Polling stations are an essential element of an electoral process. They are the sites where voting takes place and where votes are counted by the election administration. Therefore, it is essential to ensure freedom and secrecy of the vote in the polling stations.
1. Establishment
In order to locate and create polling stations, it is necessary to establish an electoral map. To this end, the location of polling stations should be determined in each district according to the following criteria:
The hours for voting should be set in law and uniformly applied[iii] and should include some time outside regular working hours. It is also commonly understood that voters arriving at a polling station prior to the official closing time, but are still in line to vote as the polls close, will be allowed to vote.[iv]
2. Personnel and other Authorized Persons
The polling staff or Electoral Board is the key to the
proper conduct of the voting and counting processes. They organize and
supervise the voting procedure, count the ballots and prepare the minutes for
the central election administration that is in charge of the tabulation of votes
and allocation of seats. In this way, local boards and polling staff are
responsible for the key operations of the entire electoral process. More
specifically, they perform the identification of voters, decide on the validity
of ballots and may certify the results. In many cases, the decisions of the
Electoral Board cannot be challenged.
Thus, it is essential to achieve a suitable composition of the Electoral Board.
In particular, polling officers must be independent from the government and
political parties. With this in mind, polling officers are sometimes chosen by
lot amongst individual citizens and their appointment binding. This procedure,
if followed correctly, ensures the greatest likelihood that polling officers
will act independent of any political party or candidate, and greatly reduces
the possibility of fraud. The only drawback to this system is the lack of legal
knowledge of the appointed officers, as an inevitable consequence of their
largely non-professional character. Nevertheless, various measures may be taken
to ensure knowledgeable and effective polling officers:
This composition is perfectly compatible with the fact that, in most of the jurisdictions that use it, there is the possibility for political parties and candidates to appoint representatives to each polling station (prosecutors, auditors, attorneys). The representatives of parties and candidates can be present at all operations, but usually without any decisive powers. In general, they contribute to electoral transparency, providing an important complement to the appointment of polling officers by lot. The presence of party or candidate representatives during the voting and counting operations should not be confused with national or international electoral observation, as they are two entirely different mechanisms.
It is good practice for electoral management bodies to institutionalize selection criteria for the recruitment of polling staff and performance management processes.[v]
Finally, it is necessary to ensure that people that do not play any role in the organization of the electoral process do not remain in the polling station, as their presence may hinder or interrupt the free conduct of elections. The legal framework usually grants to the President of the Electoral Board the power to authorize or prohibit the presence of other people in the electoral operations.
In addition to polling staff, other persons when authorized may also be present in the polling station. This includes of course voters but only while in the act of exercising their franchise, representatives of political parties and candidates, domestic and international observers where allowed, and security forces when necessary.
To facilitate the proper operation of a polling station it is imperative that even those authorized to be present in addition to polling station personnel clearly understand what they may and may not do. Training and written materials are useful and of course it is preferable if the legal framework also specifically addresses this matter.
Political parties and candidate have a clear vested interest in the conduct of an election and therefore their representatives should be enabled to observe all aspects of the process including the conduct of voting and the count. The legal framework should stipulate both the rights and obligations of party and candidate representatives while at the poll.[vi] In addition to the right to observe proceedings it is good practice that the legal framework requires challenges to voters or complaints about the operation of the polling place made by a representative of a party of candidate to be recorded in writing in the documentation for the voting place.[vii] On the other hand, authorized political representative must not otherwise disrupt the conduct of the voting place and of course, no campaigning, political displays or intimidation are to be permitted. The President of the Electoral Board should have the right to remove representatives for a breach of the regulations regarding their presence.
To facilitate the important role of authorized political representatives at the voting place and at the same time ensure that they act within what are proper limits it may be useful that the legal framework, including possibly a code of conduct, specify that at a minimum authorized political representatives must declare that they will:
• maintain voting secrecy.
• follow the directions of polling officials.
• not interfere with election processes.
• be bound by the legal framework for elections.[viii]
The legal framework should otherwise specifically prohibit the presence in the polling station of other than persons whose presence is authorized under the law, such as local executive leaders.[ix]
3. Maintaining Order
The effective conduct of electoral operations during
polling day presupposes that the polling stations be sufficiently protected in
order to avoid disorders that may hinder the voting, and to ensure that the
right to vote is exercised under democratic conditions.
For this purpose, the electoral law often vests the presiding officer with
public authority, including the possibility to take the necessary measures for
the maintenance of law and order. This authority
often includes the ability to give precise instructions to whoever, in each
polling station, performs electoral police functions.
In consolidated democracies, these functions are carried out by security, police or military forces. Sometimes however,” the presence of security forces around polling station may intimidate and instil fear in voters”[x] particularly in countries in political transition where this option is sometimes looked at with suspicion, due to its relation with the previous regime. This mistrust can lead to a very expensive and likely unreasonable appointment of special civil police, which performs its duties on polling day under the command of the electoral administration. Experience has shown, however, that the use of the armed forces during voting operations can present many advantages, not only because of its effectiveness and low additional cost, but also because of its importance for the stability of a country. Thus, armed forces may be attributed functions of cooperation and democracy strengthening under the command of the electoral administration. It is also very important for public opinion to see such collaboration between the different public institutions for the purpose of strengthening democracy, instead of the creation of an ephemeral and untrained electoral police. Where public security forces provide order at voting stations, it is preferable that the legal framework set out a code of conduct.[xi]
[i] SADC and EISA, Principles for Election Management, Monitoring, and Observation, 23.
[ii] UN, Women & Elections, 70.
[iii] European Commission, Handbook for European Union Election Observation, 75.
[iv] DRI and The Carter Center, Strengthening International Law, 41.
[v] SADC and EISA, Principles for Election Management, Monitoring, and Observation, 24.
[vi] International IDEA, International Electoral Standards, 83.
[vii] Ibid. 84.
[viii] Ibid., 85.
[ix] OSCE, Guidelines for Reviewing a Legal Framework for Elections, 26.
[x] SADC and EISA, Principles for Election Management, Monitoring, and Observation, 20.
[xi] Ibid., 20.