the law can create confusion for those who are affected by the sanctions
of oversight institutions.
In regards to the legal provisions covering elections-related criminal
offences, the findings suggest that in the great majority of countries
(72 per cent) electoral crimes and offences are addressed in the
electoral law, and only in 21 per cent of countries are they covered in
the criminal (or penal) code. This indicates that most countries agree
that the treatment of electoral crime or offences should not be outside
the realm of the evolving dynamics of elections. In other words,
developments and reforms in the elections field should make it easier
to make changes to the treatment of electoral crimes or offences.
With regard to the types of election-related misconduct that are
regarded as criminal offences, the findings suggest that the legislation
of the vast majority of countries contains provisions that penalize the
main categories of crimes, such as the obstruction of electoral processes,
electoral fraud, incentive-driven voter coercion and threat-driven voter
coercion. When it comes to the imposition of penalties, the findings
reveal that on average more than 80 per cent of countries apply both
fines and imprisonment to all the above-mentioned types of criminal
offences.
The research also found that certain types of misconduct during voter
registration and unlawful conduct in respect of campaign finances are
treated as criminal acts, but in relatively fewer countries—in 53 per cent
and 43 per cent of countries, respectively. This is understandable given
the fact that these types of irregularities are also treated as administrative
infractions in many countries and dealt with accordingly.
Overall, the findings of International IDEA’s global research on EDR
systems bring new insights to how electoral justice is provided across
the globe. The mission of the research team engaged in this study
will have been accomplished if these findings raise new questions
and debate about the legal provisions on electoral justice, advance
theoretical understanding of the impact of EDR systems on the quality
of elections or other important outcomes and serve as a useful source
of reference for practitioners working with elections on a day-to-day
basis as well as reformers of electoral legislation.
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