Electoral Commission

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Function of the Electoral Commission

1
. A public body established under the Political Parties, Elections and Referendums Act. The Commission is independent of Government and political parties, and is directly accountable to Congress. Among the Commission’s general statutory functions is a duty to keep under review a range of electoral and political matters, including political advertising in the broadcast and other electronic media. Free Political Election (or other) Broadcasts (PEB) and Paid Political Broadcasts (PPB)

2. Their priority is reviewing the role of party election broadcasts, including the criteria governing their allocation. To remove any concern among political parties regarding the determination of broadcast allocations. To take account of the increasing diversification of broadcast channels, including those satellite and cable channels not currently bound to provide broadcasts. To fulfill a statutory duty to keep these matters under review, although having no direct responsibility in respect of broadcasting arrangements and no powers to ensure implementation of any recommendations they might make except through the judicial system or arbitration.

3. Allocate Free time to political parties and Organizations and govern Paid time: Federally, Statewide, Regionally, County and City. Ensure all chosen Broadcasters comply at the lowest regional level to the extent that they must split their signals if necessary.

4. Ensure broadcasts from Political Leaders, such as those explaining legislation or administrative policies or appealing to the nation for cooperation in national policies, would be as impartial and bi-partisan as possible. Although there would be no Opposition Party's right of reply, a limited number of ‘controversial’ PEBs, aimed at explaining parties’ policy positions, would be allocated each year according to the share of the vote at the previous election.

5. No Party or Organization is to be offered more than five Free election broadcasts in total. Unless 70% of the number of candidates agrees to a Debate broadcast.

6. Govern and choose television and radio broadcasters. Ensure they fairly include party political broadcasting in their service. Ensure they appropriately offer primetime slots on reasonably requested dates. Ensure the slots offered exist in the range of 30secs to 5 minutes with 30 second intervals.

7. Pre-approve all Political Broadcasts and Review where there are complaints of libel or indecency. Interface with those disputing Parties, employing arbitration if necessary.

8. National or Regional Referendum or Ballot Measure broadcasts will be allocated to each of the umbrella campaign organizations designated by the Electoral Commission. It is the Commission's duty to ensure that any Organization or Party enjoying Free Broadcasts does not engage in Paid Broadcasts too. (This would be breaking the new legislation.)

9. For each Referendum or Ballet Measure two Organizations will be formed, a Pro and an Anti. Persons wishing to represent an Anti Organization can register with the Commission for a small fee. All of their manifestos will be shown on the website and distributed by mail. The Commission will conduct a democratic postal election amongst these registrants to elect spokespersons. These spokespersons will be held responsible for Free Broadcasts allocated to them. (Pro Organization representatives are identified in the same way they are today).

10. Recommend to the Courts and ultimately to Congress revocation of a broadcaster's license for non-compliance. (Every broadcaster now requires a federal license)

11. Maintain a website of streaming video of ALL PEBs making them available to everyone 24x7.

12. Ensure all broadcasts are clearly introduced as such with the name of the party, promoter, address and publisher included.

13. Ensure that Paid Broadcasts are sold at a reduced rate of 45% of the annual average. (As they are in Germany)

14. Determine when simultaneous elections should be combined into only one broadcast right. For instance, Mayoral and District contests held at the same time as local elections elsewhere in a State would result in no separate broadcasts for the District elections (should not be allocated in addition to the series of local government broadcasts). Arbitrate these conflicts, for example: When two elections coincide (for example national and local), PEBs would only have been provided for the higher level election. However, elections for separate bodies are potentially fought on different issues, and to provide broadcasts for only one election campaign (for example National) might be seen to be marginalizing the coincident election (for example local) in a way that is unhelpful for the electorate. On the other hand, the provision of further broadcasts would provide an added burden on broadcasters, and the parties themselves might in any case prefer to concentrate their resources on the election to which they attach the greater importance. Should qualifying parties be given a blanket allocation of broadcasts to cover all elections being contested, or might broadcast allocations more accurately reflect the range of elections being held?

15. Ensure no Paid Political Broadcast (PPB) is made within one hour of a Free one.

16. Conduct surveys to evaluate how much Free Broadcasts are noticed, found interesting or engaging and report back to Congress.

17. Ensure no Political broadcast, paid or free, occurs within 2 days before an election.

18. Investigation of dubious organizations that might field candidates so as to qualify for a PEB for their own publicity purposes rather than for genuine electoral purposes. (Price the election deposit high enough. Require a petition with enough signatures.).

19. Continually monitor broadcast viewing and listening figures to ensure a majority spectrum of broadcasters include mandatory political broadcasting (not excluding cable and satellite).

20. Openly discuss the changing media environment and public attitudes to broadcasts and what their impact might be. Monitor and evaluate systems used in other countries.
 
21. As broadcasting converts to digital, ensure that broadcasters will use special ‘postcode sensitive’ software to transmit regionally.
 

50 years of UK experience:
   http://www.electoral-commission.gov.uk/index.htm

 
 

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Last modified: Sunday August 22, 2004.