Parish Polls

A parish poll is a democratic tool which allows for a ballot of local government electors in the parish to be called on any question arising at a parish meeting. Accordingly, a parish poll should only be held on a question which it is appropriate for a parish to consider. Although non-binding, meaning that the results of the poll do not have to be followed, they provide an indication of support for or opposition to specific parish matters, which helps to guide decision-making.

Parish polls can be controversial

A parish poll can be controversial, for several reasons, and not just because of the question(s) asked.

The first is that they are expensive, and the cost falls solely on the parish, i.e. it is funded through the precept. A 2012 survey, by the Society of Local Clerks, to which 150 parishes responded, found that the average cost of a parish poll was between £5,000 and £8,000. In the context of Askham, this is currently (2022), at the lower estimate, significantly more than the annual precept.

The second reason is that they are not necessarily so democratic. A very small number of individuals (at times as low as ten) on the electoral register for the parish can demand the poll, which means that it can, perhaps, be used frivolously or for seemingly petty matters.

The third reason again relates to democracy, in that the voting arrangements do not provide for postal or proxy voting, and polling only takes place between 4 pm and 9 pm. Consequently, one’s ability to vote is curtailed compared to normal democratic standards in elections.

Finally, it must be understood that the result of the poll is not binding. It is simply an expression of opinion, and it can be ignored.

In 2014-15, the Government undertook a consultation on Parish Polls, which highlighted the above issues. But no substantive legislative changes have yet been made.

A Parish Poll – how does it happen?

A poll may be demanded before the end of a parish meeting on any question arising at the meeting, but no poll shall be held unless the person presiding at the meeting consents to it or the poll is demanded by 10 or one-third of the local government electors present call for it. The parish meeting does not vote on whether or not to have a poll once this call has been made.

The Question

The meeting does, however, vote on the question which is to be put in the poll, and each local government elector present may give one vote and no more on any question.

The proposer of the question becomes a key figure in the subsequent poll, and he or she will have many of the rights of a candidate at any other elections, including the appointment of polling agents to attend inside the polling stations and the appointment of counting agents to attend the count. The proposer‟s name and address will need to be recorded by the clerk of the meeting.

The form of words used in the question itself is also important. The chairman should ensure that the question can be voted for either “yes‟ or “no‟. The question should not lend itself to vague or double-negative answers. Once the wording has been agreed by the meeting, the question cannot be changed.

The question must be “lawful”

A question that is “devoid of practical application” may be rejected by the Returning Officer. For example,  a question of whether there should be a referendum on the constitution of “Ruritania” or a war against “Ruritania” would be “devoid of practical application‟ as far as Askham Parish Meeting is concerned.

Similarly, there would be no practical application in asking the electorate to vote on a question that was wholly outside the remit of the Parish Meeting.

The Audit Commission has issued guidance on this matter, and it is clear that the purpose of parish polls must constitute “parish affairs‟. The onus is on the Returning Officer to ensure that this is the case. A parish poll held in breach of these rules may be ultra vires and any costs may then be irrecoverable.

The Returning Officer is notified

The Chair of the Parish Meeting has a duty to provide the Returning Officer with the following:

• the question
• the name and address of the proposer of the question
• the date of the parish meeting.

The rules for Polls do not stipulate a time limit for notification, but this will need to be sooner rather than later to permit the Returning Officer to meet the statutory deadlines detailed below.

The Returning Officer will consider whether a poll shall be held, and in those cases where a poll would clearly not be unlawful, the Returning Officer will prepare to hold a poll.

Preparations for the Poll

Polling takes place according to the following timetable:

• polling – between 4-00p.m. and 9-00p.m., between 14 and 25 days after the poll was demanded
• publication of notice of poll – five days before polling day
• appointment of a polling or a counting agent by the proposer of the question – three days before polling day

(These days are calculated excluding Saturdays, Sundays and Bank Holidays.)

The Poll and Count

The rules for the conduct of the poll are similar to those common to all elections: variations or exceptions outlined here. Polling is between 4-00 p.m. and 9-00 p.m. There are no provisions for electors’ poll cards or for postal or proxy voting. The notice of poll must include the date, time and place of the poll, a description of the electors who may vote and the particulars of the question with the name and address of its proposer.

The form of the ballot paper is prescribed. It will be seen from this that the question’s wording is an important consideration.

The only persons who may enter the polling station are the Returning Officer and his/her clerks, the proposer of the question and any polling agents appointed by him/her to ensure that the poll is properly conducted.

A count of the votes follows. The only persons who may attend the count are the Returning Officer and his/her clerks, the proposer of the question and any counting agents appointed by him/her to ensure that the count is properly conducted.

The Returning Officer may also invite persons to attend, and a few courtesy invitations are normally made. There is no provision for the proposer of the question to call for a recount.

Notice of the Result must be given by the Returning Officer.

Conclusion

The poll’s outcome is no more is simply an expression of the views of the electorate of the parish who have voted in the poll. It is not binding.