International Foundation for Electoral Systems
turn, reinforces the importance of clear definitions of legal rules on the grounds for annulment and the
procedures to be followed in annulment cases.
Voter Registration Irregularities
Many jurisdictions struggle to maintain voter rolls that are accurate, inclusive, up to date, and
transparent. Where flaws in a voter registration system make it difficult or impossible for people to
register to vote, or facilitate fraudulent voting, the integrity of the election may be called into question.
An example of the potentially serious impact of voter registration irregularities can be seen in Iraq’s
2018 parliamentary elections. The late decision by the Independent High Electoral Commission (IHEC) to
capture voters’ information biometrically required 23 million voters to update their voter registration
information in order to obtain new voting cards between September 17 and November 9, 2017. Time
and logistical challenges meant that the conversion to a biometric identification (ID) system was not
comprehensive and created a situation where more than one type of official voter ID card could be used
during the May 2018 parliamentary elections, leading to an increased number of conditional ballots and
disqualification of some voters. These voter registration challenges were compounded by the use of
voter identification machines on Election Day, which frequently failed to authenticate voters who
possessed biometric ID cards,44and ultimately raised concerns about the integrity of the elections and
credibility of results. Allegations of fraud led the IHEC to annul the results from many polling stations, a
decision the Federal Supreme Court reversed as unconstitutional.45
In the 2013 Maldivian presidential election, following the original first round on September 7, the
Supreme Court annulled the elections and canceled the planned second round by a vote of four to
three. Writing for the majority, Judge Ahmed Abdulla Didi referenced a confidential police report that
claimed that 5,623 ineligible people had voted in the election, including dead people, individuals under
18, and people using fake identity cards. The dissenting judges, including the chief justice, said there was
no legal basis for the annulment, as the allegations were not properly corroborated, nor were they
clearly outcome-determinative.
Polling and Counting Irregularities
Challenges to results based on Election Day violations pose particular problems for adjudicators, both
because of the need to resolve complaints quickly and because problems are often dealt with in the first
instance by officials on the ground who may not adequately document actions they have taken to
address the problem or the reasons why. Where problems are widespread, officials in different places
44
To avoid problems with non-verification of voters, the IHEC approved an override feature in the software to
allow polling station staff to let such voters cast their ballots. Purportedly, there was a 15 percent margin or less
on the number of such “exceptions;” however, observers claimed the override procedure took place regularly in
some polling stations, raising concerns about the integrity of the elections.
45
“Iraq’s Supreme Court rules yes on election recount, no on canceling votes,” June 21, 2018,
http://www.kurdistan24.net/en/news/0313f414-c707-4490-ba30-28af7d703cd5.
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