International Foundation for Electoral Systems
global perspective, when are elections considered good enough? And what is needed to make a
determination whether to validate or annul an election?
The answer to these questions is not straightforward, and different jurisdictions have taken different
approaches. In some contexts, there may be a readily quantifiable number of votes affected by one or
more irregularities. In other cases, however, such as voter intimidation, cyberattacks, or electoral
disinformation (consider the recent activities of Cambridge Analytica in the U.S. and Kenyan elections),9
determining the impact of an irregularity on an election will be difficult or impossible. With that
difficulty in mind, it is critically important for jurisdictions to have clear and pre-determined rules
governing when annulment is available as a remedy, both to ensure that annulment is available if
needed, but also so that annulment is not misused to frustrate the will of the voters.
This paper outlines various legal approaches to election annulments, explores different grounds for
annulment, and outlines procedural considerations for courts and adjudicators when determining
whether to annul an election result, drawing on international principles and global jurisprudence. It does
not examine systemic issues, such as weak legal frameworks, or the distorting effect of private money in
politics, but focuses instead on irregularities in the process that can call the legitimacy of an election into
question.
While annulments can happen in single polling places or in particular districts, this paper focuses on
annulments of entire elections, especially at the national level, since they raise a distinct set of legal and
practical problems and have particularly strong implications for the legitimacy of elections and
democratic government more broadly.
II.
Annulments as a Remedy for Electoral Irregularities
Legal Approaches to Annulment
Almost all jurisdictions allow for the annulment of elections, but the grounds for annulment, and the
way challenges to results are handled, vary from place to place. In a minority of jurisdictions, especially
in Latin America, the law specifies the irregularities or other circumstances under which annulment may
be ordered.10 In Mexico, for example, if the vote margin between candidates is less than five percent,
elections can be annulled if it is proven, through corroborated and objective evidence, that a candidate’s
campaign overspent by five percent of the total amount authorized, illegally purchased media coverage,
0-%20Proofed2.pdf.
http://www.electionlawissues.org/Resources/~/media/Microsites/Files/election/Chapter%20Nine%20%20Proofed2.pdf.
9
See Eric Auchard and David Ingram, “Cambridge Analytica CEO claims influence on U.S. election, Facebook
questioned,” Reuters, March 20, 2018, https://www.reuters.com/article/us-facebook-cambridgeanalytica/cambridge-analytica-ceo-claims-influence-on-u-s-election-facebook-questioned-idUSKBN1GW1SG; and
Nation Reporter, “Cambridge Analytica says it worked for Uhuru Kenyatta,” Daily Nation, March 20, 2018,
https://www.nation.co.ke/news/politics/How-Cambridge-Analytica-influenced-Kenyan-poll/1064-4349034le7xbuz/index.html.
10
See ACE Electoral Knowledge Network, “Annulment and re-running of an election at district level,”
http://aceproject.org/electoral-advice/archive/questions/replies/606553070.
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