Electoral fraud takes various forms. In some cases it may be committed by citizens acting individually or in organised groups; in other cases it may be committed by a government intent on rigging the outcome of an election. The election management authority must have the necessary independence to ensure fair standards in combating election fraud by citizens; and it must have an assurance that the government will not resort to fraud.
Electoral fraud committed by individuals
- Impersonation: A common form of electoral fraud is an attempt to vote more than once, either by obtaining a second voter identification card or pretending to be another voter. Penalties for impersonation or double registration usually are set out in the electoral code; they include fines, imprisonment or both.
- Voting in the name of deceased persons: A variant of impersonation is an attempt to vote more than once, first using one’s own identity to vote and then using the identity of a deceased person. This type of fraud may be prevented by keeping the voters’ list up to date and making sure that names of deceased persons are removed promptly. Fines may also act as a deterrent. Ensuring that the body that is responsible for updating and maintaining the voters’ list acts independently free from pressure or intimidation will also help in ensuring that voting the name of a deceased person does not take place.
- Mail-in ballot fraud: In a system that allows voting by mail-in ballot, there is a risk that the ballot will be requested or completed by someone other than the eligible voter. Integrity may be safeguarded through a prohibition against requesting a ballot for another individual, a signed declaration confirming the identity of the voter, and heavy penalties for breach of these regulations. An electoral management authority or the body responsible for the election can consider a system where the return mail has some verification that it is from the voter concerned without compromising the secrecy. In some countries the introduction of electronic voting can also prevent mail-ballot-fraud. Like in countries such as Estonia, France, Switzerland and some parts of the United States.
Electoral fraud committed by groups or governments
- Double counting (miscounting) of ballots: One way of stealing an election is by counting ballots incorrectly or stuffing the ballot box with votes not validly cast. Various measures may be used to deter these fraudulent practices such as allowing only election officers to deposit ballots into the ballot box; using see-through ballot boxes; and counting the ballots in the presence of political party representatives as well as independent citizen and international observers, who attest to the fairness of the process. In addition checking the number of ballots in the box with the number of ballots issued can also assist in preventing electoral fraud. A common practice in past years also provides for the presiding officer, electoral agents and in some cases citizen and international observers, signing the results confirming that the tally accurately reflects the count, giving each of these parties a copy of the results sheet and pinning it to the outside door of the voting station so that the public at large is given this information. Countries like Zambia, Lesotho South Africa and Zimbabwe use this procedure.
- Intimidation: Those wishing to sway the outcome of an election may engage in intimidating activities to discourage voters from registering or, if they have registered, from voting on Election Day. Intimidation may sometimes be difficult to perceive because of the many forms it takes, explicit and public as well as more subtle. Nonetheless, the election management authority needs to be aware of efforts to intimidate voters. It may receive help by encouraging reports of intimidation. It may also work with civil society groups and with citizen and international election observers to monitor intimidating activities. Another way to try and minimize intimidation is to get all contesting political parties to sign a Code of Conduct prior to the election committing themselves to ensuring political tolerance and to preventing intimidation. For example in the 2011 election in Chad for the first time political parties developed, agreed on and signed a Code of Conduct. Similarly South Africa, Lesotho and Sierra Leone.
Exclusion from the voters’ list: To be free and fair, an election must allow all voters who meet the eligibility criteria to express their preferences by voting. Attempts may be made to exclude some groups of citizens from the voters’ list, particularly if they are known to support a particular political party. The election management authority needs to be aware of plans for any such attempt and must ensure that it does not succeed. The risk is that by trying to include a certain group of people on the voters’ list, the election management authority may be perceived as seeking to influence the outcome of the election in their favour.
