Basic Issues
Freedom to observe all voting processes by representatives nominated by parties and candidates in the election is a necessary safeguard of the integrity and transparency of the election. The rights and conduct responsibilities of candidate and party representatives in voting stations would normally be defined in the legal or regulatory framework for the election (see Observation). (For further discussion of these, see Rights and Conduct within Voting Stations. For further discussion of the roles of party/candidate representatives during and after voting, see Preparations for Commencement of Voting, Voter Service, Assistance to Voters and Role of Party/Candidate Representatives.)
Observation/Monitoring Role
What must be clear to such representatives is that they are attending the voting station to observe proceedings, not to campaign or otherwise participate in voting. All legal restrictions on campaigning within the voting station area--such as on communication with voters, distribution of partisan material, wearing of badges or apparel, public broadcasts that can be heard within the voting station--must be strictly and equitably enforced for representatives of all parties and candidates. Voting stationofficials must also ensure that party/candidate representatives do not handle any accountable voting materials.
Whilst within the voting station party and candidate representatives should be subject to the authority of the voting station manager and staff, and may be removed from the voting station on direction of the voting station manager if their conduct breaches any of the standards laid down in the regulatory framework, including any code of conduct (see Party and Candidate Codes of Conduct).
While candidate and party representatives should have the right to immediately question decisions made by voting station officials or the implementation of voting procedures, by requesting review by the voting station manager or if still unsatisfied by electoral management body officials, they should not be permitted to influence voters, to disregard voting station officials' directions, or to otherwise disrupt voting.
Assistance from Voting Station Officials
Voting station officials should, within reasonable bounds, assist candidate and party representatives in the conduct of their observations. This would include undertaking all actions in a manner that is visible and senior voting station staff providing explanations to representatives of why particular actions or decisions have been taken.
Requests by candidate and party representatives to slow down voter processing or the compilation of documentation are more problematic as they can impinge on the efficiency of voter service. Where staff are following standard procedures correctly, such requests should generally be refused; voting station officials cannot allow the effectiveness of their service to be limited by the effectiveness levels of the representatives provided by parties or candidates.
(For further discussion of the role of candidates and parties in the voting process, see Training Party Representatives.)
Party/Candidate Representatives Authorisation
Transparent voting systems would allow representatives of all parties or candidates running in an election to nominate representatives to represent their interests in all voting stations in which voting will take place for that election. This need not extend to political groups not contesting the particular election.
All representatives of parties and candidates present in voting stations would preferably hold formal accreditation from the electoral management body and should also be accredited by their party or candidate. Application forms for accreditation should be made available through electoral management body offices during the election campaign period (for examples, see Appointment of Scrutineer- New Zealand 1996, Appointment of Scrutineer - Australia, 1996, Appointment of Agents - Antigua and Barbuda). Party/candidate representatives should present evidence of accreditation before being allowed to enter the voting station area. This evidence could be in the form of a badge or a formal letter of accreditation issued by the electoral management body. In some systems, accreditation may be issued by the candidate or party without requiring approval of the electoral management body. While this may provide greater flexibility, it would place a greater burden of control on voting station managers.
voting station staff controlling voter entry to the voting station or voter queues must undertake this accreditation check as part of their duties. Particular care needs to be taken where representatives are accredited to a particular location or locations only, or where there are different categories of party/candidate representatives, that their accreditation is valid for the specific location.
On Entry to Voting Station
On entry to the voting station, representatives should immediately present their accreditation and introduce themselves to the voting station manager. Representatives should also advise the voting station manager whenever they leave or re-enter the voting station. The voting station manager should keep note of the representatives present and the political interests that they represent. This is useful in general, and particularly important in systems where there are regulatory restrictions on the number of representatives representing any one party or candidate who may be present in a voting station at the same time. Claimed excess numbers of representatives may be seen as a ground for challenging the conduct of voting.
Identifying Badge
While within the boundaries of the voting station, representatives should prominently wear a badge or sticker identifying their role (for examples, see Scrutineer Badge - Australia, 1996 and Scrutineer Badge - New Zealand, 1996). Where letters of accreditation, rather than badges identifying party/candidate representatives, are issued by the electoral management body, each voting station should be supplied with a stock of identifying badges for this purpose.
Eligibility of Candidates
There is also the question of whether candidates themselves should be restricted from acting as voting station representatives. As the continued presence of a candidate within a voting station could be considered 'campaigning' it is often seen as prudent that this restriction, as with other restrictions on political campaigning within voting stations, be applied in the election rules.
Numbers of Representatives Present
Legal frameworks for the election may restrict the numbers of representatives that any one candidate/party may have present in a voting station at any time. The balance has to be struck between transparency of the process and the capacity of voting stations to take large numbers of representatives. A reasonable compromise is that candidates or parties are allowed one party/candidate representative for each table issuing ballots and/or ballot envelopes to voters.
Where there are large numbers of candidates/parties, and hence large numbers of representatives present, voting station managers may need to have powers to restrict movement of representatives within the voting station so as not to interfere with voting processes. This should be done by a process of negotiation, rather than by edict, and in such a way that preserves transparency of polling official actions. Where different voting stations share the same site, additional controls on party/candidate representative numbers and movement may be required. Special arrangements may need to be made for mobile voting stations (see Representatives at Mobile Voting Stations).
Recording of Complaints and Challenges
Any challenges to voters by party or candidate representatives, and any complaints from them regarding the operations of the voting station, must be recorded in writing by the voting station manager (and preferably countersigned by the relevant observing representative) and included with the voting station manager's reports on voting submitted to the electoral management body (see Close of Voting).
Removal from Voting Station
In briefings to representatives, the need to follow the spirit as well as the letter of the law should be stressed. A cooperative attitude between representatives and officials will make activity more comfortable within the voting station. Where breaches of conduct requirements are detected, the voting station manager should act immediately. Depending on the seriousness of the breach, a warning or removal of the offending party/candidate representative(s) from the voting station could be justified. If party/candidate representatives ordered to leave the voting station refuse to leave, the voting station manager should request security officials' assistance in removing them.
All breaches by representatives of their code of conduct or other election rules should be recorded in writing by the voting station manager and included with the reports on voting submitted to the electoral management body (see Close of Voting), for decision as to whether further action to seek penalties under electoral law should be instituted.
Removing a party/candidate representative from a voting station for misconduct has the potential to disadvantage a party and its voters through the behaviour of one individual. Equity is maintained if there is provision in the election framework that a party or candidate can replace any representative who has been removed from a voting station with another appropriately accredited person.
Voter Information
The practice that is common in some jurisdictions of party workers outside the voting station assisting voters by providing them with information on their serial number on the voters list, or information as to whether they are in fact on the list can be a dangerous practice for the following reasons:
- Material supplied to party/candidate workers may not be an exact replica of the voters list being used in the voting station.
- Party workers may attempt to discourage or misinform voters who they believe will be supporting contestants from other parties.
- Errors in identifying voters from the lists of voters used may occur.
While this practice could potentially assist voting station officials in redirecting voters, unless party workers are well-trained, impartial in their advice towards supporters of all election contestants, and provided with accurate data, it can cause confusion among voters.
