The Question

This question was posted on behalf of Jimmy Cusi Quispe from the Electoral Commission of Peru. An English translation of the question can be found below the Spanish.

Buenos días estimados señores de argentina, chile, ecuador, colombia, uruguay, paraguay, bolivia, brasil, venezuela y panamá:

Les escribo con el propósito de que me absuelvan esta pregunta, acá en el Perú existe la figura denominada "voto golondrino" el cual es un acto ilícito que consiste en trasladar un determinado número de electores de un distrito hacia otro, con la intención de favorecer a una determinada candidatura, con el objeto de torcer la voluntad popular expresadas en las urnas. Este acto se encuentra tipificada como delito en nuestro Código Penal, por lo que quisiera saber ¿Cómo denominan ha este acto en sus respectivas legislaciones nacionales?¿En que casos se dan?¿Se encuentra sancionada y si es asi cuales son las medidas que se adoptan contra ese accionar?
Les agradeceria bastante hacerme llegar la respuesta a mi interrogante
Sin mas que decirles me despido agradeciendoles por la atención brindada
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I am writing to you so for enlightenment on the following question: Here in Peru exists the notion of “golondrino vote”, which is an illegal act consisting of the transfer of a certain number of voters from one district to another with the intention to favor a particular candidate, in order to distort popular will expressed at the polls. This act is typified as a crime in our Penal Code. Therefore, I would like to know which term is used to describe this act in your national legislations, under which circumstances it occurs and whether it is punishable. If yes, what measures are taken against such an act?

I am very grateful for any answers you can provide to my question and thank you in advance.

Summary of responses
In Kenya, the act of voters casting their votes outside their area of residency with the aim to manipulate the results is known as ‘importing’ voters. Such voters are normally paid by party representatives to do so, and it is most likely to occur near constituency borders or in urban areas. Although this is punishable, the law is rarely enforced.

In Hungary, voters who shall be away from home on election day may obtain a certificate that allows them to vote elsewhere in the country. It is noted, however, that there is a widespread belief that this system is abused, with some voters applying for a certificate in order to vote in an area where their preferred party/candidate will benefit the most. While such behaviour is illegal, it is said to be practically impossible to prove.

This type of voting is also illegal in Panama and punishable by fine, the amount of which varies and is the greatest for a person judged to have encouraged a voter to vote in such a manipulative manner.
Military personnel are cited as being a particularly likely group to receive instructions from the ruling party to vote elsewhere.

Examples of related ACE Articles and Resources
Encyclopaedia:
• Legal provisions to prevent fraud 
• Voter registration: Qualifications and identification  

Names of contributors
1. Zsolt Bartfai
2. Magda Ornella Ceballos Orozco
3. Zekria Barakzai
4. Loma Simon
5. Atem Oben Henry Ekpeni
6. Bucumi Julius
7. Reuben Chemitei

Despite the warning of the law (see last sentence of the previous paragraph), it is commonly believed that this “certificate” can be used in an abusive way (e.g. a voter request such certificate in order to vote in a constituency where his favourite party has chance to win a seat, instead of voting in the constituency of his domicile where his party is chanceless). There are no evidences, only rumours that abuses might have already happened. However, it is very difficult, almost impossible to prove such abuse, since everybody has rights to request such certificate without being obliged to provide the authorities with the reason for such request.

Anyway, in case the fact that a voter requested such certificate and voted in a different constituency in order to manipulate the result of the elections could be proven, this action would constitute a criminal offence under the Criminal Code of Hungary (Art. 211 of Act IV of 1978). However, again, it is almost impossible in practice to prove this. 

Saludos desde Panamá. En mi país lo que existe un tipificación por cambio de residencia doloso a un lugar en el cual no se reside:

Artículo 395 (Código Electoral).  Se sancionará con cincuenta a quinientos días-multa a quien dolosamente se haga empadronar en el censo electoral o inscribir en el Registro Electoral, en un corregimiento distinto al de su residencia.  La sanción se agravará con el doble para quien haya instigado la comisión de este delito.

En el caso de que la persona sea instigada a hacer el cambio de residencia, el instigador recibe una pena mucho más alta.

Cualquier duda, estoy a la orden.

Magda Ceballos

In Afghanistan double(dublicate)registery is a felony under Electoral law, in case if it is proved the people involved to that can be punished under panel code as act of fraud which may end up mid term imprisment(from six month to one year)

In Antigua and Barbuda, except in the case of revision of boundaries, voters cannot be transferred from one Constituency to another.  After the Report of the Boundaries Commission is submitted to Parliament and Parliament is dissolved for the purpose of a general election, any changes in boundaries which necessitate the transfer of voters is done.  This is to enable a Register for Elections to be published for use on polling day.  There is a term referred to as "gerrymandering" in some countries where it is believed that Boundaries Commissions delineate boundaries in specific Constituencies to favour the ruling party.

Usually or in most electoral laws, provision is giving for voters who change domicile to vote where they live on condition that the provide evidence such change of residence; work transfer letter, attestation of residence etc to certify that they are now residing in that constituency before the local EMB office effect any changes in the register. This is common.

My concern about the question raised is whether the votes are transferred after E-Day by the EMB by manipulating electoral boundaries or by deliberate transfer using military votes. If this is not the case raised then tracking such a practice by individual voters may be difficult in the African context. In most countries such acts are punishable by the penal code.

In certain countries, a category of voters (retired workers, transferred workers, military personnel) have up to 6 days before the polls to change their residence and subsequently their electoral constituency. In situations where campaign forecast disfavor a  particular party especially the party in power, such transfers may occur especially with the military in favor of the party.

If it is obvious that such act of vote transfer is being perpetuated in Peru, tracking and tracing the perpetrators will be easy and the section in the penal code punishing the act should be strengthened and implemented rigorously. Sensitization and educating the voters may also play a great role in denouncing such act and above all parties caught practicing such acts should be punished.

You are lucky to have that act as an offfense in your penal code. Do respect the law.  Besides that, organise the meetings with all election stakeholders to inform them bout those legal provisions and such behaviour of manipulation of electoral demography. Discuss on the penalities and other measures which can be taken such as public dennounciation , disqualification of  the law offender.... If as EMB, you are not allowed to edict any measure as we can do it here in  Burundi to make the electoral process be transparent, use the penal code you have.

Work on communication strategies and the results will be positive.

In your question, it is not clear who tranfers the people! In an ordinary situation voters may move voluntarily to register at those districts where they want to influence the voting patterns or politicians who have interests transfer voters during registration period so that they vote in those districts. Usually they are bought to do so. In Kenya this is popular called 'importing' voters. this is rampant in two situations:

1. At border points between two or more electoral districts
   
2. At distant electoral districts which are cosmopolitan or share a common characteristic like the similar ethnic occupancy

This is punishable. However, the law enforcers have not been able to live up to this challenge.