than once which is classified as electoral fraud. This level of detail can
be obtained from the ‘Sources’ section of the online database, which
provides quotes from the legislation and lists all the types of offences as
they appear in the laws.
Figure 6.2. Which types of election-related misconduct are regarded as
criminal offences?
Obstructing the electoral process
Electoral fraud
Incentive driven voter coercion
3%
2%
7%
97%
98%
Threat driven voter coercion
93%
Offences related to voter registration Unlawful conduct of campaign financing
17%
47%
53%
57%
83%
Offence is covered in the law
Offence is not covered in the law
Notes: Data for 169 countries. Graph represents the data in EJD as of August 2015.
Figure 6.2 shows that the first four types of criminal offence appear in
the legislation of the vast majority of countries. However, among those
four types of offence, incentive- and threat-driven voter coercion do
not appear in the legislation of 7 per cent and 17 per cent of countries,
respectively. This indicates that the legislation of these countries should
be reviewed in the light of the requirements of international obligations
and standards governing elections. For instance, International IDEA
(Tuccinardi et al. 2014) quotes the United Nations Human Rights
Committee’s General Comments: ‘CCPR, GC 25, p. 11. States must
take effective measures to ensure that all persons entitled to vote are
able to exercise that right. . . . Any abusive interference with registration
or voting as well as intimidation or coercion of voters should be
prohibited by penal laws and those laws should be strictly enforced’.
Misconduct and irregularities related to voter registration and
campaign finance are not classified as criminal offences in almost
half the countries included in the research. It could be argued that
49
43%