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. 12

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