Review of Preliminary Voters' List
There is always a period of time between the production of the preliminary voters list and the
revised voters list used at the voting station on election day in which voters and other interested
parties may review the list. During this period an objection 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 Authority
A judicial or quasi-judicial authority typically is established to adjudicate the appeals. Because it
is important for individuals to present themselves to the appeal or revision court, these courts
should be sufficiently numerous to be easily available to voters, and should not require significant
travel time and expenses to attend a hearing. In addition, the court or tribunal should be fair, and
should be seen to be fair.
The objection and/or appeal need not take place during the election period. With a continuous list,
there needs to be an appropriate process to respond to objections on an ongoing basis. Normally,
there is little activity regarding objection hearings, but the legal definition concerning the
establishment of such a process is of prime importance to political parties and election
administrators alike.
Registration Rejection and Review
The Australia Electoral Commission provides useful documentation (see also
Australian Electoral Commission - Electoral Roll Review Manual. Recruitment and Training) on the rejection of registration, and on the manner in which the decision on rejection
may be appealed and reviewed.81 Not surprisingly, the grounds for rejection of a registration are
relatively few and include such things as the applicant being too young, not a citizen, of unsound
mind, imprisoned for a period of five years or longer, or convicted of treason or treachery. In
addition to these criteria, registration can be rejected if the application is not in approved form, is
unsigned, is not attested to by a witness, or is not completed in accordance with the directions
contained on the form. Other grounds for rejection include failure to reply to a citizenship
questionnaire follow-up letter, no accompanying letter from a medical practitioner for a physically
incapacitated person, the applicant is not residing in the subdivision, is not residing at the residence
as claimed in the application, the address does not exist, or it is not a real place of residence.
Successful appeals are unlikely for rejection decisions on some grounds (such as the age or
citizenship requirements), but appeals on the basis of other grounds (such as an unsigned form) are
much more likely to succeed. If an application is rejected, the applicant has the right to request a
review by an Australian Electoral Officer, and in turn that decision may be reviewed, at the request
of the disqualified voter, by the Administrative Review Tribunal, as per part one, subpart six of the
Procedures Manual.82
The South African Case
The Election Regulation adopted by the Transitional Government of South Africa in 1995
provides a useful model for the composition and functions of a revision court.83
