Voter registration reform risks enfeebling UK democracy

We could follow the US into electing an illegitimate government.

I write these lines from the United States, where the public drama of the election campaign still has over three months to run. But the real election drama has been fought behind the scenes – and it may already have decided the next President. The UK should heed the lessons while we can.

For over a decade, the two main parties have fought a bitter partisan war over voter registration. At the risk of simplification, the Democrats have been trying to get voters on the ballot, especially among the groups most likely to vote for them, and the Republicans have been trying to keep them off. The Democrats did especially well among the 18 million or so new voters who registered between 2004 and 2008: an estimated two thirds of them chose Barack Obama. This year the Republicans are determined to prevent a repeat.

In 20 crucial swing states Republican governors and legislators have made strong efforts to keep voters off the ballot.  They have been marshalled by a well-organized lobby, the American Legislative Exchange Council, funded by the ultra-rich, ultra-conservative and ultra-secretive Koch brothers. Their prime targets are poor people, African-Americans, Hispanics, students and young people generally, and voters born outside the United States – all groups more likely to vote Democratic. One Republican legislator, Mike Tuzai of Pennsylvania, admitted openly that his party’s tough new voter identification laws were designed to deliver the state and its 20 electoral votes to Mitt Romney.

The Republicans have used four methods. One is to introduce new restrictions on volunteer organizations which conduct voter registration drives. The highly respected, non-partisan League of Women Voters has 70 years’ experience of registering new voters. The Michigan legislature decided that their volunteers required prior state training, although state training courses were non-existent.

Two crucial battleground states, Florida and Ohio, clamped down on early voting, especially on the Sunday before election day, long used by African-American churches to get their congregations to vote after attending services.

Five key states, again including Florida, introduced new measures to purge or exclude former felons (the tactic which delivered Florida – and the United States with it - to George W Bush in 2000).

However, the crucial Republican tactic has been to introduce stiff new demands for photo-identification for voters. As many as fifteen key states have done this. Their rationale is the prevention of voter fraud, although in reality this is extremely scarce.  George W Bush’s Justice Department hunted for cases from 2002 to 2007 and found only one to prosecute.

Republican measures target the 11 per cent of Americans who do not have the standard form of photo-ID, a driver’s licence. They tend to be young, or poor, or non-white, and to obtain alternative photo-ID they are often forced to travel to remote state offices with limited opening hours, and to pay large fees. The Republicans have also made it hard or impossible to use a student ID to vote. In Wisconsin they attached conditions to this which no Wisconsin college can meet. Texas bars the use of student ID for voter registration, but allows the use of a concealed-gun permit.

Some Republican states, including Florida and Pennsylvania, face legal challenges to parts of their measures, but the great majority are likely to stay in place in the run-up to the election. On election day itself, poor and non-white voters in Republican-held states will almost certainly find it harder to get to their voting stations than affluent white ones – a factor which helped George W Bush take the vital state of Ohio in 2004.

This month the Brennan Center for Justice produced a study of the likely impact of the most restrictive voter ID laws in the ten states concerned. It confirmed that poor and non-white voters were less likely to hold photo-ID than the general population, and revealed that 1.2 million eligible black voters and 500,000 Hispanic voters lived more than 10 miles away from their nearest full-time ID issuing office. It also found poor people likely to be deterred by charges of up to $25 for a birth certificate or a marriage license. It noted that the ten states concerned provide 127 votes towards the 270 needed to win the Presidency and concluded “the ability of eligible citizens without photo ID to obtain one could have a major influence on the outcome of the 2012 election.”

To put it more bluntly, the Republicans could win the election and introduce a fiercely partisan programme afterwards by denying millions of potential victims of that programme their right to vote against it. No friend of the US could think that a good outcome. These are the methods of Vladimir Putin, not the leader of the free world.

However, we in Britain have no right to lecture the Americans about electoral process and voter registration. The Parliamentary boundary changes would remove 20 non-Conservative seats before a single vote is cast, and changes in the powers of returning officers have led to the disqualification of thousands of votes on election night. However, the greatest worry is that our next general election could see additional millions of voters excluded from the already incomplete register. This would not be the result of partisan manoeuvring, but the unintended consequence of the government’s introduction of individual voter registration.

The House of Commons select committee studied this issue in depth last year. We received powerful evidence about the extent of under-registration not least from the impartial Election Commission and the Association of Returning Officers, who said up to a third of electors could be deregistered. Other authorities believe that as many as six million eligible voters may not be registered, rather than the 3.5 million normally cited. The non-registered are most commonly poorer people, especially the unemployed and those on the minimum wage, inner-city residents, especially in rented housing, and people from minority ethnic or language communities.

Individual registration could make this problem even worse and the select committee recommended a range of changes to prevent this, including a penalty for non-registration combined with a major public information and outreach effort directed at the groups least likely to register. We have the opportunity to get this right since the Bill is still before Parliament.

Without such measures, our country could follow the US into electing an illegitimate government from an unrepresentative democracy.

Graham Allen is Labour MP for Nottingham North.

David Cameron walks with his wife Samantha as he leaves a polling station in London on May 3, 2012. Photograph: Getty Images.

Graham Allen is Labour MP for Nottingham North.

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Labour’s best general election bet is Keir Starmer

The shadow secretary for Brexit has the heart of a Remainer - but head of a pragmatic politician in Brexit Britain. 

In a different election, the shadow Brexit secretary Keir Starmer might have been written off as too quiet a man. Instead - as he set out his plans to scrap the Brexit white paper and offer EU citizens reassurance on “Day One” in the grand hall of the Institute of Civil Engineers - the audience burst into spontaneous applause. 

For voters now torn between their loyalty to Labour and Remain, Starmer is a reassuring figure. Although he says he respects the Brexit vote, the former director of public prosecutions is instinctively in favour of collaborating with Europe. He even wedges phrases like “regulatory alignment” into his speeches. When a journalist asked about the practicality of giving EU citizens right to remain before UK citizens abroad have received similar promises, he retorted: “The way you just described it is to use people as bargaining chips… We would not do that.”

He is also clear about the need for Parliament to vote on a Brexit deal in the autumn of 2018, for a transitional agreement to replace the cliff edge, and for membership of the single market and customs union to be back on the table. When pressed on the option of a second referendum, he said: “The whole point of trying to involve Parliament in the process is that when we get to the final vote, Parliament has had its say.” His main argument against a second referendum idea is that it doesn’t compare like with like, if a transitional deal is already in place. For Remainers, that doesn't sound like a blanket veto of #EUref2. 

Could Leave voters in the provinces warm to the London MP for Holborn and St Pancras? The answer seems to be no – The Daily Express, voice of the blue passport brigade, branded his speech “a plot”. But Starmer is at least respectful of the Brexit vote, as it stands. His speech was introduced by Jenny Chapman, MP for Darlington, who berated Westminster for their attitude to Leave voters, and declared: “I would not be standing here if the Labour Party were in anyway attempting to block Brexit.” Yes, Labour supporters who voted Leave may prefer a Brexiteer like Kate Hoey to Starmer,  but he's in the shadow Cabinet and she's on a boat with Nigel Farage. 

Then there’s the fact Starmer has done his homework. His argument is coherent. His speech was peppered with references to “businesses I spoke to”. He has travelled around the country. He accepts that Brexit means changing freedom of movement rules. Unlike Clive Lewis, often talked about as another leadership contender, he did not resign but voted for the Article 50 Bill. He is one of the rare shadow cabinet members before June 2016 who rejoined the front bench. This also matters as far as Labour members are concerned – a March poll found they disapproved of the way Labour has handled Brexit, but remain loyal to Jeremy Corbyn. 

Finally, for those voters who, like Brenda, reacted to news of a general election by complaining "Not ANOTHER one", Starmer has some of the same appeal as Theresa May - he seems competent and grown-up. While EU regulation may be intensely fascinating to Brexiteers and Brussels correspondents, I suspect that by 2019 most of the British public's overwhelming reaction to Brexit will be boredom. Starmer's willingness to step up to the job matters. 

Starmer may not have the grassroots touch of the Labour leader, nor the charisma of backbench dissidents like Chuka Umunna, but the party should make him the de facto face of the campaign.  In the hysterics of a Brexit election, a quiet man may be just what Labour needs.

What did Keir Starmer say? The key points of his speech

  • An immediate guarantee that all EU nationals currently living in the UK will see no change in their legal status as a result of Brexit, while seeking reciprocal measures for UK citizens in the EU. 
  • Replacing the Tories’ Great Repeal Bill with an EU Rights and Protections Bill which fully protects consumer, worker and environmental rights.
  • A replacement White Paper with a strong emphasis on retaining the benefits of the single market and the customs union. 
  • The devolution of any new powers that are transferred back from Brussels should go straight to the relevant devolved body, whether regional government in England or the devolved administrations in Scotland, Wales and Northern Ireland.
  • Parliament should be fully involved in the Brexit deal, and MPs should be able to vote on the deal in autumn 2018.
  • A commitment to seek to negotiate strong transitional arrangements when leaving the EU and to ensure there is no cliff-edge for the UK economy. 
  • An acceptance that freedom of movement will end with leaving the EU, but a commitment to prioritise jobs and economy in the negotiations.

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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