Plan for combined vote in Scotland 'breaks the rules'

UK MINISTERS have been warned by election chiefs that plans to hold a referendum on voting reform on the same day as a Holyrood parliamentary vote breaks Scottish Parliament rules.

An order created when the Scottish Parliament was set up specifically prevents the authorities from holding a "combined poll", where two polls are wrapped together in one.

While an exception is made for local government votes, the body which oversees elections in Scotland — the Interim Electoral Management Board — has written to Scottish Secretary Michael Moore to warn he must change the law if he wants to press ahead with such a move.

The alternative — to hold two entirely separate polls on the same day, involving separate polling stations and polling cards — would cause "major difficulties".

The development is the latest complication to hit plans by the Con-Lib coalition after it unveiled proposals for a referendum last month.

Deputy Prime Minister Nick Clegg announced that the referendum on whether to move to the Alternative Vote system at UK elections would take place on 5 May next year, the same day as Scottish and Welsh elections.

UK Ministers argue that by holding it on the same day they will save up to 17 million in administration costs. Ministers have played down fears that voters will be confused, pointing to numerous international examples where elections and referendums have been held on the same day.

But Tom Aitcheson, convener of the Election board and chief executive of Edinburgh City Council, has written to Mr Moore to warn of further problems.

"Under current rules … it is not possible for a Scottish Parliamentary poll to be combined with another poll," he wrote. He said Mr Moore would have to change Scottish legislation so that the two polls could be formally combined.

Mr Aitcheson warns that only by combining the polls will the promised savings be made so that, for example, officials do not have to send out two poll cards to each voter.

"A combined poll would allow combined poll cards, polling stations and postal voting materials. There will still be some challenges, since the franchise differs between the UK and Scottish Parliaments, but a combined poll would certainly minimise some of the more major difficulties," he said.

The fact that Scotland's election law may have to be changed was seized on by the SNP last night. A spokesman for the party said: "The Tory/Lib Dem UK government bounced this on Scotland without a word of consultation, and no thought as to the consequences. They have to think again, because either holding the two votes on the same day would carry double the bureaucracy and costs — the opposite of what Michael Moore says — or Westminster would force through a combined poll by unilaterally changing a piece of Scottish Parliament legislation, against the wishes of three-quarters of MSPs. It is not tenable and cannot stand."

The plan to hold the referendum on the same day as the Holyrood election has also been opposed by Labour.

Last week, First Minister Alex Salmond said it was "totally outrageous". The Welsh and Northern Irish administrations — which also have elections on 5 May — have also complained about the decision.

The fear is that voters will be confused, or will focus less on the debate about the Scottish Parliament, particularly with the UK media likely to be concentrating on the referendum.

A Scotland Office spokesman said: "We will consider the proposals put forward by the board in their recent letter.".