Obligation
Right and Opportunity to Vote
International and regional treaties protect the right to vote 1.
Unlike most other rights in the ICCPR and other documents, the right to vote is often restricted to citizens, though resident noncitizens may also be entitled to vote. This right may be limited based only on objective and reasonable criteria. Unreasonable restrictions include, but are not limited to, those based on:
- Excessive residency requirements;[2]
- Naturalized citizenship;[3]
- Criminal conviction (disproportionate to the severity of the crime or blanket disenfranchisement provisions);[4]
- Status as a remanded prisoner yet to be convicted of an offense;[5]
- Surpassing the legal age of majority;[6]
- Race;[7]
- Sex;[8]
- Religion;][9]
- Physical disability;[10]
- Mental, intellectual, or psychosocial disability (that is disproportionate or has no reasonable or objective relationship to the person’s ability to vote);[11]
- Political or other opinion;[12]
- National or social origin;[13]
- Sexual orientation or gender identity;[14]
- Language;[15]
- Birth or other status;[16]
- Literacy;[17]
- Education;[18]
- Property ownership;[19]
- Party membership;[20]
- Status as an internally displaced person;[21]
- Economic circumstances.[22]
Interpretive sources indicate that even reasonable restrictions may have a disproportionate or indirect impact on the enjoyment of rights by women.[23] In addition, they suggest that states should ensure that reasonable restrictions do not disproportionately impact minority groups.[24] The right to vote cannot be restricted on the basis of individualized decisions taken by a judge. [25]
Relevant Election Parts
Issues
- Accuracy of the List
- Voter Education on Voter Registration
- Voter Eligibility and Barriers to Registration
- Universal Suffrage, the Right to Vote, and Voter Education
- The Right to Vote, and Voting Operations
- The Legal Framework and Voter Registration
- The Content of Voter Education Campaigns
- Facilitation of Voting
- Ballot Design and Voter Choice
- Assisted Voting
- Voting Technologies
- Freedom From Discrimination in the Legal Framework
Accuracy of the List
- Relevant Election Parts:
- Voter Registration
The state took steps to facilitate registration
- A voter list may be reliably established through a variety of acceptable methods, including periodic list, continuous list, or civil registry. [?]
Voter Education on Voter Registration
- Relevant Election Parts:
- Voter Registration
Voter education campaigns included information regarding voter registration processes
- Voter education campaigns are necessary to ensure an informed community is able to effectively exercise the right to vote. [?]
Voter Eligibility and Barriers to Registration
- Relevant Election Parts:
- Voter Registration
Voters displaced in advance of election day had the possibility of returning on election day to cast their ballots or were included in voter lists at a place of stay.
- People displaced against their will should have the opportunity to be considered resident in their former place of residence. [?]
Limitations on universal suffrage imposed during the voter registration process were reasonable and objective
- Limits on the right to vote may be based on a minimum age. [?]
- Limits on the right to vote may be based on residency. [?]
- Limits on the right to vote may be based on citizenship. [?]
- Limits on the right to vote may be based on criminal conviction. [?]
- Limits on the right to vote may be based on a requirement for identification. [?]
- Limits on the right to vote may be based on military service. [?]
- The right to vote is not absolute and can be restricted based on objective and reasonable criteria. [?]
Universal Suffrage, the Right to Vote, and Voter Education
- Relevant Election Parts:
- Legal Framework
- Voter Education
- Voter Registration
The right to vote was guaranteed by law and was subject only to reasonable and objective restrictions
- The right to vote should not be restricted based on any perceived or actual disability and mental health status, including pursuant to an individualized assessment. [?]
All eligible voters were informed of their electoral rights before, during, and after election day
- Limits placed on the right to vote must be based on objective and reasonable criteria. [?]
- Criteria restricting the right to vote must be clearly stated in law. [?]
- Voter education campaigns are necessary to ensure an informed community is able to effectively exercise the right to vote. [?]
The obligations of universal suffrage and the right to vote were advanced through voter education
- Every citizen has the right to vote. [?]
- Limits placed on the right to vote must be based on objective and reasonable criteria. [?]
Voter education campaigns were responsive to the needs of the electorate
- Voter education campaigns should be designed with the aim of reaching all eligible voters. [?]
The legal framework for elections was consistent with international human rights
- The right to vote should not be restricted based on any perceived or actual disability and mental health status, including pursuant to an individualized assessment. [?]
The Right to Vote, and Voting Operations
- Relevant Election Parts:
- Voter Registration
- Voting Operations
Any restrictions on the right to vote were established in advance of election day
- Any restrictions on the right to vote are to be established in advance of election day. [?]
- Loss of the right to vote may only be imposed following adjudication by a court. [?]
Poll workers were adequately trained in the determination of eligible voters
- Polling personnel should receive clear guidance with respect to identifying and admitting eligible voters. [?]
The right to vote was guaranteed by law and was subject only to reasonable and objective restrictions
- Every citizen has the right to vote. [?]
- The right to vote in local elections may be extended to foreign residents. [?]
- Limits placed on the right to vote must be based on objective and reasonable criteria. [?]
- Criteria restricting the right to vote must be clearly stated in law. [?]
- Limits on the right to vote may be based on a minimum age. [?]
- The age of majority is eighteen or younger. [?]
- Limits on the right to vote may be based on residency. [?]
- Residency requirements should not be excessive, or may be considered discriminatory. [?]
- Limits on the right to vote may be based on citizenship. [?]
- Limits on the right to vote may be based on criminal conviction. [?]
- Limits on the right to vote may be based on a requirement for identification. [?]
- Limitations on the voting rights of convicted criminals should be proportionate to the offense and the sentence. [?]
- The right to vote is not absolute and can be restricted based on objective and reasonable criteria. [?]
The Legal Framework and Voter Registration
- Relevant Election Parts:
- Voter Registration
Voter registration procedures were clearly stipulated by law
- Any restrictions on the right to register to vote are to be established in advance of the registration period. [?]
The Content of Voter Education Campaigns
- Relevant Election Parts:
- Voter Education
Voter education campaigns included information about the voting and registration process
- Voter education campaigns should be designed to provide sufficient information with respect to registration and the voting process. [?]
- Voters should be provided with information on the procedure by which they register to vote. [?]
Voter education campaigns included information on restrictions that may be applied to participatory rights
- Any restrictions on the right to vote are to be established in advance of election day. [?]
- Loss of the right to vote may only be imposed following adjudication by a court. [?]
Voter education efforts included information about all electoral rights, including equal suffrage, the right to vote and be elected, the right to an effective remedy, and the secret ballot
- Voter education campaigns should be designed to provide sufficient information with respect to registration and the voting process. [?]
Facilitation of Voting
- Relevant Election Parts:
- Voting Operations
Polls opened on time and did not close early. People in line to vote at poll closing were able to cast their ballot
- Late opening or early closing of polls undermines the right to vote. [?]
- All persons waiting in line at the close of polls should be permitted to vote. [?]
Sufficient resources, human and material, were available at each polling station
- Sufficient voting materials should be available at each polling site. [?]
Voting operations facilitated broad participation
- Every citizen has the right to vote. [?]
- Limits placed on the right to vote must be based on objective and reasonable criteria. [?]
- Limits on the right to vote may be based on a minimum age. [?]
- Limits on the right to vote may be based on residency. [?]
- Limits on the right to vote may be based on citizenship. [?]
- Limits on the right to vote may be based on criminal conviction. [?]
- Limits on the right to vote may be based on a requirement for identification. [?]
- Limitations on the voting rights of convicted criminals should be proportionate to the offense and the sentence. [?]
- Provisions on the rights of active duty military personnel to vote should be carefully written to avoid abuse and potential disenfranchisement of voters. [?]
- E-voting systems should facilitate voting by persons with disabilities. [?]
- Electoral processes involving technologies should meet the same requirements of universality, equality, integrity, transparency, and accountability as traditional voting. [?]
Ballot Design and Voter Choice
- Relevant Election Parts:
- Voting Operations
Ballots were understandable and user-friendly
- Ballots, including electronic ballots, should be understandable. [?]
- Ballots should be available in the principal languages in multilingual societies. [?]
- Ballots should be identical in all languages. [?]
- Ballots should account for levels of literacy. [?]
- Voters should be able to cast a blank ballot, including when voting on electronic technologies. [?]
Voters were able to verify their choice on their ballot and could alter their choice before casting their ballot
- Voting systems should offer an authentic ballot to voters and ensure that their votes are accurately represented. [?]
- Voters should be able to alter their choice before casting their ballot. [?]
- Electoral processes involving technologies should meet the same requirements of universality, equality, integrity, transparency, and accountability as traditional voting. [?]
Assisted Voting
- Relevant Election Parts:
- Voting Operations
Impartial assistance for voters unable to vote independently was provided
- Voting procedures, facilities, and materials should be appropriate, accessible, and easy to use for persons with disabilities. [?]
- Assistance provided to those unable to vote independently must be impartial. [?]
- Electors who are unable to vote independently should be made aware of the guarantee of impartial assistance. [?]
- Voters with special needs, including persons with disabilities and the elderly, can be assisted in voting by a trusted person of choice. [?]
Voters were made aware of their right to impartial assistance if needed
- Electors who are unable to vote independently should be made aware of the guarantee of impartial assistance. [?]
Voting Technologies
- Relevant Election Parts:
- Voting Operations
Electronic voting technologies operated correctly, and their functioning was ensured by the state through an independent body
- Voting technologies should work correctly. [?]
- Voters should be able to tell when their vote has been cast. [?]
- Electoral processes involving technologies should meet the same requirements of universality, equality, integrity, transparency, and accountability as traditional voting. [?]
Voting technologies were usable by voters and secure from interference
Freedom From Discrimination in the Legal Framework
- Relevant Election Parts:
- Voting Operations
Special measures were taken to ensure de facto equality for people with disabilities
- Measures to support participation should take into account the different needs of persons with various forms of disability. [?]
Equal Access to Public Places
- Relevant Election Parts:
- Voter Registration
- Voting Operations
The legal framework provided equal access to any place or service intended for use by the public
- States are obliged to ensure that all new infrastructure, materials, communication and services intended for public use are accessible for all and comply with universal design requirements. [?]
Polling Places Accessible to Voters with Disabilities
- Relevant Election Parts:
- Voting Operations
Voting operations facilitated broad participation
- Reasonable accommodations should be made to all existing infrastructure, materials, communication and services to enable the participation of persons with disabilities on an equal basis with others. [?]
Freedom From Discrimination in the Voter Registration Process
- Relevant Election Parts:
- Voter Registration
Eligibility requirements for voter registration were reasonable and objective and did not discriminate on the basis of prohibited grounds
- The right to vote should not be restricted based on any perceived or actual disability and mental health status, including pursuant to an individualized assessment. [?]