Review of Preliminary Voters List
It is advisable to reserve a period of time between the production of the preliminary voters list
and the final voters list during which electors and other interested parties may review the list.
During this period an appeal may be lodged for the addition or deletion of names from the voters
list (see Gathering Changes to Preliminary List).
A Judicial or Quasi-Judicial Function
In the recent past, a common scenario has been that a judicial or quasi-judicial authority was
established to adjudicate the appeals. Today, however, this is no longer the norm. In mature
democracies the voter registration appeals process has become an administrative function and
election officials typically make these decisions. Of course, not all claims for changes to the
voters list require handling though appeals. Often they are relatively simple and straightforward
administrative matters. Many eligible voters are often left off a preliminary list, for example,
when they actually wish to be registered. A somewhat more searching process is warranted
when there is an objection to an unqualified or deceased person on the list. In this case, either
official documentation is generally required or a more formal objection mechanism may be
instituted.
Since normally it is required that individuals present themselves to the appeal or revision court
or to the election authority, these opportunities should be numerous enough for them to be easily
available to electors, and should not require significant travel time or expense to attend a
hearing. In addition, the court or tribunal should be fair, and should be perceived to be fair.
Whatever authority is established to review appeals, the decisions of that body should be
answerable to a higher authority, typically through the country's regular court system.
The South African Case
The regulations governing the South African election of 1995 contained detailed provisions for
the constitution of revision court, which are provided to illustrate both the powers and functions
with which such a court may be empowered, and the careful provisions for membership that may
be in place.62
