Integrity of the electoral system 'fundamental' to democracy

The possibility of physical threats and intimidation at polling stations and count centres has risen since the last elections four years ago. What measures can gardaí and electoral officers take to counter these threats?
Integrity of the electoral system 'fundamental' to democracy

Since the last elections four years ago, there have been dramatic changes to the political landscape, such as the widespread disorder at the Dublin riots last November. Election authorities are conscious it may spill over onto the electoral system itself. File Picture: Brian Lawless/PA Wire

Gardaí, the Electoral Commission and the country’s 28 returning officers know that the political landscape has changed dramatically since the last elections four years ago.

In addition to arson attacks on asylum centres, intimidation outside the homes of politicians, violence directed at gardaí at protests, the widespread disorder at the Dublin riots last November, election authorities are conscious of harassment of public workers in libraries from far-right individuals.

The issue for the integrity of the local and European Parliament elections on June 7 is whether or not that will spill over onto the electoral system itself, including the staff that run it and the voters that make it work.

“It is definitely on our radar — the possibility of a physical threat and intimidation to the elections, both at polling stations and count centres,” one security source said. “Protecting the electoral system is fundamental to the security of the State.” 

A second security source commented: “These groups and individuals don’t play by any rule. So, it would be foolish not to expect they will continue during the elections.” Gardaí and returning officers are responsible for physical security at polling stations and count centres.

In a statement to the Irish Examiner, Garda HQ said: “The protection of the electoral process is central to democracy and a priority for An Garda Síochána.

“As a security service, An Garda Síochána is prioritising resources, in this critical area, as we face into an 18-month period when Ireland will hold all possible electoral events (local, European, General, Presidential and a referendum).” 

It said assessments will be shared with relevant State agencies in identifying and combating activities that pose a threat to electoral events. It said these agencies include An Coimisiún Toghcháin (Electoral Commission); the National Cyber Security Centre (NCSC) and Coimisiún na Meán (Media Commission).

The statement said An Garda Síochána worked closely with international partners as part of its intelligence-gathering operations.

“An Garda Síochána, as the Security Service of the Irish State, engages in proactively gathering (domestically and internationally) relevant information to inform collaborative actions to mitigate emergent risk in this regard.” It said it was standard that policing plans, based upon assessed threat, are put in place for all electoral events.

The statement pointed out that electoral legislation provides for offences in proximity to polling stations and count centres. It said incitement to hatred was a criminal offence and will be investigated.

“Additionally, any threat of physical harm is a criminal matter and will be investigated where identified or reported,” it said. It pointed out that the running of election centres and count centres are a matter for returning officers, with whom they engaged with.

 Art O'Leary, CEO of the Electoral Commission, said returning officers have an 'oversight role' in relation to physical threats to elections. Photo: Moya Nolan
Art O'Leary, CEO of the Electoral Commission, said returning officers have an 'oversight role' in relation to physical threats to elections. Photo: Moya Nolan

Art O’Leary, chief executive of the Electoral Commission, said they have an “oversight role” in relation to physical threats to elections.

“We need to be assured that the integrity of the electoral process is maintained,” he said. “So, this is one of the things that we will be holding returning officers to account. They will need to be able to demonstrate the security of polling stations.

“But the actual responsibility remains with each returning officer in each local authority area.” On whether or not there is an increased threat from the far-right in these elections, he said: “It’s a risk that has to be managed. There is no evidence yet of any interference in the electoral process, but it’s a possibility that shouldn’t be discounted.

He added: “We are conscious it could become a difficulty. If there are difficulties on the day it becomes something for the returning officer and the gardaí, rather than ourselves. We will in our post-election review look at it if there are any particular difficulties.” 

Inside polling stations

Every candidate in the elections is entitled to have “an agent” in every polling station. The behaviour of such agents, including new candidates from the far-right, is one thing security sources see as a potential source of concern.

“Could any of these agents engage in intimidation inside polling stations or at the entrances, or in the foyers of the buildings?” one security source asked. “Who is going to monitor them?” Not only that, but count centres could also be a source of potential intimidation of staff counting the votes.

One security source said: “Tally men and women are very close to the staff counting. They provide a key function, but what if people acting as tally men for a far-right candidate starts interfering with staff, telling them they put that vote in the wrong place or it was spoiled or not spoiled and generally harassing people. That is a possibility.” 

A second security source added: “The tally people are literally hanging over the barrier looking at the staff allocating the votes, so someone could start intimidating them. It could get hot and heavy.” 

Outside polling stations

Outside polling stations and count centres, sources said it was possible there could be individuals or protest groups aggressively calling on prospective voters to vote for certain candidates — although canvassing inside 50 metres of a polling station is illegal.

Mr O’Leary said the Electoral Commission was plugged into a large number of EU election networks, as well as Hybrid CoE, an expert centre that works with the EU and Nato on countering hybrid threats.

Last March, Hybrid CoE published a research paper, Countering Hybrid Threats to Elections, focusing on physical attacks, disinformation campaigns and cyberattacks that threatened the integrity of the democratic process.

It said that since the 2020 US Presidential election there have been “numerous reports of poll workers being threatened, harassed and assaulted”. It urged authorities to take steps to mitigate the effects of “threats and harassment of election workers”.

Security measures

The 28 Returning Officers work for their local authority and operate independently, though they do meet as a group with the Electoral Commission and the Department of Housing. Of six returning officers contacted by the Irish Examiner two responded.

Fergus Gallagher, the Dublin County Returning Officer said it “would be inappropriate” to comment on specific matters relating to the security and integrity of the electoral system.

He added: “In more general terms, you may take it that all necessary steps are taken to ensure the preservation of the integrity of the ballot and the safety of all polling and count staff. This is done in consultation with the Gardaí, with whom there is liaison prior to every electoral event.” 

Martin Harvey, Constituency Returning Officer South/Local Returning Officer Cork City, said it would not be appropriate to comment as the information was “security sensitive”.

The Department of Housing said physical security was a matter for returning officers as they were independent.

It did point out that there are a range of offences in relation to elections and that there were further offences in relation to European Parliament elections including for “interference with, obstruction of or impediment” of a voter going to, coming from or in the vicinity of a polling station.

It said the department issued guidance to returning officers and presiding officers in advance of elections, outlining the legislation in relation to offences and powers available to them.

The four regional garda assistant commissioners and their divisional officers liaise with the various returning officers to ensure “effective management, co-ordination and oversight” of policing functions and security requirements. In Dublin, the detective chief superintendent of the Special Detective Unit (SDU) is also involved.

Gardaí accompany presiding officers to collect votes from external venues. On polling day gardaí conduct patrols and some visits to polling stations. This is to maintain a presence and “deter any behaviour” that could interrupt the constitutional rights of voters and enforce electoral legislation, garda sources said.

A research paper from Hybrid CoE said that since the 2020 US Presidential election there have been “numerous reports of poll workers being threatened, harassed and assaulted”. File photo: AP/Manuel Balce Ceneta
A research paper from Hybrid CoE said that since the 2020 US Presidential election there have been “numerous reports of poll workers being threatened, harassed and assaulted”. File photo: AP/Manuel Balce Ceneta

Gardaí point out that a “significant security operation” is put in place once polling is concluded to ensure the “security and integrity” of ballot boxes and their subsequent transport, including armed escort, to respective count centres.

Mr O’Leary points out there are 6,500 polling stations in the country and that it was not possible to have gardaí stationed at the vast bulk of them.

Garda sources said a Risk Assessment, drafted by the Security & Intelligence Section forms the basis for the National Policing Plan, which the Deputy Commissioner Policing and Security sends down to the assistant commissioners, who devise regional and divisional plans.

Local gardaí have contact numbers of returning officers and, in Dublin, the SDU also carries out patrols.

“If there is intelligence indicating a threat to a particular polling station you could have physical presence, but generally is by patrols,” one security source said. “Obviously we can’t be everywhere, but presiding officers can ring as soon as they fear there is any intimidation or interference.”

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