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July 20, 2008 Est 1999 Scotland's award-winning independent newspaper
The screw up
The ballot blunders. By Westminster Editor James Cusick and Rachelle Money

AS BALLOT paper after ballotpaper appearedon the returning officer's computerscreen andwasmarked "over voting" and dumpedinthe digital dustbin, Dr Christopher Carman, a senior research lecturer at Strathclyde University's department of government, was in Glasgow's SECC in the early hours of Friday morning as a count observer. He stared at the lines of computerscreensand said: "This is Scotland's Florida on a vast scale."

The scale of the ballot papers being rejected at the SECC was being repeated across Scotland from theHighlandstotheBorders. More than 100,000 votes, 10% of the poll,were being classified as spoiled. As anexperiencedelectionanalyst, Carman, an American, along with Dr Murray Leith from Paisley University, both agreed on the similarities between the Scottish parliamentary reject papers and the design flaws of the Florida "butterfly" ballot paper that gave George Bush the White House in 2000 once the Republicans had overcome the US Supreme Court.

Where "hanging chads" marked the Floridacount debacle,theScottish polls' chaos was characterised by voters putting too many crosses in the wrong place on newly-designed ballot papers thatweresupposedtosimplifythe election of constituencies and list MSPs to the Scottish parliament.

That the parliamentary vote was also taking place at the same time as the new systemfor electing Scotland's local councils - a single transferable vote system, where preferences are numerically ranked on the paper - didn't help.

Voterswerearrivingatpolling stations expecting to both rank their council vote with numbers on one ballot paper and on another paper place two crosses in the parliamentary vote.

Within an hour of the counts beginning across Scotland, the scale of the confusion was evident. The independent Electoral Commission will this week begin a statutory review of how the election was conducted, looking at the delays in postal ballots which also took place,andtheperformanceofthe electroniccountingmachines.The review will be carried out by Sir Neil McIntosh, the Scottish Commissioner of the Electoral Commission.

A wider independent judicial inquiry will also take place, ordered by Alex Salmond in the expectation that he will shortly become first minister in the Scottish Executive.

A blame game has already started about who should be held responsible. Theonly agreement so far is on the descriptionofthechaos:Salmond called it a "debacle", Annabel Goldie, leader of the Scottish Conservatives, branded it a "shambles", with Alistair Darling, the former Scottish secretary, sayingthevotewas"totally unsatisfactory".

The starting point for both inquiries will go back to middle of 2004 when Darling,thenthenewScottish secretary, appointed Sir John Arbuthnot to examine the growing complexity of Scotland's voting systems.

A single transferable vote system was to be introduced, planned for May 2007. Ineffect,Scotlandnowhadfour differentvotingsystemsbetween Westminster, the Scottish parliament and its councils.

Arbuthnotconsultedwidelyand reportedinJanuary2006.However, someofthosewhoservedonthe commissionhavetoldtheSunday Heraldthatthefinalconclusions delivered by Arbuthnot to Darling did not reflect any deep unanimity.

Theadditionalmembersystem (AMS) was to be retained for the parliamentary elections, but a new ballot paper was proposed. Its aim was ironically to improve voter understanding of the additional member system.

With the Scottish Executive already committed to holding both the parliamentary vote and council elections on the same day - despite relatively strong objections from both the SNP and the Conservatives - the decision to introduce STV for the council vote meant any redesign of the parliamentary ballot paperbecameacrucialelementin Scotland's changing democracy.

SomevoicesontheArbuthnot Commission, the Sunday Herald has learned, also warned about the inherent dangers of presenting voters with too many changes on one single day. These objections were over-ruled by the ScottishExecutive.Thereason? Party activists could be relied upon to come outinforceforcouncilvotes.The parliament vote could also take part on the same day and take advantage of a party machine in top gear.

The political spotlight now fell on the design of the new ballots. The Scotland Office hired the Electoral Commission to deliver a ballot design. It began on June 9, 2006 and took three months to present its findings.

Thequalitative research company, CraggRoss Dawson, tested five differentdesigns on100voters acrossScotland. Interviewstook placeinDundee, Edinburgh,InvernessandGlasgow.Those consulted said they preferred both the constituency and regional votes to be a single page. One of the five designs, based on a New Zealand ballot paper, was approved by almost half of those consulted. The Electoral Commission tookitsfindingstotheScotland Office in August 2006, saying it had found the design which was "the easiest to use."

Crucially, and this will inevitably be of concern to an inquiry, there was no "live" testing of the new ballot. It was simply not regarded as necessary.

A single ballot paper was also politically attractive. It showed that neither the regional list nor the constituency vote was given prominence. As there was no first or second ballot for MSPs there would be no first or second-class MSPs in Holyrood, all would have the same standing. The ballot design was meant to be the leveller.

A series of presentations was prepared by the Scotland Office. A "briefing pack" was sent out to all the political parties. The presentations took place in Holyrood, with the design of the new ballot taking priority.

Peter Murrell, chief executive of the SNP, wrote back to the Scotland Office on August 16, 2006, after being given details of the new ballot. In his letter to Sheila Scobie, head of elections and social policy at the Scotland Office, he wrote:"Wesupportasingleballot paper." All registered political parties at Holyrood were consulted. The Scotland Officereceivedonlytwoformal objections: one from the Liberal Party of Great Britain and the other from Scottish Senior Citizens Unity Party.

The former MSP from the pensioners party, John Swinburne, recalls the presentation. "I told them if it ain't broke don't fix it'. I told them it would cause confusion. We were sold a pup."

One Scotland Office insider said if government ministers had been seen as trying to force a new voting system on reluctant MSPs of any party "this would have dominated the news agenda for months". Hindsight examination has broughtcriticismoftheScotland Office'sseniorrole.JohnSwinney, former leader of the SNP, claims his party were shown nothing concrete, only broad outlines of proposals. He says the chaos could have been avoided.

But the SNP's letter to the Scotland Officeshowstheyseemedhappy enough at what was being proposed. No-one - except John Swinburne - saw May 3 and the debacle coming.

Amy Rodger, Scottish director of the ElectoralReformSociety,saysthe Scottishelectorate "must be feeling disenfranchised with all this". She said thedesignofthepapermusthave appeared confusing.

Rodger confirmed that the Electoral Commission was among those who told the Scotland Office that it would be better if the votes were carried out on separate days. But its preference was notpushed,norwascatastrophe predicted. A full separation is something any inquiry will have to consider.

DrNicolaMcEwenofEdinburgh University, who served on the Arbuthnot Commission, questions the entire legitimacy of the poll result.

Robert Richie, the executive director of the US-based Fair Vote organisation, was one of 30 experts from North America who came to Scotland last week expecting to see democracy in action. He left disappointed. "The most fundamental flaw was the ballot design."

Richie rejected suggestions that holding both the council and parliamentary electionson the same day had contributed to the chaos. "There are lessons to be learned here there are parallels with Florida in 2000."

But there will be no Supreme Court final say here. For Dr Leith at Paisley University, Thursday was a "PR disaster" for Scottish parliamentary democracy.

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Posted by: alansmart, www.youscotland.com on 3:16am Sun 6 May 07
It is absurd for an independent Inquiry to be headed up by the Electoral Commission , least of all its Scottish Commisioner, ex Strathclyde Reginal Council (Labour) Chief Executve SIR Neil McIntosh. Labour politians aside, it was the Electoral Commission in Scotland , headed up by Andy O'Neil ( Ex COSLA ( Lalbour) and an ex labour Party member) whicg was most to blame for the shambles, the democratic disgrace . Spare us all this double insult

This "inquiry" will be nothing more than an excuse fiding mission, a complete joke were the issue not so serious, so fundamental.

There is another way, one we can all determine, first of all by signing this e-petition, and then by ensuring as many people as possible have this same opportunity. Each one of us has an obligation to the 100,000 plus who were cheated out of a vote last Thursday

http://www.ipetitions.com/petition/ScottishVoteScandal2007/
Posted by: John Hamilton, Stirling on 3:50am Sun 6 May 07
Message to SundayHeraldwebsiteeditor:

Pleasesortouthtespacingproblems asthey aremakingthis onlineeditionofthepaper UNREADABLEANDVERYANNOYING !!!
Posted by: Alan, Edinburgh on 4:15am Sun 6 May 07
Re-run this travesty of "Scottish democracy" ... NOW.

I was one of the TENS of thousands who lost out on my postal vote - the first time i have missed voting - and i am incandescent about this latest SCOTTISH NATIONAL DISGRACE that was our supposed election. But there is about as much chance of our newly elected self-serving politicos demanding a re-run to this debacle as there is in Alex Salmond wiping that permanent smug grin off his chubby face.

The politicos who were pipped by a few hundred votes, where the "spoilt" ballot papers outnumbered the overall "majority", should be taking IMMEDIATE legal action.

Let's hope "King Alex" and his Court Jesters (Kenny "The fact of the matter is... " / "Man of Justice" MacAskill; "The Wee Nippy Sweety"; and the rest of the inner-circle) are forced into a minority rule and we somehow, in the next few weeks / months, get a complete re-run of OUR DEMOCRATIC (fare, proper and JUST) SCOTTISH PARLIAMENTARY / COUNCIL ELECTIONS ... though, of course, we won't hold our collective breath.

Q: What do you call a 129 MSPs (and ALL self-serving Scottish / UK politicos generally) at the bottom of the North Sea?

A: A b****y good start!
Posted by: Kirsten, Edinburgh on 12:14pm Sun 6 May 07
I worked as a polling clerk at my local polling station on Thursday.341 people cast their vote at that polling station. To every single one of those voters, we said "the white paper is the council paper and it goes into the white box. You're asked to rank these candidates in order of your preference, with 1 being your first choice and 10 being your last choice. You can rank as many or as few of them as you like, you do not have to do them all. The coloured paper is your parliamentary paper and it goes in the black box. You are asked to make one cross on each side of the paper. When you're done, please don't fold the paper, just slide it flat into the box. Please ask us if you have any questions."

In addition to us explaining, there were posters all over the polling station and in each individual voting booth. Many people came back out of the booth to ask for more clarification, and many people actually asked for advice on how to deliberately spoil their paper.

When does it stop becoming everybody else's fault and start being the problem of the individual voter? How much more clear could we have made it?
Posted by: Wha Sae base As Be A Slave, Chains an' Slavery. on 4:17pm Sun 6 May 07
ALAN, EDINBURGH
You clearly won't take a hint mate.You are just a bitter and twisted wee LOSER.
All of us regret profoundly the F** Up in the votes...but it sure as blazes wasn't the SNP's fault. ..and YES..there should certainly be a judicial enquiry into who cocked it up.
You, however are really just moaning 'cos YOUR particular choices didn't get in...TOUGH LUCK.....but GET OVER IT !!
Posted by: WW, Scotland on 4:55pm Sun 6 May 07
In the article above you say "more than 100,000,10% of the poll" were spoiled. You might want to do a recount yourself

According to the BBC website around 2 million votes were cast on the regional list which gives a total of less than 5% spoiled. Also how much is up to 100,00 ?

Given that around 4 millin votes in total were cast for Holyrood does this percentage fall even further ?

Posted by: Jane Mclaren, Edinburgh on 8:44pm Sun 6 May 07
I would like greater media focus on the issue of insecure ballot boxes. There has been a television report of a voter in my own Ward finding piles of papers stacked behind the polling clerk's desk. Today I heard of other ballots transported in plastic bags. This is of greater concern than spoiled votes, deliberate or otherwise, or software issues. It suggests a fundamental right was treated casually. I would like to know the official advice given when a new ballot box proved insecure at the polling station and whether it was followed.
Posted by: Dorothy Devine, Glasgow on 11:00am Sat 12 May 07
Can someone tell me what happened to the Edinburgh chap with the golf club? Only in Edinburgh would someone use a number nine iron,in Glasgow it would have been a baseball bat or just a wee punch up!
Posted by: harland, http://www.mp3-conne ct.com on 4:42pm Wed 30 Jan 08
I would like greater media focus on the issue of insecure ballot boxes. There has been a television report of a voter in my own Ward finding piles of papers stacked behind the polling clerk's desk. Today I heard of other ballots transported in plastic bags. This is of greater concern than spoiled votes, deliberate or otherwise, or software issues. It suggests a fundamental right was treated casually. I would like to know the official advice given when a new ballot box proved insecure at the polling station and whether it was followed.
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