Election Offenses
The Electoral Act criminalizes many
actions during the electoral process
and imposes heavy sanctions.
However, because prosecutions
for these offenses are subject to
criminal procedure under the Criminal
Procedure and Evidence Act, many
offenses are never brought to trial
either due to insufficient evidence for
conviction or because a prosecution
is dropped after the electoral process
is completed. This results in a climate
of impunity and could be mitigated
by the classification of administrative
offenses that are easier to prosecute
and sanction in a timely manner.23
Politically motivated violence and
intimidation is a special category
of offense under the Electoral Act
that is subject to special expedited
procedures, including through the
appointment of special police liaison
officers and designated magistrates.
While observers in 2018 noted that
referrals under this procedure were
generally effective,24 it is important
to preserve due process protections25
and ensure special procedures are not
misused to suppress the opposition.26
Additional IFES Resources
1. Guidelines for Understanding,
Adjudicating, and Resolving Disputes
in Elections (GUARDE)
2. Elections on Trial: The Effective
Management of Election Disputes
and Violations
3. When Are Elections Good Enough?
Validating or Annulling Election
Results
23 See, for example, Simeon Nichter, “Vote
Buying in Brazil: From Impunity to Prosecution,”
(2011) https://projects.iq.harvard.edu/files/ruling_
politics/files/nichter_-_vote_buying_in_brazil_-_
from_impunity_to_prosecution.pdf
24 Ibid, page 42.
25 OHCHR, Human Rights in the Administration
of Justice: A Manual on Human Rights for Judges,
Prosecutors and Lawyers,” (2003) Chapter 6, 218,
http://www.ohchr.org/Documents/Publications/
training9chapter6en.pdf
26 For example, international observers in 2018
noted: “it would appear there was a serious
clampdown on people from the opposition
political parties.” European Union Election
Observation Mission (EU EOM) Final Report,
https://eeas.europa.eu/sites/eeas/files/eu_eom_
zimbabwe_2018_-_final_report.pdf, page 46
About IFES
The International Foundation for
Electoral Systems (IFES) supports
citizens’ right to participate in free
and fair elections. Our independent
expertise strengthens electoral
systems and builds local capacity to
deliver sustainable solutions.
As the global leader in democracy
promotion, we advance good
governance and democratic rights by:
• Providing technical assistance to
election officials
• Empowering the
underrepresented to participate in
the political process
• Applying field-based research to
improve the electoral cycle
Since 1987, IFES has worked in over
145 countries – from developing
democracies, to mature democracies.
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