complaints of misconduct during voter registration are often handled
before the elections, and EDR bodies may process such cases in the same
way as they process general election-related complaints. As discussed
above, irregularities related to campaign finance are often dealt with
as administrative infractions and sanctioned accordingly. Therefore, in
order to better understand the dispute-resolutions systems related to
campaign finance, one has to combine the data provided in Part 3 and
Part 4 of the EJD.
What penalties are envisaged for election-related
criminal offences?
Clearly prescribed penalties or sanctions in the laws against electionrelated crime help to decrease the incidence of such criminal behaviour.
All types of penalties, be they fines, imprisonment or any other, should
be proportionate to the degree of misconduct and therefore severe
enough to fulfil their purpose of inhibiting prohibited actions during
elections (Orozco-Henríquez et al. 2010: 112–24). The research reveals
that in a majority of countries, legal documents prescribe penalties
that are proportionate to the degree of misconduct. For instance,
many countries apply different lengths of imprisonment based on the
severity of the action, and the same is true of the amount of the fine
imposed for criminal misconduct. For example, in Belgium, criminal
offences related to electoral fraud can be penalized by imprisonment
for periods of eight days to two years, or by a fine ranging from EUR
26 to EUR 1,000, depending on the nature of the fraud.
Figure 6.3 shows that in the great majority of countries, election-related
offences can be penalized by both fines and imprisonment. Details
about the terms of imprisonment and the size of fines can be found
in the online database. The option ‘Other’ includes various types of
criminal penalties. For electoral fraud, for example, Russia, Tajikistan,
Turkmenistan and Ukraine impose compulsory or correctional labour,
Latvia and Lithuania impose community service and Iran imposes up
to 50 lashes in addition to other penalties. Details about other types of
penalties can be found in the online database.
The research also reveals that in parallel with enforcing criminal
penalties, the legislation of some countries imposes administrative
sanctions for certain types of misconduct or irregularity. For obstructing
electoral processes, for example, the sanction is disqualification from
holding public office for a certain period of time in Andorra and Costa
Rica, suspension of electoral rights in Dominica and Luxemburg, and
suspension of the right to stand in elections in Bhutan, Malaysia and
Singapore. Even though this part of the database is meant to cover
criminal penalties, it was decided to provide data on administrative
sanctions too. It was thought that this approach would help make the
data more useful, and the findings suggest that some offences attract
both criminal and administrative penalties at the same time.
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