Changes to the Preliminary Voters List
Once the preliminary voters list has been compiled and its availability to voters as well as
political parties has been appropriately publicized and promoted, the next step is to facilitate
changes to the list. There may be a number of reasons why the preliminary list may require
revision. Some electors will request their names be added either because they were passed over
during the initial enumeration or, for one reason or another, they were unable to present
themselves at the registration centre during the registration period. Some voters will want to
correct information recorded or transcribed inaccurately (e.g., misspelled name or address), or
record a change of address. Others may want to remove their names from the list.
Removing Names from the Preliminary Voters List
There are a number of reasons to justify the removal of names from the preliminary voters list.
Evidence may reveal that the elector does not fulfill the citizenship or residency requirements,
that the elector falls within one of the categories of exclusion, such as mental incompetence or
criminal conviction. Normally, there is a semi-judicial or quasi-judicial process associated with
removing names since, without such a process, fraudulent removal may occur. The elector may
have died since their name was placed on the preliminary voters list and, therefore, will need to
be removed. Obviously, an elector who has passed away will not be able to initiate the deletion
from the list. Normally, a name should only be removed by the elector in person. And in the
case of death, the name should be removed only with documented proof of death. This can
control political partisans from removing the names of political opponents.
Claims and Objections
The addition of names or the correction of information on the voters list should remain an
administrative function, as much as possible, rather than a judicial or quasi-judicial one. It is
important that appropriate procedures are observed, however, when deleting names from the
preliminary list. Often a revision court, or some similar quasi-judicial body, is charged with the
responsibility of hearing challenges to the preliminary voters' list, and which has the authority,
sometimes in conjunction with the registration official, to alter the list on the basis of the
hearing.
Many jurisdictions treat this as part of the administrative duties of the election officials and have
removed this responsibility from the judiciary. The registration officer (or equivalent) ensures
that each elector whose eligibility is being challenged, as well as all parties bringing challenges,
are informed of the date and location of the revision hearing. All would have the right to be
present and to submit materials or statements to the court. The revision court would be the final
arbiter of all challenges to the preliminary voters list.
Two caveats may be added. First, if the system allows for polling day registration, then this
procedure would not apply, since an appeal, if necessary, would take place after the election.
Second, this procedure can be a major bottleneck if the preliminary list is of poor quality. The
appeal procedures may themselves require expediting under this scenario.
The 1995 Registration in South Africa: An Illustration
The voter registration process used in the South African election of 1995, which was
characterized as having a number of deficiencies, included a very specific and comprehensive
set of regulations governing the disposition of claims and objections, which brings into clear
relief the kind of regulatory environment that can be used to facilitate the registration process
(see South Africa - Local Government Elections Regulations).61
