An accurate voter list is
fundamental to electoral integrity because it ensures that all those who are
eligible to vote are able to vote and that no individual votes more than once.
There is a wide variety of voter registration systems. Voter registers are
usually constructed either actively or passively and on a continuous or
periodic basis.[1]
In active systems, it is
the responsibility of the voter to complete the registration process. Voters
are required to visit, in person, a place of registration in order to register
or, during a subsequent exhibition period, to notify changes in name or
address. Sometimes, a new register is created for each election and people have
to register each time, often during specific registration ‘windows’ leading up
to an election (periodic registration). In other countries, the register is
continuously updated and voters may only need to register once and then update
details as they change. Another variation on the active methodology is where
registration teams may go door-to-door to conduct an enumeration in order to
register people. In some countries, people can check and change their details
on the Internet or by post.[2]
In passive systems, the
EMB may create a voter register by extracting information from an existing list
such as a civil registry, citizenship, national ID card database or residency
lists. Other common sources of information for integrated voter registries
include tax lists, immigration records, national defense rosters, driver’s
license agencies, vital statistics databases, subnational electoral lists (region,
state, provincial, territory level) and information provided directly by
voters. In these cases, voters usually do not need to take any action in order
to be on the voter register. In fact, they may only need to take action if they
do not want to be on the register for any reason, by contacting the EMB
directly or opting out in a designated check-box on related government forms.
Where this method is used, a gender analysis of the way in which the
citizenship or residency list is created can help ensure that women are not
being disenfranchised at that point.[3]
As long as voter
registers are transparent, accurate and inclusive, all different sorts of voter
registration systems can function effectively. Any type of system will have
advantages and disadvantages from a gender perspective and different
implications on women’s participation. “[W]omen are more likely to be
registered under State-initiated systems, in which the Government automatically
registers all eligible citizens to vote, provided the State has the skills and
resources to make such a system work effectively. In systems in which
individual voters must register themselves, election management bodies should
ensure that the need to register is well-publicized, that voter registration
stations are easily accessible, and that procedures are quick and simple.
Special attention should be devoted to registering displaced persons, most of
whom are women.”[4]
As described below, there
are three mainstream requirements of the registration process that may
adversely affect women’s registration: proof of identity, photography
identification and in-person registration.[5]
1. Proof of identity
When identity documents
such as a citizenship certificate or passport are needed in order to register,
women may have difficulties because they are often less likely to have the
necessary identification papers or these papers may be held by a husband or
father.[6]
Example: In Nepal, in early 2013, many women could not register to
vote, as they did not hold necessary citizenship certificates. A directive was
issued by the Election Commission of Nepal allowing women to register with a
local-level official as an additional method of verification.[7]
Example: In Egypt, UN Women and the Ministry of State for
Administrative Development (MSAD), in collaboration with other partners,
started in 2011 the Women’s Citizenship Initiative project. The “Your ID, Your
Rights” campaign aimed to ensure women’s basic citizenship rights during the
democratic transition in Egypt by issuing national ID cards for two million
women living in rural or remote areas.[8]
Example: The Election Commission of Pakistan (ECP), in collaboration
with the National Database and Registration Authority (NADRA), UNDP and civil
society organizations implemented, since October 2017, the nationwide
initiative “Women’s National Identity Card (NIC) and Voter Registration
Campaign”, to bridge the gap between men and women voters. Since the beginning
of the campaign 4.3 million women obtained their NICs, in order to be able to
vote.[9]
2) Photography
identification
Including a photo on the
voter card or requiring voters to show a form of photo identification is common
in new democracies and this measure is often introduced to avoid fraudulent
voting on behalf of other person. However, photography identification
requirements might restrict the participation of specific groups of women
voters.[10]
For cultures where women
wear the veil, the inclusion of a photo on the ID card can be a barrier to
women’s participation in the election. If these issues are not addressed, then
women may choose not to register because they are not comfortable with having a
photo ID. One concern that may arise is the necessity of removing the veil in
order to have the photo taken and again when identity is checked at the voting
center. Where the use of photos for identification has already been adopted,
there are approaches to implementation that may make it easier for women who
wear the veil to participate, such as using women-only registration teams.[11]
Example: In Afghanistan, women are not required to have their photo
on their voter registration cards. Instead, they may choose to have a
fingerprint on their voter ID cards instead of a photo, although the
fingerprint serves no visual identification purpose.[12]
Example: Australia and Great Britain do not require voters to display
photo identification – or, consequently, reveal their face – when casting the
ballot. While registering voters need to state the identification number
displayed on their IDs (which normally contains a photo), there is no
requirement to actually show the registration clerk the ID card. Tendered or
provisional ballots may be used to address concerns of fraud in these cases.[13]
3) Registering in person
Access to the
registration process may be a widespread concern when considering women’s
participation. Given that the most common method of registration is for voters
to go to a registration office, the location of the office and the times at
which it is open need to be considered in terms of easy access for all women.
Also, in some contexts where individuals feel that the public act of voter
registration puts them at personal risk because of the information required,
some countries permit anonymous or confidential voter registration. This refers
to the practice of placing certain individuals on the voters list in such a way
that their names or other characteristics (e.g., addresses) do not appear in
any published or circulated version of the voters list.[14]
Example: In Bosnia and
Herzegovina, citizens with ID cards do not need to take action to register on
the Central Voter Register. Active registration is only required for
out-of-country voters.[15]
Example: In New Zealand, an
application to be placed on the unpublished roll requires the following kinds
of supporting documentation: a) Copy of protection order for domestic violence;
b) copy of restraining order in force; c)
Statutory declaration from police on
the danger; and d) supportive letter from barrister, employer or justice of the
peace.[16]
Example: In Canada, women
temporarily residing in a women’s shelter may register to vote by special
ballot without disclosing the address of the shelter. [17]
In addition to ensuring
that the voter registration process does not affect women negatively, EMBs
around the world have put in practice gender-targeted interventions for voter
registration to facilitate women’s participation. These strategies may include
women-only registration teams, mobile registration and awareness-raising
campaigns for voters.[18]
- Women-only registration teams
In countries where the
cultural norm is that women do not mix with men who are not family,
registration of women should be conducted by women-only registration teams to
maximize their participation. In a survey conducted by UNDP in 2011-2012,
analyzing practices in 35 EMBs, only Afghanistan and Mozambique said that they
had provided women-only registration teams, while only Afghanistan, Iraq and
Pakistan provided separate queuing arrangements for men and women at registration
stations or separate arrangements to reduce violence and/or facilitate women’s
registration and safety.[19]
Example: In Afghanistan, women are registered by teams of women
staff. However, the EMB faced challenges in recruiting them due to the low
number of literate women available for the task, which resulted from previous
decades of girls not being sent to school.[20]
Where mobile registration
is made available, it is vital that voters are provided with information on the
timetable and location of the registration in their area. In UNDP’s 2012 survey
on EMBs, 34 percent of surveyed countries said that they had provided mobile
registration stations in rural areas to combat distance. These stations are
usually provided in regions and constituencies that are geographically vast and
remote, where citizens need to travel long distances. Registration by mail is
available in some countries and, although less frequent, Internet registration
is possible in others.[21]
- Providing voters with information on how to register
Voters need information
about how to register, where to register and when the registration center is
open. Women may also need encouragement to register, in particular where
cultural norms imply that elections are a male domain, where there is
illiteracy or widespread political apathy. In the EMB survey, 63 percent of
surveyed countries said that they had provided awareness-raising activities
with NGOs or national women’s organizations to encourage women to register.[22]
Example: In Sudan, UNDP administered over US$1.2 million worth of
small grants to 41 CSOs in 2009. The grantees were trained on voter education
methodology for the registration process, including outreach to women.[23]
Example: In South Sudan, UN Women, in partnership with the UNMIS
Elections Team Gender Unit, supported training of trainers in all 79 counties
of South Sudan around the registration process. “You must register” posters and
a civic education guide were widely distributed.[24]
For more information on
this topic, please see the ACE Project section on “Women
and Voter Registration.”
Voter registration
procedures can also restrict in practice the participation of transgender voters,
considering that their gender identity does not always match the one in their
official identity documents. “Since identity documents are a
pre-requisite to effective enjoyment of many human rights, including electoral
rights, transgender persons who are unable to obtain identity documentation
that reflects their preferred gender are de facto disfranchised.”[25]
Some EMBs around the world have put in practice specific measures to allow
transgender voters to register according to the gender identity and/or social
name of their preference, with the purpose of avoiding misgendering and
misnaming during Election Day. These measures should be analyzed taking into
account the larger framework of national legislation and policies on gender
identity.
Example: In Brazil, the Superior Electoral Tribunal (Tribunal
Superior Eleitoral) has made efforts to promote the effective participation of
transgender people in the electoral process. In view of the 2018 elections, the
Tribunal decided to allow transgender voters to register with the gender
identity and social name of their preference, as recognized in resolution TSE 23.562/2018,
modifying resolution TSE 21.538/2003. The Tribunal established a one-month period,
from 3 April to 9 May, for transgender voters to register their social names
and to update their gender identity in the voters’ list, so that their voter
cards can be printed accordingly. These measures were adopted to avoid
misgendering and misnaming transgender voters in polling stations, making sure
that they are treated with dignity during Election Day.[26]
In words of the Superior Electoral Tribunal’s President, Luiz Fux, “In light of
the constitutional principles, and according to the interpretation that the
Supreme Federal Court gave to these norms, it is inadmissible that the exercise
of citizenship remains subject to any sort of preconception.”[27]
Example: During the 2017 Ecuadorian presidential election,
transgender citizens could vote for the first time in consonance with their
gender identity. Following the advocacy efforts of LGBTI groups, the Organic
Law on Identity Management and Civil Data in Ecuador was adopted in 2016,
allowing transgender citizens to modify their name (Article 78) and gender
marker (Article 94) in the civil registry.[28]
These modifications were later reflected in new ID cards that were issued for
transgender citizens, as well as in the voters’ list. Ahead of the 2017
presidential elections, 271 Ecuadorian citizens changed their gender marker in
the civil registry, were provided with new ID cards and were included in the
voters’ list, of which 227 casted their vote during the Election Day.[29]
Ecuador has
gender-segregated polling stations and in the past transgender and intersex
voters were forced to line up according to their sex assigned at birth and not
their current gender identity. This made many of them feel uncomfortable and
suffer discrimination from other voters, polling staff and police officers. The
2016 legal developments contributed to put an end to this situation, allowing all
citizens to vote according to their gender identity and their chosen names.[30]
Example: In Nepal, the 2007 Supreme Court’s landmark ruling in the
case Pant vs. Nepal recognized full
fundamental rights for gender and sexual minorities and established the category
of “third gender”, in addition to “male” and “female”. The decision “enshrines
the idea that gender recognition should be based on self-identification”, in
line with the Yogyakarta Principles.[31]
Since 2010, in line with
the court’s decision, the Election Commission of Nepal allowed voter
registration under the third gender category, basing the whole registration
process on self-identification, without requiring the registered gender to
coincide with other identity documents.[32]
This opened the door to the effective participation of transgender and intersex
voters in the electoral process.
Example: In a 2011 landmark ruling, the Supreme Court of Pakistan
instructed the Election Commission to register transgender citizens as voters
and requested the National Database and Registration Authority (NADRA) to issue
national identity cards for those who had not been registered yet. This
enrollment process in the civil registry was based on self-identification,
under five gender categories: male, female, male transgender/eunuch, female
transgender/eunuch and khasa-e-mushkil/transgender/ third gender.
The Election Commission
of Pakistan conducts the voter registration process based on
self-identification, but voters can only choose three different gender identity
options: male, female and transgender. Since polling stations are segregated
for men and women in Pakistan, transgender voters need to express a preference
for male or female gender identity. This is automatically applied considering
NADRA’s civil registry data, so that citizens under the categories female and
female transgender/eunuch vote in a set of polling stations and citizens who
selected the categories male, male transgender/eunuch and
khasa-e-mushkil/transgender/third gender vote in different polling stations.[33]
In the 2013 final voters’
list, only 680 registered voters declared themselves as transgender in the
whole country. As of October 2017, only 1.456 transgender citizens were
registered in the voters’ list, out of 97,02 million registered voters.[34]
This low rate of registration for transgender voters shows that, despite recent
legal developments in Pakistan, transgender citizens continue to face
discrimination in practice.[35]
Example: In 2014, the Supreme Court of India’s ruling in the case National Legal Services Authority vs. Union
of India recognized full rights for all genders and created an additional
gender category known as “third gender”, in addition to “male” or “female”,
establishing that gender recognition should be based on self-identification.
Previous to the court’s
decision, the Election Commission of India issued instructions in 2009 to allow
voters with diverse gender identity to register under the category of “others”,
instead of “male” or “female”.[36]
Considering the low rates of enrollment for transgender voters, the Commission
organized in 2018 awareness initiatives to promote their registration in the
voters’ list in the State of Karnataka, where only 4.552 persons registered
under the category “others”.[37]
As of 2017, only 1.654 people in the State of Maharashtra were registered in
the voters’ list under this same gender indicator, out of the 41.000
transgender people registered in the 2011 population census.[38]
These low figures could be mainly explained by the violence and discrimination
that the transgender community often faces, as well as the fact that some of
its members might not feel comfortable with the “others” category and might
prefer to use the “male” or “female” markers when registering in the voters’
list.
[1] UNDP and UN Women
(2016): op. cit., p. 55.
[2] UNDP and UN Women
(2016): op. cit., p. 55.
[3] UNDP and UN Women
(2016): op. cit., p. 56.
[5] UNDP and UN Women
(2016): op. cit., p. 56.
[6] UNDP and UN Women
(2016): op. cit., p. 57.
[7] UNDP and UN Women
(2016): op. cit., p. 57.
[8] UNDP and UN Women
(2016): op. cit., p. 57.
[9] UNDP and Election
Commission of Pakistan (2018): “Initiatives
to Strengthen Transparent and Inclusive Electoral Processes.” Brochure.
[10] UNDP and UN Women
(2016): op. cit., p. 59.
[11] UNDP and UN Women
(2016): op. cit., p. 59.
[12] UNDP and UN Women
(2016): op. cit., p. 59.
[13] UNDP and UN Women
(2016): op. cit., p. 59.
[14] UNDP and UN Women
(2016): op. cit., p. 58.
[15] UNDP and UN Women
(2016): op. cit., p. 58.
[16] UNDP and UN Women
(2016): op. cit., p. 58.
[17] UNDP and UN Women
(2016): op. cit., p. 58.
[18] UNDP and UN Women
(2016): op. cit., p. 61.
[19] UNDP and UN Women
(2016): op. cit., p. 61.
[20] UNDP and UN Women
(2016): op. cit., p. 61.
[21] UNDP and UN Women
(2016): op. cit., p. 61.
[22] UNDP and UN Women
(2016): op. cit., p. 62.
[23] UNDP and UN Women
(2016): op. cit., p. 62.
[24] UNDP and UN Women
(2016): op. cit., p. 62.
[28] Government of Ecuador (2016): “Ley Orgánica de Gestión de la
Identidad y Datos Civiles.”
[33] International Foundation
for Electoral Systems (2013): “IFES Pakistan Fact Sheet: Women, Minorities and
Persons with Disabilities.”
See:
http://www.ifes.org/pakistan
