Rights of Party and Candidate Representatives
While the specific manner in which their observation duties are undertaken may vary according to the voting systems used, open and transparent voting processes would generally provide the following rights to party/candidate representatives in voting stations:
- subject to being validly accredited to the voting station, to remain within the voting station while lawfully carrying out their functions and enter and leave the voting station at any time, subject to any restrictions on the number of representatives representing one party or candidate that may be present;
- to observe all activity, with the exception of the marking of ballots by voters, within the voting station, from the check counting of ballots and sealing of ballot boxes prior to the commencement of voting to the final packaging of material after close of voting;
- to challenge the right of any person to vote;
- to question any decisions made by voting station officials with the voting station manager and election management officials;
- to witness the marking of ballots for physically impaired or non-literate voters by a voting station official, where such assistance to voters is allowed;
- to make notes of any occurrences, make copies of any official documents, and record any statements freely offered by voters.
Campaigning within Voting Station
Different jurisdictions have widely differing definitions in law of what constitutes 'campaigning.' Preventing party or candidate representatives from campaigning within a voting station is a restriction that attempts to allow voters some distance from any political pressures at the time when they actually cast their vote. In general, open attempts within the voting station to influence voters in their vote by displaying or distributing political literature or otherwise communicating with voters, including public broadcasts that can be heard from within the voting station, are barred.
There is often also an exclusion around the voting entrance within which the distribution of political material by anyone is banned. The area of this zone varies widely among different jurisdictions, dependent on factors such as:
- the security environment;
- cultural attitudes towards voters being left in peace on voting day to determine their vote;
- past harassment of voters outside voting stations.
This exclusion area may be as little as five metres from the voting station entrance or up to a kilometre. Where wider security areas are established around voting stations (see Voting Site Security Arrangements), it may also be appropriate for the legal framework to ban any political campaigning within this area on voting day.
Some jurisdictions additionally ban party or candidate representatives within the voting station from wearing any apparel or badges that could be identified with any candidate or party running in the election. (This may be particularly sensible where there is a potential for conflict during voting.) Others ban totally on voting day the distribution of any materials attempting to influence voters' choices.
Conduct of Party and Candidate Representatives
As a condition of accreditation to voting locations, party and candidate representatives must have formally accepted the code of conduct applicable for their behaviour (see Party and Candidate Codes of Conduct). If a full code of conduct has not been developed, then at the very minimum a formal declaration that their actions will maintain voting secrecy, follow the directions of voting station officials, not interfere with election processes, and be bound by the legal framework for the election should be sought from each party/candidate representative as a condition of accreditation (for an example of such a declaration, see Declaration by Polling Officer or Scrutineer. New Zealand).
While within voting stations, party or candidate representatives are expected to adhere to the conditions of the code of conduct, and of any requirements imposed on them by the legal or regulatory framework for the election. Specific requirements may again vary according to the details of the voting system; however, in principle, conduct required of party or candidate representatives while within the voting station area would include:
- not attempting to influence or intimidate any voter;
- not attempting to intimidate, harass, otherwise threaten or interfere with the work of any voting station official;
- communicating with voting station officials and voters only as necessary for the conduct of their duties;
- not marking or handling any official election material, except to witness records of the vote, or attempt to have it removed from the voting station or destroyed, or attempt to introduce any purported official election material into the voting station;
- obeying all lawful directions by the voting station manager and voting station officials delegated to issue directions to representatives;
- not campaigning for votes within the voting station area;
- not providing any person turning out to vote with false information regarding their eligibility to vote at that voting station or in the election;
- not entering the voting compartments, except (if allowable under the law) when nominated by a voter to assist in voting or to witness the vote of a voter who is assisted by a voting station official.
Some jurisdictions would also bar party and candidate representatives from using any communication device--mobile phones, telephones, radios--from within the voting station while voting is in progress.
