There was a curious piece in the Independent earlier in the month about spoiled votes. It sought to present the situation at the last Presidential in the following terms:
The Electoral Commission published valuable research last week on the huge number of spoilt votes in last year’s presidential election. Unsurprisingly, an overwhelming majority of the 13pc who spoiled their votes say they did so because of the lack of choice or because the nomination process was too restrictive.
As it analyses these results, however, the commission should reflect on the inappropriate attempts it made in the dying hours of the campaign to persuade people not to spoil their vote.
And it continued:
As polls opened on October 24, Art O’Leary, the commission’s chief executive, told The Irish Times that a person “can choose to spoil their vote… All we say in response is that one of these candidates will be elected president, and if you want your voice to be heard then you should vote for a candidate”.
Later that afternoon, RTÉ News quoted the commission as having told them that any vote that was deliberately spoiled “would simply be cast aside, and the voice of the voter won’t be heard”.
The conclusion being:
By any yardstick, these comments were inappropriate, since they were made with the clear intention of encouraging people to vote (or rather, not to vote) in a particular way.
Interesting. The problem being that factually the Electoral Commission’s calls were factually correct – spoil a vote and that vote isn’t counted.
But the author of the piece argues:
By stating in unambiguous terms that voters should not spoil their votes, the commission was making a value judgment on what transpired to be the democratic choice of 213,738 voters.
The presidential contest was the first Irish election to feature an organised campaign calling on voters to spoil their ballots. The Government and almost all opposition parties were openly hostile to this, so it is deeply concerning that the Electoral Commission thought fit to row in behind their position.
The problem being that doesn’t matter. Since a vote is spoiled and there is no means to determine (broadly speaking) what the intent of the voter was – or indeed whether they aligned with the ‘campaign’ to spoil the votes, or not, and even if it was and they did, it is irrelevant. A spoiled vote has no power in our system. A ‘campaign’ is not a political party, or even a political position. It is not on the ballot, it is impossible to clearly determine, in the way that a candidate for election can – since a voter can choose to vote for them, what the intent of the voter is. And this effort – which we’ve seen from certain quarters, to paint this non-vote as somehow indicative of more than it is is equally pointless.
The truth is that at the last election and the one before that there were multiple candidates – thrown up by exactly the same system of nomination as was used this time. That Fianna Fáil would select a candidate of almost unparalleled inability to contest the election was unforeseeable. That Catherine Connolly would corral so much support from the opposition ditto. It was touch and go whether SF would contest the election or not until quite late in the day. A small change here or there could have seen four candidates, possibly more if nominations through the council route had been successful. Or as has been noted, had a certain candidate of the conservative hard right moved into the field even a couple of months earlier it is entirely possible that they would have been successful in being nominated.
For those of us with not that long memories, as in this instance, many times when just two candidates graced the ballot papers. Most of us, even those bitterly opposed to the lack of other candidates, understood that that was the way the system worked. None of us ever expected Fianna Fáil or Fine Gael to nod towards some sort of pluralism and assist political rivals nominations because that’s not how politics functions – it is about contending worldviews and building sufficient support in councils and the Oireachtas. One can go further, all this is an essentially childish and entitled view of political activity which doesn’t understand, or pretends not to understand the competitive nature of political activity.
In the 1970s and before the left was too marginalised to be able to nominate candidates. Thankfully those days are now over, but they could come again. If so it will, once more, be the task of the left to build up the support it can to ensure that its candidates are on the ballot paper.
The piece continues:
The Oireachtas has not given the commission any role whatsoever in policing “traditional” campaigning in the form of the contents of posters, leaflets or statements made by campaigners. The campaign to spoil votes was none of the Electoral Commission’s business. So why did it feel the need to intervene?
Well, that’s a curious question because it takes all of ten seconds to discover this. May 2024 and the Commission released this:
Let’s Have No Repeat of 100,000+ Spoilt Votes in June’s Euro & Local Elections
Don’t Spoil Your Day’ Voter Education Drive Launched in Empty Croke Park
27 May 2024 – An Coimisiún Toghcháin, Ireland’s independent electoral commission says there should be no repeat this June of the 108,488 spoilt and ineligible votes in the last European and local elections, and has kicked off a voter education drive to help voters avoid unintentionally spoiling their votes on 7 June.
This number of votes is the equivalent of the full capacity of Croke Park stadium with another third of the stadium again, or put in another way the equivalent of the combined population of Drogheda, Dundalk and Sligo. The vast majority of these votes were not intentionally spoilt (see tables below). The people who cast them have no idea that their votes did not count.
Of the spoilt votes in the 2019 local and European elections, evidence shows that 34,618 such votes were not counted in the local elections and 73,870 were uncounted in the European elections held on the same day.
Ireland’s independent electoral commission is determined to lower this number on 7 June when European, local and Limerick mayoral elections take place. To help achieve this goal, it has kicked off its “Don’t Spoil Your Day” Voter Education Drive.
A new 3-minute and 1-minute video showing what you need to vote and exactly how to properly fill in your ballot. The video takes people through the voting process from entering the polling station to successfully completing your vote.
The Electoral Commission is sharing the video and associated materials with Local Authorities, community groups and organisations across the country to support voters ahead of polling day.
Ms Justice Marie Baker, Chair of the An Coimisiún Toghcháin, stated:
“It is such a disappointment to see the scale of spoilt and invalid votes – 108,000 is a huge number because the nature of our electoral system means that for many candidates, these votes could be the difference between winning and losing a seat.
“On June 7 there will be many people who have not voted before or have not voted in the 4 years since the last General Election. To some, it may seem a straight forward process, but the evidence is that many people who go to the polling station don’t fill in their ballots correctly. Their voice remains unheard.
“The voters whose votes were not counted would fill every seat in Croke Park and there’d still be many more standing outside.
“In Dublin City alone, over 3 per cent of votes cast were deemed invalid. This uncounted mountain of ballots is shocking when we know that in Ireland’s elections, many seats are won by a mere handful of votes.
“Don’t spoil your day on 7 June, get out and vote and make sure that your vote counts by completing your ballot properly. Your vote is your voice”.
Among its functions, An Coimisiún Toghcháin, Ireland’s independent electoral commission, is tasked with building awareness of Ireland’s elections and increasing the numbers of people voting through education and information campaigns
The Independent piece argues, with no evidence supplied, that:
The worrying impression is that the commission is flexing its muscles for interventions in future campaigns. This would be a corrosive development for Irish democracy, and one that the Oireachtas should seek urgent clarification on.
We are no many months beyond the Presidential election. Those spoiled votes had no power, have seemingly had no influence whether in narrow or broader terms. Do I think that next time around there will be more candidates? Sure. Most likely. Perhaps there will be a bit more latitude given by FF or FG, or perhaps – and this would be better, their cohort of councillors will be smaller and less well placed to stymie other nominations.
And perhaps it is time to look once more at the actual result. Catherine Connolly gained 63.36% of the vote. Heather Humphreys gained 29.46% of the vote. Gavin gained 7.18% and spoiled votes were 12.9% of the vote. In no instance, in no constituency did spoiled votes come close to Connolly’s number, indeed Connolly’s vote was in most constituencies close to 63% or more (and tellingly those where her vote was closer to 50% was in Dun Laoghaire and Dublin Rathdown where Heather Humphrey’s was somewhat stronger than elsewhere – and only in Cavan-Monaghan did Humphreys outpoll Connolly). Worth noting too that the overall vote was up somewhat from the last Presidential election.
Catherine Connolly enjoyed a decisive win, but that was not a foregone conclusion either. It was the culmination of months of hard work and effort and discipline. The reality remains that if people want other candidates on ballot papers they have to work for them. Not arrive late in the day to a campaign, not depend upon entreaties to TDs who do not want and are under no obligation to support them, not ignore the tedious but essential process of building support. There’s no other way around this. Trying to parse through spoiled votes seems like a futile exercise.