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The Electoral Commission's briefing to the incoming minister discusses areas of concern and external factors covering: a problematic structure of electoral administration, the importance of independence in electoral administration, tightness of timing for any law changes, declining electoral participation, and an inadequate research base. 

Issues predicted to need ministerial consideration in the next six months include the structure of electoral administration, electoral law review, possible unification of electoral education for all systems in one body, making encouragement of participation a statutory role, and giving support to citizenship education.

Who we are and what we do

The Electoral Commission is one of three agencies with a role in electoral administration.  The roles of the Electoral Commission, as set out in the Electoral Act, and reflected as outputs in the Memorandum of Understanding are:

• Application of the provisions of the Electoral Act 1993 relating to political parties, which covers registration of parties and of logos, receipt of annual donation returns, receipt of election expense returns
• Promotion of public awareness of electoral matters
• Allocation of election broadcasting time and funds  in accordance with the provisions of the Broadcasting Act 1989 (prior to each general election)
• Provision of advice on electoral matters, to Ministers, Parliament and Select Committees
• Publicity in connection with a general election

The Electoral Commission is an Independent Crown Entity which was established by section 4 of the Electoral Act 1993 and came into being in 1994.   Section 7 of the Act states that the Commission acts independently and shall not be responsible to any Minister of the Crown.   The Commission reports annually to parliament through an Annual Report  (The report for 2004/05 will be presented to you shortly for tabling). 

The relationship between the Commission and the Minister of Justice is governed by an annual Memorandum of Understanding which includes an annual Statement of Objectives.  Ministerial Expectations for the Electoral Commission were agreed in 1998. The Electoral Commission reports quarterly to the Minister and Ministry and operates a 'no surprises' policy.  A copy of the current MoU is appended, and your attention is drawn in particular to the [363 Statement of Objectives] for the current year set out on page 23.

The four Electoral Commissioners set policy and fulfil a governance role.  They are:

• The President, who must be a current or retired judge:  Hon Justice Tony Ellis
• The Secretary for Justice, ex officio:  Ms Belinda Clark
• The Chief Judge of the Maori Land Courts, ex officio: Chief Judge Joe Williams
• The Chief Executive, who is appointed to the full-time job by the Governor General: Dr Helena Catt

For the purposes of allocation of broadcasting time and money at the 2005 general election two additional commissioners were appointed for a 12-month term:

• Representative of the Government: Hon David Caygill
• Representative of the Opposition parties:  Mr John Isles

The staff of the Electoral Commission are:

• Chief Executive: Helena Catt
• Communications Manager: Peter Northcote
• Senior Legal Adviser: Geoff Barnett
• Office Manager: Larraine Biggs

The annual budget for the Electoral Commission has been $734,000 (excl GST) since the 2000/01 year.  In an election year an additional budget has been provided for the election MMP-related information campaign; $1 million (excl GST) in 2005.  The amount of money made available by Parliament for allocation to registered political parties for allocation for election broadcast advertising was $3,212,000 (incl GST).

Vision, guiding principles and strategic goals

A strategic plan for 2004 to 2011 was agreed in 2004.  The main points are summarised below, and a copy is appended.

The Electoral Commission?s vision is that New Zealand's electoral framework and processes are widely used, understood, trusted and valued.

Activities designed to achieve our vision are grounded in the international research literature, particularly from political science and social marketing.   Key concepts used include:

• social capital theory (Putnam)
• theories of insufficient reward for voting and its habitual nature (Franklin)
• political efficacy (explained shortly)
• individual behavioural change model (pre-contemplation / contemplation / preparation / action / reinforcement) (Andreasen)
• population behaviour change model which requires appropriate policy and institutional design, the building of community action and individual skills, and a supportive social environment for a population to adopt and maintain a desired behaviour (Ottawa Charter for Public Health)

Political efficacy is a person's self-belief in their own ability to understand politics, its relevance to their life, confidence that politicians listen, and in the power of their voice and vote to make a difference.  To make a significant impact on the extent to which people use, understand, trust and value our electoral framework and processes we have to persuade them that politics matters to them and that they can make a difference: and so increase levels of political efficacy.  Increasing political participation and levels of effective voting (where a valid vote has the best chance of achieving the outcome desired by voters) requires improving knowledge, motivation and behaviours.  This work on efficacy needs to happen outside of the election period, and is at its most effective when it gives people a positive experience of the power of their own voice or vote in civic affairs a particular focus of our schools focused work.

In all of our work we adhere to the Guiding Principles of Electoral Administration which specify:

• independence
• neutrality
• service to voters, candidates and parties
• professionalism
• responsibility and accountability. 

Our other core values are:

• recognition of obligations under the Treaty of Waitangi
• creativity
• an ethic of care
• responsiveness
• being outcome focussed
• public service.

In meeting our statutory guardianship obligations we:

• Enhance the quality of democracy by making electoral matters relevant for all people and providing information and education to enable people to be electorally effective.
• Encourage others to promote active, informed social participation focussed on electoral matters.
• Assist political parties to meet their statutory requirements and entitlements.
• Work collegially with other electoral entities, parliament and government to ensure a seamless service to our users.

In order to live up to our values and progress towards our mission and address our strategic issues, we have identified four broad strategic goals to guide our annual planning over the next five years:

• Internal administrative systems that support our vision.
• An established education role that focuses upon realising our vision.
• High levels of credibility with our stakeholders.
• Positive evolution of New Zealand's electoral administration.

Areas of concern and external factors

The following describe the main factors which the Electoral Commission has to take into account when planning and making decisions.

Structure of electoral administration is problematic 

The current three agency structure is recognised as having some problems such as causing confusion for people who use our services; and making some co-ordination difficult.  There are also issues due to the differences in structure and role.  The Taskforce on Electoral Administration recommended in 2001 that a single agency be formed.  The select committee review of the 2002 general election suggested that this issue be considered as part of a fundamental review.

Independence of Electoral Commission is vital

Our work has to be, and be perceived to be, independent of political control.  The ways in which independence is understood and guaranteed has a significant impact on how we operate.  We need to be part of all discussions on this issue.

Timing of legislative change is very tight

Legislation prescribes our role and details of how we perform certain tasks.  Any change to the structure of electoral administration would involve legislative change.  There is agreement that any significant change would need to be completed a year before a general election is to be held.  Therefore the available time for discussion and legislation is tight within a three year election cycle. 

Levels of political participation are trending down

Turnout at the 2005 general election was higher than in 2002 but lower than in all other general elections since 1978.  As well as overall levels of decline, there are particular groups within society where interest in politics, understanding of the system and participation are significantly lower than for the general population.  In particular Maori, young people and Pacific peoples have lower levels of engagement.  We do not have good information on the level of political engagement amongst other sections of society and thus do not know who else we should target.  Research suggests that before we can interest people in information and education about how the electoral system works, we first have to encourage their engagement with the political system.

Inadequate knowledge base of reasons for declining participation

There is little good, research based, information available on levels of political engagement in New Zealand society and reasons why engagement is low amongst some sections of society.  We need this information to confidently design and deliver effective education campaigns. Quality research is expensive and current budgets do not allow the Electoral Commission to commission significant research projects.

Issues that will need Ministerial consideration in the next six months

 Outstanding from the Justice and Electoral Committee (JEC) review of the 2002 general election

A single electoral agency and fundamental review of electoral law is overdue 

As noted above, past select committee reviews of the general election have proposed that a single electoral agency replace the existing three agencies.  If any change were to be made in time for the next scheduled general election then the process of determining the details of that change and the institutional structure for the new agency would need to start as soon as possible.  The JEC report recommended this change as part of a fundamental review of the law relating to parliamentary elections.  Again, timing is tight if such a review is to occur and changes be in place before necessary planning for a 2008 election begins.

 Issues raised in the Justice and Electoral Committee (JEC) Inquiry into the 2004 Local Authority Elections

Education and information on all electoral systems used in New Zealand needs to be unified under one agency

At present the Electoral Commission's education and information role is restricted to the general election.  In 2004 education on STV, used in some local body elections and all DHBs, was provided by the Department of Internal Affairs. The JEC Inquiry recommended, by majority, that  the Government should fund a single agency to be responsible for education and information on all electoral systems used in New Zealand'.  The Electoral Commission's submission recommended that we take on this role.  As the next local body elections are in October 2007 and planning for the education campaign starts over a year before the elections, legislative changes and resourcing would need to be made my mid 2006.

Encouraging electoral participation is currently nobody's statutory role

At present no agency has a statutory role in encouraging electoral participation.  The issue of low turnout was discussed in relation to local body elections.  Turnout at general elections is also declining. The JEC Inquiry recommended that the Government should fund a single electoral agency to be responsible for improving voter turnout and awareness in general and local elections.  The Electoral Commission thinks that it is best placed to take on this role as part of its existing education and information role.

Citizenship education is gaining attention but needs strong support and guidance

In August of this year both the review of local body elections and the review of the constitution recommended that citizenship education be added to the school curriculum.  The Electoral Commission has an active interest in citizenship education as part of our education role.  The Report of the Constitutional Arrangements Committee recommended that in order to foster greater understanding of our constitutional arrangements  increased effort should be made to improve civics and citizenship education in schools.  The Local Authority Elections Inquiry, by majority, recommended that the Ministry of Education should be encouraged to strengthen the place of citizenship education in the curriculum and make more teaching resources available for this purpose. All strands of the compulsory school curriculum are currently being reviewed by the Ministry of Education with revised statements due to be sent for consultation in 2006.  The Commission has been closely involved with this process.

 Other Issues

Bid for additional funding for educational resources and professional training in upcoming budget round

The Electoral Commission has indicated to the Ministry of Justice that it will submit a bid for extra funding in the 2006/07 year for citizenship education resources.  Teacher professional development in citizenship education is needed to encourage greater and better teaching on citizenship broadly and electoral matters specifically. Excellent educational resources, created based on educational benchmarks and best practice are also needed.

Appendices

 Memorandum of Understanding between the Crown and the Electoral Commission for the 2005/06 year.  (This is included in the downloadable version at right).

Related

[368 Electoral Commission Strategic Plan 2005-2011]