In those election systems where it is compulsory for registered voters to turn out to vote, measures need to be implemented after voting day to determine which registered voters did not vote and to investigate whether action with regard to penalties against these non-voters needs to be taken. (For a general discussion of compulsory voting systems, see Compulsory Voting.)
Determination of Voters and Non-Voters
Consolidating data on registered voters who did not vote requires:
- examining each voters list used in each voting location;
- examining any special voters lists or other records used to identify those voters who were issued special ballots, such as by mail or absentee;
- either manually or electronically transcribing the names of those who are not marked on these lists as having voted onto a master list for further action.
Electronic Processing
This can be a tedious and inaccurate transcription exercise when manual transcription methods are used. There are faster and more accurate options for electronic processing, including:
- optical scanning of voters lists designed so that names of voters who voted are marked on the list in scannable fields, with output records of those not marked as having voted being produced;
- using bar-coded voter identification cards that are scanned at the voting station, and electronically comparing these records to the full voters lists;
- direct keyboard input of the names of those who voted and electronically comparing these records to the full voters lists.
Security of Materials
Where this consolidation occurs during the time period available for challenges to election results, the opening of sealed packages containing voters lists, their examination, and resealing should be undertaken under secure conditions. Opening and resealing of packages should be witnessed and packages resealed when not in use. Strict care must be taken that no alterations are made to the marks made on voters lists by polling officials during the voting period, as numbers of voters marked off the register at particular voting stations could be an issue in election validity challenges.
Investigations
It is prudent for compulsory voting systems to require an investigative stage prior to processing (either administratively or judicially) penalties for non-voters.
Equitable systems would recognise that there may be voters who were unable to vote during the voting period and would define acceptable reasons, such as illness, absence from country, or voting day emergencies, in their election regulatory framework. Such systems may also allow issuing of certificates prior to voting day, excusing registered voters from voting if an acceptable reason is provided. In addition, voter registration methods may not be sufficiently rigorous to ensure that persons who have moved from the electoral district for which they are registered, or are deceased, do not remain incorrectly on the voters register, or voting station officials may not be wholly accurate in marking names off voters lists, particularly where a large number of similar names appear.
For these reasons, before proceeding to the penalty stage, all apparent non-voters from the voters lists and any other voting records should be formally investigated. If there is no requirement for prior certification of absence from voting, they should be contacted by the electoral management body and any valid reason for not voting or other relevant circumstances elicited. Such investigations are generally better undertaken administratively than by police or other law enforcement agencies.
While such investigations are an additional expense, this can save later embarrassment, particularly if voting station official error in marking voters lists is found to be the cause of a voter being shown as not having voted. Responses to these requests can then be assessed as to what actions available under the legal framework should be taken. Potential actions could include:
- recognising an administrative error where people can show that they voted;
- acceptance of the excuse provided for not voting where this is a sufficient reason under the legal framework (this could also include advice on any alternative facilities for voting, such as early or absent voting, that the voter might have been able to utilise);
- where no or insufficient excuse is provided, imposing an administrative penalty or initiating court action as provided by law;
- where this is an option under election rules for minor violations, impose no penalty but warn the voter of the potential penalty consequences of failing to vote in the future.
The principle behind such actions should be to encourage voters to comply with compulsory voting requirements, rather than to exact instant retribution in all cases of non-voting. Where continuous voters registers are maintained under such systems, any changes to registration status found in responses to investigations will also need to be actioned.
Control Systems
To maintain transparency and consistency in processing of non-voters, accurate records will need to be kept. These would include:
- reconciliations of the total numbers of voters not marked on voters lists and not determined from other voting records as having voted, to the various categorisations of these voters determined during investigations;
- records of investigations and responses;
- if administrative penalties are applicable, reconciliations of penalty demands, penalties paid, and accounting for any monetary penalties received;
- where judicial penalties are to be sought, records of cases opened, results of judicial determinations, and schedules of any requirements for electoral management body officers to present evidence.
Compulsory Voter Registration
In systems of permanent, continuous voter registration, in which it is also compulsory for all qualified persons to be correctly registered to vote, data collected from voting records and reports on changes in voters' information for registration will also need to be followed up by the electoral management or voter registration authorities. Where systems allow provisional ballots (see Voters Not Found on Voters Lists), these can be a rich source of such data. Any voting day registrations effected under such systems will also need to be processed to the voters register.
Under such compulsory registration systems, it is more effective to collect, wherever possible, in the required format, changes to voters' registration information in the voting station itself, for later processing, rather than rely on future, less reliable, and more costly punitive provisions or administrative contact.
