International Foundation for Electoral Systems Figure 2. Elements and Applications of Electoral Fraud and Malpractice Practical applications Elements of the definition Possible actors 29 Electoral Fraud Election officials, other public officials, voters, political parties, candidates, media Action Actor knowingly interferes with the electoral process Intent The action or omission is committed deliberately Result Distorts the will of the people. This may manifest itself as interference with individual votes, or in overall vote counts that impact the result or results of the election.29 Deterrence • Job loss or suspension • Fines • Criminal prosecution Mitigation • Introduction of new or amended laws, regulations, or procedures to eliminate flaws or lacunae that allow or facilitate fraud • Amendment of election results • New elections called • Restoration of infringed rights Electoral Malpractice Election officials (including full-time and ad hoc workers performing official duties related to any stage of the electoral process) Actor is negligent or careless in carrying out his or her election-related responsibilities The interference results from carelessness/neglect (gross negligence may rise to the level of criminal malpractice, regardless of whether intent is proven) May lead to irregularities in the electoral process, some of which may prevent the election outcome from reflecting the will of the people • Job loss or suspension • Fines • In the event of gross negligence (criminal malpractice), criminal prosecution may be pursued • General training and/or awareness courses • Training to improve supervisory capabilities of election officials • Improved use and enforcement of codes of conduct • Amendment of election results • New elections called • Restoration of infringed rights Although all forms of fraud or attempted fraud should be prosecuted to the full extent allowed by law (including instances that are non-outcome determinative), when election officials are triaging potential fraudulent incidents on or around Election Day, clearly outcome determinative fraud should be prioritized in order to mitigate the potential impact that it has on the electoral process. In addition, each type of fraud implies different strategies for mitigation. For example, fraud that affects the outcome of the election could result in the amendment of election results or new elections; on the contrary, fraud that only affects a few voters might only result in a sanction and, if possible, the restoration of the infringed rights of those voters. 12