Basic Issues
The task of verifying nomination/registration data can be divided into two separate functions:
- verifying that all the information required to determine acceptance of the nomination/registration is present;
- verifying that the information provided is accurate and determining whether the data provided meets the qualifications and criteria for accepting the nomination/registration for the election.
Responsibility for carrying out these verification checks will primarily rest with the person to whom the nomination is formally submitted, normally the electoral district manager or provincial or national manager for the election in question. On receipt of nomination/registration documents from a candidate, group, or party (see Request for and Receipt of Nominations), it is highly useful to immediately commence a verification. (For an example of a verification checklist for candidate nomination and party registration, see Nominations/Registration Checklist, South Africa 1995.)
Verification Process
Verification that all the required information has been presented, that the candidate has consented to nomination, and that any required fee has been provided is a relatively easy task to perform from examination of the nominations forms and any attached papers or payment.
Problems may arise in checking that the proposed candidate or party in fact meets all the qualifications to stand for election. Two different approaches to this are taken in various electoral jurisdictions:
- the candidate or party's declarations on the nomination/registration forms regarding qualifications are taken at face value;
- claims against each qualification are checked thoroughly by the responsible official before certifying acceptance of the nomination or registration.
Acceptance of Statements on Forms
If the candidate/party's statements are accepted at face value, it makes for speedier nomination processing, but in effect leaves to grievance or legal review actions (often resulting from public inspection of the nomination forms) any questions about the veracity or legality of the claims made on these forms. It may not be a preferable course to take since, if the legal review cannot be settled prior to final date for nomination, the result may be a legally voided election (in this respect, some legal frameworks for review of challenges to nominations require determination within a time frame that does not upset the election timetable).
However, where there is a lack of legal clarity about the required candidate qualifications (which may occur where any qualifications or disqualifications are based on constitutional provisions), it may be the only appropriate course, or else voters may be denied a legitimate choice. Such potential confusion should act as an incentive in all jurisdictions to ensure that constitutional and statutory requirements for nomination are clearly and comprehensively expressed in law (see Candidates' Qualifications) and that nomination requirements are clearly publicised in public and party/candidate information programs.
Thorough Check of Information Supporting Nomination
Thoroughly checking all information provided on nomination forms requires considerable administrative effort on the part of electoral administrators, especially where a high threshold of nominator support is required. Consequently a longer period may be needed for processing nominations.
Considerable liaison with other state agencies may be required, and methods for obtaining swift access to all relevant information need to be put in place well before the nomination period. These arrangements may include the provision of information regarding:
- voter registration data for the candidate and nominators from electoral registration authorities;
- where candidacy and voter registration age qualifications differ, proof of age from police or birth records;
- holding of any positions that disqualify a candidate from holding the representative position being contested, from the relevant state authorities (possibly military, parliamentary, public sector agencies);
- any legal penalties incurred by the proposed candidate, from judicial authorities;
- financial probity (if disqualifications regarding bankruptcy and/or debts to state authorities are in effect) from judicial authorities and state and local government agencies;
- candidate symbols or party identifiers already accepted for use by other candidates and parties at the same election;
- eligibility of candidate to claim party or group endorsement, from designated party officials;
- party registration status, where a continuous party register has been maintained.
In jurisdictions where substantial numbers of nominators are required in order to discourage fringe candidates, checking that sufficient nominators meet the nominator qualification can be the major administrative task in the nomination process (see Errors in Nominations). Staffing and materials requirements for this process need careful planning.
Difficulties can occur when this information may not be available, or is not possible to obtain prior to closing of nominations, which can often be the case with, for example, financial probity records. In such cases, it is preferable to accept candidates' declarations that they meet such qualifications rather than reject them due to lack of evidence. A judicial remedy can be applied if detrimental evidence is later found.
It would be less of an electoral administrative burden to require certification by appropriate authorities that the candidate meets particular qualifications to accompany the nomination form. For some of the required data this may be seen as an unnecessary barrier placed in the way of nomination.
Record Keeping
During the checking of nominations, all decisions made regarding the satisfaction of nomination requirements, and whether the candidate or party meets or does not meet each nomination qualification, should be recorded on a verification checklist (see Nominations/Registration Checklist, South Africa 1995). The checklist and any documentation supporting the acceptance or rejection of nomination should be attached to the nomination papers and securely filed.
