ACE

Encyclopaedia   Electoral Integrity   Integrity in Election Administration   Voting Operations  
Discrimination, Intimidation and Fraud

Discrimination, intimidation and fraud may prevent voters from casting a ballot, lead them to change their choice against their will, and alter the outcome of the vote.

Discrimination

Bureaucratic or financial obstacles may make it difficult for certain segments of the population to register or vote. For example:

  • In several southern US States, payment of a poll tax was a requirement for voting. Anyone unable to pay the tax was not allowed to vote. This discriminatory practice was not fully ended until 1966;
  • A proposal by former UK Prime Minister Margaret Thatcher to link voting in local council elections to payment of the Council tax was withdrawn after being derided as a poll tax;
  • The definition of eligibility criteria for voter registration may systematically exclude certain segments of the population.  For example, homeless citizens may not be able to provide an address sufficient for registration purposes.  And persons in detention – awaiting trial, serving a prison sentence, or even released from prison – may effectively lose their franchise on an indefinite basis.  (In Europe, criminal penalties of disenfranchisement must be strictly limited,[1].)

Intimidation

Intimidation may take many forms, both subtle and aggressive. The purpose is usually to coerce voters into supporting or opposing a candidate or party. Following are some tactics of intimidation:

  • physical or economic threats, such as threats of loss of employment;
  • stationing a party activist beside the line of voters waiting to enter a polling site. Through words or gestures, the activist may threaten persons entering or leaving the polling site. (The intimidation may also be more subtle—for example, wearing the emblem of a particular candidate or party within the polling site); or
  • locating a polling site on or near the property of a candidate, political party or government official.

Intimidation may also target electoral employees, with the aim of compromising their independence and impartiality.

Intimidation may be practised by anyone—a candidate, political party, monitor, voter, electoral administrator or government official. Most electoral laws specifically prohibit intimidation. However, subtle forms of intimidation may be hard to prove.

Fraud

Fraud by individuals may include:

  • impersonating a voter at the polls or by casting an absentee ballot;
  • voting with a pre-marked ballot
  • voting more than once;
  • voting when not eligible; or
  • paying others to influence how they vote.

Other types of fraud may be committed by the electoral administration:

  • allowing ineligible persons to vote;
  • changing or destroying voters lists;
  • preventing qualified voters from casting a ballot;
  • allowing voters to cast more than one ballot;
  • substituting fake ballots for votes legitimately cast, or casting ballots in the name of voters who did not go to the polls;
  • not marking a ballot as directed by someone who requested assistance in voting;
  • stuffing ballot boxes with pre-marked or spoiled ballots;
  • destroying ballots that were validly cast;
  • not accurately counting the ballots or recording incorrect information on the tally sheets;damaging the contents of the ballot box or altering tally sheets;
  • changing the election results or announcing false results.

Two safeguards are commonly used to minimize opportunities for fraud:  

  • Confirming voter identity: To prevent someone from using the valid registration of another person to vote, some systems require voter identification. This enables polling officers to check whether the person who showed up to vote is really the person registered. To prove identity, the person may show a voter registration card (if applicable) or another type of acceptable identification.
  • Identifying people who have already voted: To prevent repeat voting, some systems mark voters (or the identification document of voters) who have received a ballot. Assuming proper control at the polling station, someone thus marked cannot vote again. The most common marking system involves dipping one of the voter’s fingers in indelible ink. Other systems use hand stamps that are visible under fluorescent light. The election management body must ensure that there is enough ink for all voters and that it will not wear off before the polls close. Storage and distribution must be monitored to prevent use of the ink by persons who wish to stop voters from casting a ballot for an opposing candidate.


[1] See Hirst v the United Kingdom (No 2) [2005] ECHR 681, [2006] 42 EHHR 41 (European Convention on Human Rights requires persons subject to the criminal or correctional systems a specific judicial determination as to loss of electoral rights, which must terminate automatically.  Mere imprisonment is not sufficient to result in exclusion from voting.)