Don’t let the powerful hijack our election laws

Sam Coates, Unlock Democracy

If you were angry about Vote Leave getting away with cheating, it could become the new normal.

In 2016, the Vote Leave campaign broke its campaign spending limit by funnelling £675,000 to ‘third party’ fashion student Darren Grimes. The fine of £61,000 by the Electoral Commission imposed on Vote Leave was around 1% of the extra, illegal spending. A small price to pay for all the campaign firepower of that illegal spending[1].

We’ll never know what impact this had on the referendum result, but it violated a basic principle of fair play in election and referendum campaigns. If the rich can just buy the result they want, do we meaningfully live in a democracy?

Now changes on the way could sideline the public even more. Westminster’s Committee for Standards in Public Life is quietly consulting on what the principles should be for regulating elections, and what these rules should try to achieve.

Powerful forces will use this opportunity to dismiss the influence of money in politics altogether. Recently the Telegraph, the PM’s former employer, owned by the Billionaire Barclay brothers, published a comment saying the Electoral Commission should be abolished[2].

Instead, they’ll try and distract us with phantom threats - like voter impersonation, which isn’t a real problem in the UK[3]. With Johnson this week dismissing the significance of one of his ministers lobbying for a private property developer, we can see the impact such a move could have on the behaviour of governments[4].

In the middle of a pandemic, a consultation like this may be missed by the public, leading to a top-down, undemocratic review of the fundamental principles that guide our elections. This couldn’t be more dangerous - on top of a deeply flawed electoral system, letting rich donors run riot with online dark ads, overspending with impunity would leave the public vulnerable to manipulation. People would have little meaningful influence over politics.

We should reject this top-down review of the basic principles of elections. Any bigger discussions about major changes to election rules must be part of a deliberative process, where the public sets the terms. Politicians at the centre of a discredited and distrusted political system have no right to make these huge decisions without our say-so.

Instead, a public-led process like a citizens’ assembly could focus on the values of fair play, and helping the public stay informed. A space for members of the public to work through these questions together, instead of debates being conducted through the billionaire-owned press could be a game changer. The Irish citizens assembly on abortion and equal marriage, and the Icelandic constituent assembly have shown what is possible when this happens.

The pandemic has brought almost daily scandals of government inaction, incompetence and what looks like corruption. More people than ever can see clearly how necessary it is we have real power over those who rule us. Fair elections free from manipulation and cheating are at the very foundation of this - without them we don’t live in a real democracy.