Types of Errors
Errors or omission of information in nomination papers can be classified as:
- 'Fatal' flaws or errors, which cannot be rectified--e.g., nomination of a proposed candidate who does not and cannot meet age, citizenship, nationality, or similar objectively-defined qualifications;
- Defects, which are potentially rectifiable--e.g., insufficient qualified supporting nominators, omission of required information or supporting documents, impermissible party or candidate symbol, or insufficient or incorrect method of payment of a nomination fee.
Correction of Errors
Equitable electoral systems would allow candidates to amend their nomination papers prior to final determination of accepted nominations if defects are discovered during official checking. In the case of a fatally flawed nomination, the nomination of an alternative candidate would be permitted.
Election legal frameworks may deal with this in varying ways, including:
- dividing the nominations period into segments for receipt of initial nominations, for checking and notification of errors, for provision of amendments to nominations, and for final acceptance checking prior to determination of accepted nominations;
- requiring administrators to advise nominated candidates of any errors and allowing amendments up to the final hour for nomination;
- where nomination requirements are simple and require few nominators, requiring candidates to present nominations in person, and possibly to appear with their nominators, to enable on the spot checking.
Organisation of timetables for nominations is further discussed at Nominations Timetables. Speed of administrative processing, and hence mobilisation of staff resources for nominations checking, is essential to support an equitable outcome.
In dealing with nomination errors, electoral administrators must ensure that information provided on errors and opportunities for amendment or resubmission of nomination papers are equally available to all nominated candidates and parties, within the constraints of the deadline for nominations. One of the more cost-effective ways of addressing this is to limit the potential for error by encouraging information liaison with potential or intending candidates, including the provision of full briefing sessions and materials (see Processing of Nominations).
Fatal Errors--Administrative Actions
In relation to fatal errors, it is necessary to provide formal notification of rejection both to the candidate and any party or group by which they have been endorsed, as soon as it is determined that the nomination cannot be accepted. This will allow the possibility (depending on how close to the deadline for nominations the rejected nomination forms are received) of nomination of an alternative candidate. This notice should disclose the reason why the nomination has been rejected (for an example, see Rejection of Nomination - Australia, 1996).
The verification checklist should be marked to show the qualifications not satisfied or satisfied and that the nomination has been rejected. Nomination forms should also be clearly marked to show that the nomination has been rejected. The verification checklist, and nomination forms, should be filed separately from nominations accepted or still under investigation. A clear audit trail of reasons for the decision to reject nominations needs to be maintained and be available in case of any grievance or judicial challenge to the decision. If the nomination is rejected other than in person on delivery, arrangements must be made for correct accounting for and, if required, reimbursement of any nomination fee paid.
Defective Nominations--Administrative Actions
Even in mature systems, with experienced participants, nomination errors can occur. The role of electoral administrators in providing timely notice to candidates or parties of any rectifiable errors in their nomination papers is a safeguard in maintaining voter choice.
The basic steps in any such process include:
- notice to the candidate/party of the defect(s), what is required for them to be rectified, and the date by which this must occur if the nomination is not to be rejected;
- tracking these notices and replies on the nominations verification checklists;
- checking the amended information to determine if the nomination can now be accepted, and recording the decision.
Check Of Nominators
Where relatively large numbers of supporting nominators are required for a nomination, the validity of nominators is often a source of dispute. Careful checks need to be instituted to ensure that at least the required number of valid nominators has been supplied by:
- checking the qualifications of each nominator (e.g., that each is in the voters register in the required manner);
- checking that entries on the list of nominators are not fraudulent.
Handwriting and/or any required signatures should be checked to ascertain if any nominators have been entered on the list more than once. Where there is doubt about the validity of entries on the list of nominators, sample or full contact checks are better undertaken. Allowance of sufficient time for this needs to be made in the nominations processing timetable.
