Of course, one of the
most fundamental instruments of electoral administration is the ballot itself
and the most fundamental act of an election is casting a ballot. However, like
many aspects of electoral administration the way in which ballots are cast is
subject to innovation. Although many countries have carried out electronic
voting, in the vast majority of cases electronic voting has created a need for
parallel systems to verify the count and in some cases counting and has been
carried out by automation companies instead of the official electoral
authority. The use of e-voting is increasing with great prospects of development in the future, especially due to lower cost in the long run, however at present most electoral processes use ballot papers with the names of candidates.
Two different types of ballot papers can be
distinguished; single ballot papers and separate ballot papers. With a single
ballot paper, all candidates who participate in the election are listed and
voters must mark their choice. In the case of separate ballot papers, each
candidate or party list has its own ballot and voters have to choose amongst
them. In the latter case, the election administration must ensure that all
ballots are available in similar quantities and placed in a non-discriminatory
way.
There is also another distinction that should be made between systems that
allow only official ballot papers printed and approved by the election
administration and available on polling day, and systems allowing ballot papers
that have been officially approved and printed by the election administration
to be distributed to supporters and even printed by each candidate or party
before polling day. Undoubtedly, the use of single ballot papers, officially
printed and distributed by the election administration is the most appropriate
and widespread system. Allowing candidates and parties to print and distribute
their own ballot papers can only be seen as a way to promote electoral propaganda.
Indeed, this practice presents at least three major disadvantages. First, it may be
used for electoral fraud, given that it may significantly reduce the guarantees
of a personal and secret vote. Second, it may impede and significantly delay
vote counting, as it can cause uncertainty about the validity of the ballots.
Third, it increases the cost of elections, since the state is obliged to print
an adequate number of ballots, but also the cost of extra ballots printed by
parties and candidates may be calculated as an election expense which is often
reimbursed by the state. Moreover, “If not properly handled by the EMB, the procurement,
distribution and types of election material may generate conflict.”[v]
In terms of content, ballot papers should include the
names of the candidates and party lists. Furthermore, the symbol of the list is
usually included in order to facilitate voting by illiterate voters.
Photographs of candidates or party leaders may also be included, and although
this implies higher costs. To facilitate the vote, ballots should also be
printed in all official languages as well as possibly major languages spoken. In
terms of candidate presentation on the ballot paper, contestants should be represented in equal
size, and their order should be determined in a fair manner, for example, by
drawing lots.[vi] Taking into account the quantity of ballots required, the
use of colors or high paper quality may result in considerable expenditure.
Overall, the percentage of the electoral budget spent for ballots is
considerably high and, in some cases, expensive ballot features may not be justified as necessary to
secure the right to free suffrage.
The ballot paper, as a voting tool and not a
political propaganda tool, should have a simple design in line with the
principle of a free and secret vote. Complex ballot
papers should be avoided since they, “can cause confusion for voters and may
also delay voting and counting”[vii]
as well as resulting in a greater number of invalid ballots.[viii] The design and production of ballots may also
consider economic, organizational and environmental concerns. However, in some
countries especially with new-born democracies, ballots with certain security
measures are used in order to ensure the credibility of valid votes.
Notwithstanding an implied increased cost, such measures are sometimes
essential in order to avoid counterfeiting and in order to ensure that the only
ballot papers used for voting are those officially produced (and accurately
counted) by the electoral authority.
In some countries, the ballot has a counterfoil with a
serial number in order to provide for better control and care of the ballots.
If such a process is used then it is very important that steps are taken to ensure
that the ballot cannot be reconciled in any way to reveal the identity of the voter.[ix]
After all, the secrecy of the vote is guaranteed by international law.
Other ways in which voter secrecy may be best preserved
and ballots can be well controlled include:
- Affixing an
official stamp specific to the polling station on ballots when they are
given to voters;
- Having one or
more polling-station official(s) sign the back of the blank ballot before
it is issued to the voter;
- Using numbered
ballot stubs to monitor the number of ballots in a ballot box;
- Using a stamp,
rather than a pen, to mark ballots;
- Using heavy paper
for ballots so that marks cannot be seen through the back of the ballot paper;
and
- Printing ballots
with watermarks or other devices to make them harder to counterfeit.[x]
- Electronic ballots.
[v] SADC and EISA, Principles for Election Management, Monitoring,
and Observation, 25.
[vi] European Commission, Handbook for European Union Election
Observation, 77.
[viii] Patrick Merloe, Promoting Legal Frameworks for Democratic
Elections, 54.
[ix] SADC and EISA, Principles for Election Management, Monitoring,
and Observation, 25.
[x] Patrick Merloe, Promoting Legal Frameworks for Democratic
Elections, 55.
