidence. Observers must base all conclusions on factual and

verifiable evidence and not draw conclusions prematurely.

Maintain proper personal behaviour

Observers must maintain proper personal behaviour and respect

others, including exhibiting sensitivity for United Kingdom cultures

and customs, exercise sound judgement in personal interactions and

observe the highest level of professional conduct at all times,

including leisure time.

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Agree to follow this guidance

Every person who participates in election observation in the United

Kingdom must read and understand this guidance and must sign an

agreement to follow it.

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Electoral Commission contact details

Individuals applying to become accredited observers must submit the

following to the Commission:

• a completed application form

• a copy of photographic identification

• a photograph

The photograph

must

be submitted in an electronic format, for

example as a picture file via email. Applicants may also email the

Commission their application form and suitable photographic

identification. All email communications should be sent to the

following email address:

[email protected].

Applicants who wish to post a copy of their photographic

identification, their completed application form, or those who wish to

send in their photograph on electronic media, such as on a CD, can

post these to any of our offices:

The Electoral Commission

Observers

3 Bunhill Row

London EC1Y 8YZ

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The Electoral Commission

Wales Office

Companies House

Crown Way

Cardiff CF13 3UZ

The Electoral Commission

Northern Ireland Office

Ground Floor

4 Cromac Place

The Gasworks

Belfast BT7 2JB

The Electoral Commission

Scotland Office

Lothian Chambers

59-63 George IV Bridge

Edinburgh EH1 1RN

For any questions on the status of an application, applicants should

[email protected]

or call 020 7271 0500.

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Part B Observer organisations

The Commission can accredit observer organisations to observe

specified proceedings at relevant electoral and referendum events

throughout the United Kingdom. These proceedings are:

• the issue or receipt of postal ballot papers

• the taking of the poll

• the counting of votes

Organisations applying for accreditation are required to apply to the

Commission for accreditation on forms supplied by the Commission

for this purpose. Application forms are available through the

Commission’s website and from any Commission office. All forms will

be available in English and Welsh and on request in alternative

formats.

The Commission will accept applications at any time, however

potential observer organisations are recommended not to wait until an

election is imminent or underway before applying.

Once accredited, an organisation is then able to nominate observers

to attend electoral and referendum proceedings.

Process for applying

Applicant organisations are required to:

• complete the Commission’s form

Application for accreditation as an

electoral observation organisation

in English or Welsh

• supply to the Commission a contact address, telephone number

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and email address that applies for the duration of their accreditation.

If their contact details are outside the UK, a UK or reachable

overseas mobile number will be required

• specify a period of up to three years for which they seek

accreditation as an organisation

• declare that they have read and understood the Commission’s

Code of Practice for electoral observation organisations and agree

to abide by the guidance contained in it

• declare that they will provide their nominated members with a copy

of section 66 of the Representation of the People Act 1983 (RPA) or

its corresponding provision and that they will aid in maintaining the

secrecy of the ballot

• consent to the name of the organisation and its list of nominated

observers appearing on the Commission’s register of observers

Applications may be emailed to

[email protected].

The Commission will also receive applications at any of its offices

during normal business hours, or by post. Applicants will be notified

in writing of the Commission’s decision to accept or reject their

application, and reasons will be given for any decision to reject an

application. The Commission will endeavour to process all

applications within 10 days of receipt of a completed application

form.

Accreditation will not come into effect until three days after

issue and the inclusion of the organisation on the register of

accredited observers.

8 Contact details are provided at the end of this part.

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Granting applications

There is no limit on the number of observers any one organisation

can nominate.

Provided that all administrative steps in the application are complied

with, the Commission will not apply any other criteria in determining

the application.

The applying organisation must:

1. meet the requirements of the application process set out in this

Code

2. not include on their list of nominated individuals anyone who has

been reported guilty (under the Representation of the People Act

1983 or any other electoral legislation in the United Kingdom) or

found guilty of a corrupt or illegal electoral practice anywhere in the

United Kingdom in the five years previous to the date of

application, or who to the knowledge of the organisation has been

found guilty of an electoral offence anywhere in the world in the five

years previous to the date of application

3. not include on their list of nominated individuals anyone whose

status in the United Kingdom as an accredited observer or

nominated individual of an accredited organisation was revoked by

the Commission

If an organisation’s application is refused the organisation may

submit a further application which complies with the requirements of

this Code.

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Revoking accreditations

The Commission may revoke an organisation’s accreditation if the

organisation:

1. fails to abide by the standards of behaviour set out in the guidance

section of this Code

2. includes on their list of nominated individuals an observer who is

found or reported guilty of a corrupt or illegal electoral practice

anywhere in the United Kingdom at any time between the five years

prior to their inclusion on the list and the end of their period of

accreditation

3. includes on their list of nominated individuals anyone who has been

removed for misconduct from a specific electoral proceeding by a

relevant officer

Misconduct is defined in ‘Part C: Guidance to Returning Officers,

Counting Officers and Presiding Officers’ as:

• breaching or attempting to breach the secrecy of the ballot

• knowingly obstructing the electoral proceeding

• asking electors about their voting preference while observing at

polling stations

9 The power of relevant officers to remove observers for misconduct is in addition

to their power to keep order at the relevant electoral proceeding. Observers are

subject to the lawful directions of relevant officers and the Police in terms of public

order.

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The Commission will only revoke an organisation’s accreditation for

the reason set out in point 2 above if, on notification, the organisation

refuses to promptly remove such an observer from their list of

nominated individuals.

The Commission will only revoke an organisation’s accreditation for

the reason set out in point 3 above if the following two conditions are

met:

a. On receipt of a report from the relevant officer, the Commission

considers that the relevant individual was not abiding by this Code

and the guidance contained within it. On receipt of a report from

the relevant officer, the Commission will contact the observer

concerned and give them an opportunity to submit, in writing, their

version of events. The Commission will consider all submissions

received and any other information available to it before making its

decision.

b. The organisation refuses to promptly remove an observer found in

breach of this Code from their list of nominated individuals.

If the Commission revokes an organisation’s accreditation, we will

provide reasons in writing.

Nominating members

An accredited organisation may submit to the Commission a list of

members nominated to act as observers. This list can be submitted

at the time of application for accreditation or at any time after that.

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The list must:

• be in the form supplied by the Commission

• be accompanied by a photograph of each nominated observer,

submitted in electronic format

for use on an identification badge,

or indicate a willingness to attend a designated Commission office

to have such a photograph taken

The photograph must:

• be submitted electronically, e.g. via email or on a CD

• be of the applicant facing the camera

• include their full face, which must be clearly visible

• be taken with the applicant’s eyes open

• be accompanied by legible copies of either their passport, driver’s

licence, national identity card or Northern Ireland electoral identity

card that confirms their name and age, or an agreement to produce

this at a designated Commission office

• include for each nominated observer a declaration that they have

read and understood the Commission’s Code of Practice for

electoral observation organisations and agree to abide by the

guidance contained in it

• include for each nominated observer a declaration that they have

been provided with a copy of section 66 of the Representation of

10 JPEG, BMP and TIFF are all acceptable formats. The organisation should

ensure that the image is not copy-protected, so that it can be transferred to their

identification badge.

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the People Act 1983 or its corresponding provision, that they

understand its provisions and that they will aid in maintaining the

secrecy of the ballot

The Commission will maintain a register of observer organisations

and nominated observers that will be available for public inspection at

any Commission office and on the Commission’s website. The

Commission will provide contact details (including out of hours

details) at each Commission office in case of query or concern. The

Commission’s register is the only official list of accredited observer

organisations and nominated observers.

The Commission will issue a photographic identification card for each

nominated observer. Unless a shorter accreditation period is

requested on the application form, such identification will be valid

until 31 December of the year of issue; this will be specified on the

identification card.

Authorisation of the organisation’s list of nominated observers will not

come into effect until three days after the issue of observer

identification cards and the observers’ inclusion on the register of

accredited observers.

The Commission does not require organisations or nominated

observers to specify the electoral area or process they wish to

access.

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Guidance for electoral observation organisations

and their nominated observers

All organisations accredited as electoral observers, and all individuals

nominated by such accredited organisations must abide by this Code

for the period of their accreditation. The Commission will require any

organisation to remove observers found in breach of this guidance

from their list of nominated individuals.

Respect the laws of the United Kingdom, international human rights

and the authority of electoral bodies

Observers must respect the laws of the United Kingdom as well as

the human rights and fundamental freedoms of its people. Observers

must also respect the authority of the Returning Officers,

Counting

Officers and the Commission and must follow any lawful instruction

from the UK’s governmental, security and electoral authorities.

Observers also must maintain a respectful attitude toward electoral

officials and other national authorities. Observers must note if laws,

regulations or the actions of state and/or electoral officials unduly

burden or obstruct the exercise of election related rights guaranteed

by law, constitution or applicable international instruments.

Maintain strict political impartiality at all times

Observers must maintain strict political impartiality at all times for as

long as they are included on the observer organisation’s list of

nominated observers. This also applies to their leisure time. They

must not express or exhibit any bias or preference in relation to

national authorities, political parties, candidates or referendum issues.

Observers also must not conduct any activity that could be reasonably

11 Throughout this part, references to the ‘Returning Officer’ or ‘Returning Officers’

include references to the Chief Electoral Officer for Northern Ireland.

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perceived as favouring or providing partisan gain for any political

competitor in the United Kingdom, such as wearing or displaying any

partisan symbols, colours, banners or accepting anything of value

from political competitors.

Political party affiliation does not automatically disqualify a person

from becoming an observer. However, members, officers or

employees of a UK registered political party who would be, or are

likely to be, politically active during their accreditation period must not

be included on an organisation’s list of nominated observers.

In all circumstances, applicants must be satisfied that they will be

able to meet the requirement for political impartiality, set out above,

for the duration of their accreditation.

Secrecy requirements

Observers will maintain and aid in maintaining the secrecy of the

ballot and will sign an agreement that they have been provided with a

copy of section 66 of the RPA, or its corresponding provision, and

understand its provisions. Observers must comply with all directions

on the use of mobile phones, cameras and the like.

Do not obstruct election processes

Observers must not obstruct any element of the election process,

including pre-election processes, the issue and opening of postal

ballots, voting, counting and tabulation of results and processes

transpiring after polling day. Observers may bring irregularities, fraud

or significant problems to the attention of election officials on the

spot, unless this would contravene the secrecy requirements, and

must do so in a non-obstructive manner. Observers may ask

questions of election officials, political party representatives and other

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observers inside polling stations and may answer questions about

their own activities, as long as observers do not obstruct the election

process. In answering questions observers should not seek to direct

the election process. Observers may ask and answer questions of

voters but may not ask them to tell for whom or what party or

referendum position they voted.

Provide appropriate identification

Observers must display identification provided by their organisation,

as well as identification required by the Commission, and must

present it to electoral officials and other interested national authorities

when requested. Observers must ensure that their identification

badge is visible at all times while observing.