Assessing Electoral Fraud in New Democracies: Refining the Vocabulary
intent might be unclear or difficult to prove. For example, a trained presiding officer in a given election
who ignores highly visible ballot stuffing by party agents that leads to a distorted election result could be
prosecuted for criminal malpractice, even if prosecutors or investigators are unable to clearly prove
intent to commit fraud by the presiding officer.
As discussed, electoral fraud and electoral malpractice each refer to different sets of actors and have
different legal characters. As depicted in Figure 1, the overlap between fraud and malpractice refers to a
type of malpractice that so grossly deviates from the duty of care that it calls for criminal prosecution.
This distinction is included as a variant on the electoral malpractice concept. The respective definitions
of each term may be segmented across four dimensions: actors, action, intent (or lack of) and result. In
addition, they require different deterrence and mitigation strategies.
Figure 2 details the main differences between electoral fraud and malpractice, and notes where the
concept of criminal malpractice would be relevant. The range of possible actors is wider for fraud, as it
can include any person or group with a stake in the election result. This may include voters, political
parties, state officials with election-related duties, candidates and the media, in addition to election
workers. The nature of the action and the presence of intent is most significant: fraud is committed
deliberately and with intent to interfere with the electoral process (manifested as either an action or an
omission, in the case of an actor with official election responsibilities), while malpractice results from
carelessness or neglect. A poll worker who places a stack of pre-filled ballots in the ballot box on
Election Day has committed fraud; that same polling worker who forgets to attach security seals to a
ballot box may have breached his duty of care and committed malpractice. When developing fraud
deterrence and mitigation strategies, this is an important distinction, and one which will shape
approaches to ensure the integrity of elections.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents