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