International commitments stipulate that all voters have the right to vote in secret, regardless of their gender. But, where there is a tradition of men casting votes “on behalf of” the family, then strong local law is needed to ensure that the EMB can act to protect women’s right to vote in secret. This could include targeted measures to protect against family voting and other violations of voter secrecy and free choice. A strong legislative and regulatory framework, including meaningful penalties for those who break the law, and a willingness of the police and the judiciary to prosecute, make it easier for the EMB and other bodies to enforce the law.[1]

In some countries, provision is made for male and female voters who cannot vote on the day of the election to cast an early vote and for voters who are out of the country to cast a vote abroad. In some places, these voters nominate another registered voter to be their proxy and to cast their vote on their behalf. Such measures are taken to allow as many people as possible to cast their vote in the election and are known as “proxy voting”. Proxy voting is legal in many countries and is viewed as a tool to legitimately protect the franchise of voters with limited mobility.[2]

A different phenomenon is “family voting” and/or enforced proxy voting, which is often confused with legal proxy voting. Family voting refers to the situation in which the heads of family (often extended family and often male heads of family) influence other family members in how they cast a vote. It is commonly practiced in jurisdictions that have a tradition of extended or customary family structures that allow the dominant member of the family to take important decisions or carry out important activities affecting the family. Family voting can be a serious violation, especially when it is malicious, i.e., when it is carried out with the intent of influencing or removing the freedom of choice of a voter. In these cases, family voting violates the central principle of voter secrecy.[3]

When family voting is a cultural norm, the EMB may need to consider if polling staff recruited from the local area could also be under cultural pressure to allow family voting or could be concerned as to adverse consequences for the women if they do not allow the family to control their vote. Following are actions that may be implemented in polling day management.[4]

•  Tightening the electoral code before the election or enacting clearly defined operational instructions to protect the secrecy of the vote, including prescribing specific measures for orderly operation of polling station, providing sufficient space and isolation booths in polling stations, only allowing one voter at a time in isolation booths and issuing ballot papers one at a time

• Prioritizing training of poll workers to comply with secrecy provisions. 
• Conducting targeted public outreach to educate voters on their right to secrecy, especially among vulnerable populations such as women and illiterate voters. 
• Promoting confidence and transparency by ensuring that, once a vote is cast, the EMB will protect voters’ secrecy and their choice will never be revealed.[1]