The Chief Executive introduced the report which set out the possible risks arising out of the implementation of voter identification.  She explained that there was not yet any secondary legislation and requirements were therefore unknown.  The Chief Executive said that training could not be carried out without the guidance and many residents in the Borough did not have acceptable ID.  She drew attention to paragraph 2.16 of the report which highlighted that the Government and other organisations were concerned about the issue.

The Chief Executive reminded members that there were Borough elections in Swale in 2023, and under the new legislation it would be the responsibility of the Presiding Officer if a resident could vote, according to the ID produced.  She said everyone would be sent a polling card under the assumption they would have Voter ID that they would bring to the polling station to vote, and it would be the decision of the Presiding Officer whether an ID was a good enough likeness for a resident to vote.  The Chief Executive said where voting results were close in numbers, it would be a risk.  She added that, as Returning Officer, it would be her risk.

To address the risk, the Chief Executive said that Kent Chief Executives were all working together with each other and their elections teams to work through the risks listed in Appendix A of the report. 

The Chief Executive then informed members of a further risk to the election that was not set out in the report, around the Coronation of the King which was scheduled to be held on 6 May 2023.  She explained that the scheduled Bank Holiday might be moved to 5 May which was the usual day of counting votes.  The Chief Executive further explained that the term of existing Councillors ceased just past Midnight on Sunday 7 May. She said that Borough and Parish elections and verifications would make it difficult if overnight counting was required.  The Chief Executive said a similar report was being discussed at other Kent Councils and she had also raised the risk with the Borough MP’s, one of whom had written to the Government Minister.

Members were invited to ask questions and make points which included:

·         Thanked the Chief Executive for the update which was alarming but out of SBC’s control;

·         clarification on the mitigation of risks;

·         suggested thumb prints would work better as ID;

·         it was unfair of Government to introduce a scheme with no detail that if went wrong meant SBC would be out of pocket – was there insurance?;

·         what would the impact be if there was a General Election?;

·         was it the same impact on Parish elections?;

·         some residents did not have photo ID such as a driving licence or passports;

·         how would residents access the Government Portal to receive a Voter Identification document, would there be access across the SBC offices throughout Swale?;

·         would there be liaison with the Gypsy and Traveller community;

·         concerned that the Presiding Officer had the responsibility;

·         needed to consider the health and wellbeing of counting staff if it was necessary to count overnight;

·         was the physical risk to Presiding Officers set out in the risk register?;

·         had fraudulent ID been considered?; and

·         postal voting should be promoted as this was easier.

The Chief Executive explained that the rules were set by Government and although suggestions could be made, the legislation had been set.  She said fingerprint recognition required a data base and it was unlikely that Government would support this.  The Chief Executive said that insurance was taken out and checks were being made whether the Council would be indemnified for an election having to be re-run but the biggest issue was that if an election was null and void, there would be no Councillors and a Council could not operate without them.  She said there was provision in the Act that Government could choose not to use Voter ID in a General Election and Government also had the ability to move the date of the end of a Councillor’s term.

The Chief Executive confirmed that they were looking at ways in which everyone who had the right to vote could do but they did not know enough information yet.  She said there would be wide scale communication with groups such as Age UK, Citizens Advice Swale, homeless organisations and with the Gypsy and Traveller community, and members should also be engaging with their residents to keep them informed.  She said that she hoped the list of approved ID would be widened and she listed Swale and Kent Councillor and Officer ID badges as acceptable ID.

Turning to the physical risk to Presiding Officers, the Chief Executive said this was listed as a risk and there had already been liaison with the Police.

In response to a member’s question on ID with a changed name through marriage, the Elections Manager advised that if a marriage certificate was produced with the ID, it would be verified.  He added that the Government had confirmed that out of date ID could be used if the photo was a reasonable likeness.

The Chief Executive said there were also some voters who needed anonymity and a safe space at the polling station where identity could be shown was also needed.

Referring to accessibility, the Chief Executive said that 80% of residents had access to photo ID or a computer, and although 4% had been quoted as those that might need to apply for Voter ID, she thought the figure would be higher as others who already had other ID might also apply.  She said if the secondary legislation was not laid down in time, there was a small chance that the requirement for Voter ID would be delayed.

The Chief Executive said that postal voting was always promoted but the Council needed to enable the choice of voters to vote in the way they chose.  She added that there would be changes to postal voting but this was not due to be implemented until after the Borough elections.

The Chair proposed the recommendation which was seconded by Councillor David Simmons.

Resolved:

(1)  That the specific risks to the local elections in May 2023 arising from the implementation of Voter Identification be noted.