Transparency of Action
At the close of voting it is important that candidate and party representatives present are clear as to the proceedings and their rights.
Actions to be taken at the close of voting need to be clearly explained to party/candidate representatives present, so that these representatives are aware of the basis of activities like:
• the rights of voters in the voting station to vote,
• the barring of voters who arrive after the closing time,.
• any preparations for counting occurring before the voting closing time.
It can be of assistance to have an information sheet:
• explaining briefly the actions at close of voting, rules and procedures to be applied during the count, and
• defining the roles of party/candidate representatives at the count, prepared for distribution to all candidate/party representatives attending the count.
Accreditation of Party/Candidate Representatives
Where the count is to be conducted at the voting station, there may be different or additional party/candidate representatives accredited to the count.
Their accreditation needs to be checked by voting station officials, and it must be ensured that no unaccredited persons enter the voting station count area. Whether candidates for a particular election can themselves act as a party/candidate representative during its count is a matter generally addressed in election law.
It would be a reasonable legal requirement that only parties or candidates running in an election should have their representatives present at the count. The number of representatives that each party/candidate may have present at a count location at any one time varies under different election frameworks:
• Ideally, each party/candidate would be allowed an equal number of representatives to the number of counting staff. Any more restrictive provisions than these would, prima facie, appear to be a restriction on the ability to observe all that is occurring during the count.
• Space restrictions in counting locations may lead to legal restrictions on the number of party/candidate representatives allowed to be present. Any such restrictions should still ensure that each party or candidate in the election may have at least one representative present.
One criterion for the identification of suitable count locations would be that there is sufficient room for party/candidate representatives and observers. The issue of available space should not be used to manipulate the observation of the count.
Invitation to Staff Briefings
It is useful to invite party/candidate representatives present to listen to any briefing provided by the voting station manager to voting station officials prior to the commencement of the count (see Preparation for Ballot Count):
• Informed party/candidate representatives are a necessary part of the transparency and integrity measures for the count.
• With a refreshed knowledge of the procedures to be used, they are less likely to delay proceedings with challenges to approved procedures.
The alternative would be to brief them separately.
Behaviour of Representatives
The rights and responsibilities of party/candidate representatives at ballot counts would normally be defined in the legal framework for the election. In any case:
• It is important that party/candidate representatives understand, before the count begins, that they have a duty to maintain election integrity in their handling of all election material, particularly ballot material, but also any other election materials being packaged for return or undergoing counts.
• It is also important to reinforce to these representatives that they must not communicate with counting officials about progressive count totals or results.
• Party/candidate representatives should be made aware that breaches of their responsibilities will lead to sanctions on their activities, which may include their removal from the voting station.
Party/candidate representatives present should be invited to witness, formally, the completion of ballot issue reconciliation records and the unsealing of ballot boxes, and provide comment where they believe correct procedures have not been followed.
They should be reminded that, at this stage of proceedings, and during the count, the decision of the voting station or count centre manager will prevail. Not all disputes will be capable of resolution on the spot.
Where party/candidate representatives do not agree with a decision of the voting station or count centre manager, they can be reminded of their right to lodge a formal complaint in writing to the electoral management body or other authorities that are legally charged with resolving electoral disputes.
Count at Counting Centres
Where the count is to be conducted at a location other than the voting station, it should also be made very clear to party/candidate representatives present that:
• they are not permitted to handle any election materials, and particularly ballot materials, while they are being, or after they have been, packaged for transport,
• or during transport, and
• that breaches of this requirement will be dealt with according to sanctions under the election law.
As with counts held in voting stations, party/candidate representatives present should be invited to witness, formally, any preliminary ballot reconciliation documents of total ballots received at the voting station and of ballots issued to voters shown as having voted.
Additionally, when ballot material has been packaged for transport to the counting centre, party/candidate representatives should be invited to witness the sealing of all packages and endorse their disclosed contents; a similar invitation should be extended to formally witness seals and contents of packages of other election materials.
Where party/candidate representatives refuse to endorse or witness the contents, they should be provided with the opportunity to state their reasons in writing and have these included with the voting station manager's report on voting.
Arrangements should also be made for party/candidate representatives to be invited to accompany ballot materials during their transport to the counting centre.
