Democracy and Boundary Commission Cymru Cymraeg

What is the Electoral Management Board?


Background

The Democracy and Boundary Commission Cymru has established the Electoral Management Board.

The EMB is a part of the Commission, and has statutory responsibility for exercising certain functions.

Functions of the EMB

Electoral Administration Functions

The EMB co-ordinates the administration of Welsh elections and referendums, meaning Senedd Cymru elections, local government elections in Wales and devolved referendums.

This function includes:

  • Assisting returning officers, local authorities and other persons in carrying out their functions in relation to Welsh elections and referendums
  • Promoting best practice in the administration of Welsh elections and referendums by providing information, advice or training (or otherwise)
  • Providing information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums

Directions to returning officers

The EMB may give directions to returning officers about the exercise of the officers’ functions in relation to:

  • Senedd Cymru elections generally, or a particular Senedd Cymru election
  • Local government elections in Wales generally, or a particular Welsh local government election
  • Devolved referendums generally, or a particular devolved referendum

The EMB must consult the Electoral Commission before giving a direction. The EMB must also publish each direction it gives.

A direction may require a returning officer to provide the EMB with information, or to perform the officer’s functions in a particular way.

Returning officers must comply with a direction unless doing so would be inconsistent with a statutory duty or where polls are combined with reserved elections.

Directions to electoral registration officers

The EMB may also give directions in writing to electoral registration officers about the exercise of the officers’ functions in relation to:

  • A particular Senedd Cymru election
  • A particular local government election in Wales
  • A particular devolved referendum

Again, the EMB must consult the Electoral Commission before giving a direction. The EMB must also publish each direction which it gives.

A direction may require an electoral registration officer to perform the officer’s functions in a particular way.

Electoral Registration Officers must comply with a direction unless doing so would be inconsistent with a statutory duty or where polls are combined with reserved elections.

Welsh Elections Information Platform

The Welsh elections information platform will provide up-to-date information to electors to support their participation in Senedd Cymru elections and ordinary elections to principal councils in Wales.

The regulations require the EMB to include certain information on the platform and give the EMB discretion to include other information it feels would benefit Welsh electors.

The EMB must take reasonable steps to ensure that the information published on the platform is accessible.

Welsh Ministers must publish and lay before the Senedd a report within 12 months of the elections taking place, about how the platform has been established and operated. The EMB must provide Welsh Ministers with assistance and information in connection with the preparation of these reports.

Welsh elections piloting and reform

The EMB also has functions in relation to Welsh election “pilot regulations”.

Pilot regulations make temporary provision about electoral matters affecting Senedd Cymru elections or local government elections in Wales. Those matters include the registration of electors, voting arrangements and arrangements for counting votes, communication with voters about elections and relevant processes and procedures affecting polling.

Pilot regulations can be proposed by the Welsh Ministers, principal councils (with or without the cooperation of the Electoral Commission) and/or by electoral registration officers.

Before the regulations can be made, proposals must be submitted to the EMB for assessment, and the EMB must produce a report assessing the proposals. In particular, the EMB must assess whether the objective of the proposed pilot is desirable, as well as the likely costs and feasibility of the proposed pilot.

If a pilot will affect the area of a principal council which has not provided its consent to the pilot, the EMB must make recommendations as to whether the pilot regulations should be made without the principal council’s consent. The EMB must produce its report within 6 weeks from the date when it receives the relevant proposals.

If the EMB considers it likely that a pilot affecting more than one principal area will take place, the EMB is required to establish a “Welsh election pilot forum” for discussion of issues relating to the pilot(s).

When pilot regulations are made, the EMB is also required to give guidance on the implementation of the regulations. This must include advice on the arrangements needed for the pilot, the staff training required and how the pilot may be run in accordance with the pilot regulations.

Reserved Elections Matters

The EMB has no statutory role in regard to reserved matters, however it may provide input to the UK Government in regard to reserved elections matters.

When providing input on reserved matters, the Board will be doing so on behalf of, and representing the views of, returning officers and electoral registration officers in Wales.

Other functions

Welsh Ministers may from time to time confer other functions on the EMB by making new Regulations.

Operating arrangements

The EMB consists of:

  • a member of the Commission to chair the EMB who is a former elections officer
  • one other member of the Commission
  • at least four other members who are elections officers or former elections officers, one of whom is the deputy chair of the EMB (and for this purpose an “elections officer” is a returning officer or an electoral registration officer)

The members of the EMB are appointed by the Commission.

Accountability

The Board will operate within the governance framework of the Commission, including as to expenditure and the handling of information. The Commission will report on the activities of the Board in its annual report.