Election Obligations & Standards Database

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Election Part

Voter Registration

Effective voter registration, offered to the broadest pool of citizens possible, is an important means of ensuring that the right to vote is protected. Voter registration is one means of promoting inclusive voting processes, while at the same time safeguarding against voting by ineligible people. Voter registration can be conducted by a variety of means, and these processes vary from country to country. Regardless of the method used, voter registration should ensure inclusivity and should protect electoral rights and fulfill international obligations.

Relevant Obligations

Key

  • Macro-Level Obligation
  • Foundational Obligations
  • Individual Rights and Freedoms
  • Process-Focused Obligations

Issues

The Legal Framework and Voter Registration

  • Key Obligations:
  • State Must Take Necessary Steps to Give Effect to Rights
  • Rule of Law
  • Right and Opportunity to Vote

The principles of rule of law were promoted

  • States should take measures to promote the principles of the rule of law. [?]

The laws regulating elections were equally enforced and were not arbitrarily applied

  • All are equal before the law, and laws should be equally enforced. [?]
  • Laws and procedures must not be arbitrarily applied. [?]

The legal framework for elections was consistent with international human rights

  • Laws must be consistent with international human rights. [?]

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. [?]
  • Registration procedures should be clearly stated and readily accessible for review by potential voters. [?]
  • Voter registration procedures should be clearly stipulated in law. [?]

Voter Registration and the Fulfillment of Human Rights

  • Key Obligations:
  • Periodic Elections
  • State Must Take Necessary Steps to Give Effect to Rights
  • Universal Suffrage

The state took the steps necessary to give effect to rights during the voter registration process, including the creation of an effective procedure for voter registration

  • States must take the steps necessary to give effect to human rights. [?]
  • Voter registration forms and guidelines should be available in minority languages of the country. [?]
  • States must take steps to establish an effective procedure for voter registration. [?]
  • States should ensure the voter registration process is conducted in a manner that respects a variety of rights. [?]

There was adequate time for the voter registration process, including exhibition of preliminary lists and opportunities for challenges and corrections

  • The voter registration process should promote broad participation and not inhibit the participation of eligible voters. [?]
  • Potential voters should be offered continuous and accessible voter registration facilities. [?]
  • The voter register and its maintenance must be conducted within a realistic timeframe. [?]

Universal Suffrage, the Right to Vote, and Voter Education

  • Key Obligations:
  • Right and Opportunity to Vote

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. [?]

Citizenship

  • Key Obligations:
  • Freedom from Discrimination and Equality Before the Law

The rules regarding citizenship were clear and nondiscriminatory

  • States may regulate the law concerning nationality, citizenship, or naturalization, but may not discriminate against any particular nationality in doing so. [?]

Voter Eligibility and Barriers to Registration

  • Key Obligations:
  • Right and Opportunity to Participate in Public Affairs
  • Universal Suffrage
  • Right and Opportunity to Vote

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

  • Elections must be held by universal suffrage. [?]
  • 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 fulfillment of universal suffrage is partially dependent on the success of the voter registration process. [?]
  • The voter registration process should promote broad participation and not inhibit the participation of eligible voters. [?]
  • Procedures should not create unnecessary technical barriers to participation by otherwise qualified eligible voters. [?]
  • Potential voters should be offered continuous and accessible voter registration facilities. [?]
  • Potential voters should be offered sufficient time to register to vote. [?]
  • Provisions should be made for absentee registrants. [?]
  • Any restrictions on the right to register to vote are to be established in advance of the registration period. [?]
  • Universal suffrage requires that the broadest reasonable pool of voters is guaranteed participatory rights. [?]
  • Methods to facilitate voting may include postal voting. [?]
  • Methods to facilitate voting may include electronic voting. [?]
  • Methods to facilitate voting may include mobile voting. [?]
  • Methods to facilitate voting may include making special provision for members of the military to vote. [?]
  • The right to vote is not absolute and can be restricted based on objective and reasonable criteria. [?]

Voter registration promoted broad participation, and there were no barriers to participation by otherwise qualified eligible voters

  • The voter registration process should promote broad participation and not inhibit the participation of eligible voters. [?]
  • Procedures should not create unnecessary technical barriers to participation by otherwise qualified eligible voters. [?]
  • Potential voters should be offered sufficient time to register to vote. [?]
  • Provisions should be made for absentee registrants. [?]
  • There should be no fee for citizens to be registered as voters. [?]
  • Universal suffrage requires that the broadest reasonable pool of voters is guaranteed participatory rights. [?]

Voter registration promoted universal suffrage

  • Elections must be held by universal suffrage. [?]
  • The fulfillment of universal suffrage is partially dependent on the success of the voter registration process. [?]
  • The voter registration process should promote broad participation and not inhibit the participation of eligible voters. [?]
  • Universal suffrage requires that the broadest reasonable pool of voters is guaranteed participatory rights. [?]
  • States should pursue policies encouraging the participation of the youth in public affairs and decision-making processes affecting them. [?]

Freedom From Discrimination in the Voter Registration Process

  • Key Obligations:
  • Freedom from Discrimination and Equality Before the Law
  • Right and Opportunity to Vote

Eligibility requirements for voter registration were reasonable and objective and did not discriminate on the basis of prohibited grounds

  • Discrimination must not be practiced based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, disability, gender identity and expression, migrant, refugee, repatriate, stateless or internally displaced status, genetic trait, mental or physical health condition, including infectious contagious condition and debilitating psychological condition, or other status at any time. [?]
  • Discrimination means any distinction, exclusion, restriction, or preference on the basis of race, color, sex, language, religion, political or other opinion, or national or social origin, sexual orientation, gender identity, or disability. [?]
  • All are equal before the law, and laws should be equally enforced. [?]
  • Specific measures aimed at ensuring de facto equality for persons with disabilities should not be considered discriminatory. [?]
  • 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. [?]

Voter registration facilities were accessible to all

  • Everyone has the right of equal access to any place or service intended for public use. [?]

Special Measures

  • Key Obligations:
  • Freedom from Discrimination and Equality Before the Law
  • Equality Between Men and Women

Special measures were taken to ensure de facto equality for people with disabilities

  • Distinctions made on the basis of disabilities are to be considered discrimination. [?]
  • Specific measures aimed at ensuring de facto equality for persons with disabilities should not be considered discriminatory. [?]
  • Women and girls with disabilities are subject to multiple discrimination. [?]

Special measures were taken, as necessary, to promote equality for minorities

  • Special measures for advancing ethnic minorities or groups that have suffered past discrimination should be taken when circumstances warrant, but should not be maintained after the objectives for which they were taken are met, and should not result in the maintenance of unequal rights for different groups. [?]
  • Some measures taken to ensure equitable representation of minority groups should not be considered discriminatory. [?]

The state took steps to ensure de facto equality between men and women

  • Women should enjoy equality with men before the law. [?]
  • States should take special, temporary measures to achieve de facto equality for women. [?]
  • The voter registration system should be carefully tailored to ensure that cultural factors affecting women (name changes with marriage) do not result in disenfranchisement. [?]
  • Temporary special measures to achieve de facto equality for women can include financially assisting and training women candidates, amending electoral procedures, developing campaigns directed at equal participation, and targeting women for appointment to public positions, or the use of quotas. [?]

The Right to Vote, and Voting Operations

  • Key Obligations:
  • Right and Opportunity to Vote

The right to vote was guaranteed by law and was subject only to reasonable and objective restrictions

  • Residency requirements should not be excessive, or may be considered discriminatory. [?]

Equal Access to Public Places

  • Key Obligations:
  • Right and Opportunity to Vote

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. [?]

Voter Registration in Minority Languages

  • Key Obligations:
  • Freedom from Discrimination and Equality Before the Law
  • State Must Take Necessary Steps to Give Effect to Rights
  • Transparency and Access to Information

Linguistic minorities were able to use their own language

  • Where linguistic minorities exist, those that belong to such minorities should not be denied the right to use their own language. [?]
  • Voter registration forms and guidelines should be available in minority languages of the country. [?]

Accuracy of the List

  • Key Obligations:
  • Genuine Elections That Reflect the Free Expression of the Will of the People
  • State Must Take Necessary Steps to Give Effect to Rights
  • Equal Suffrage
  • Universal Suffrage
  • Right and Opportunity to Vote

The state took steps to facilitate registration

  • Voter registration is vital to establishing a government based on the expression of the will of the people. [?]
  • The fulfillment of universal suffrage is partially dependent on the success of the voter registration process. [?]
  • Provisions should be made for absentee registrants. [?]
  • A voter list may be reliably established through a variety of acceptable methods, including periodic list, continuous list, or civil registry. [?]

The voter list was accurate and up-to-date

  • Elections must be held by equal suffrage. [?]
  • An adequate voter education process is necessary to ensure the electorate is able to utilize their rights. [?]
  • To be complete a voter register must be accurate and current. [?]
  • Elections at periodic intervals require regular updating or reestablishment of the voter register. [?]

Voter registration processes prevented multiple registrations

  • The electoral system should endeavor to ensure equal suffrage by according each voter and vote equal weight. [?]
  • Safeguards should be in place to ensure that voters are unable to register more than once. [?]
  • Safeguards should be in place to ensure the accuracy of the vote, no matter the form of balloting or counting used (manual, mechanical, or electronic). [?]

Transparency in Creating and Maintaining the Voter List

  • Key Obligations:
  • Transparency and Access to Information

There was transparency in the creation and maintenance of the voter list

  • Electoral documents should be publicly accessible and should be accurate. [?]
  • Voter registration forms and guidelines should be available in minority languages of the country. [?]
  • Everyone has the right to receive information about his/her inclusion on the voter list. [?]
  • Transparency requires that electoral registers be public documents available for review. [?]

Correction of Voter Registration Data

  • Key Obligations:
  • Right to an Effective Remedy
  • State Must Take Necessary Steps to Give Effect to Rights

Citizens that offered proof of identity had the right to rectify information about them that was inaccurate

  • Everyone who offers proof of identity has the right to have rectifications made to information about them in the case of unlawful, unnecessary, or inaccurate entries. [?]
  • The voter register and its maintenance must be conducted with complete transparency. [?]
  • The state must assure that everyone has a right to reply for incorrect information published about him/her. [?]

Voter registration procedures allowed for claims (of unjustified exclusion) and objections (for incorrect inclusion)

  • Remedies for inadequate voter registration requires that disenfranchisement be corrected and ineligible people be prevented from voting. [?]

Voter Access to Registration Information

  • Key Obligations:
  • State Must Take Necessary Steps to Give Effect to Rights
  • Transparency and Access to Information

Citizens had access to information regarding their inclusion on the voter list, and this information was provided to them in an intelligible format

  • Everyone has the right to receive information about his/her inclusion on the voter list. [?]
  • Everyone who offers proof of identity has the right to know whether information concerning him/her is being processed, and to obtain it in an intelligible form. [?]

The state proactively put information regarding voter registration in the public domain

  • Everyone has the right to seek and receive information. [?]
  • States should proactively put in the public domain government information of public interest. [?]

The voter list was publicly displayed, and there was adequate time for public inspection of the list, including time for objections and the adjudication of disputes

  • Everyone has the right to seek and receive information. [?]
  • Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
  • Transparency requires that electoral registers be public documents available for review. [?]
  • Both claims and objections must be allowed. [?]
  • The voter list should be publicly displayed. [?]
  • There should be sufficient time for public inspection of the voter list, for objections to be raised, and for the adjudication of appeals. [?]
  • States should proactively put in the public domain government information of public interest. [?]

Voters had the ability to correct errors in the voter list

  • Everyone has the right to rectification of incorrect personal data. [?]
  • Potential voters should have access to a procedure that makes it possible to have errors on the voter list corrected. [?]

Privacy and Voter Registration

  • Key Obligations:
  • Freedom from Discrimination and Equality Before the Law
  • Transparency and Access to Information

Personal data collected was not used for other purposes

  • Personal data should be used only for the purposes for which it was collected. [?]
  • Personal data should only be collected for specified and legitimate purposes. [?]

The voter list did not include information beyond that necessary to identify a voter and establish his/her eligibility

  • Voter lists should not include information beyond what is required to identify a voter and establish a voter's eligibility. [?]

Personal data controllers complied with data minimization, accuracy, confidentiality, integrity, and storage limitation obligations

  • Collection of personal data should be minimized, relevant, and limited to purposes pursued. [?]

Protection of Personal Data

  • Key Obligations:
  • Transparency and Access to Information

Citizens that offered proof of identity had the right to rectify information about them that was inaccurate

  • Everyone has the right to rectification of incorrect personal data. [?]
  • Everyone who offers proof of identity has the right to have rectifications made to information about them in the case of unlawful, unnecessary, or inaccurate entries. [?]

Personal data controllers complied with data minimization, accuracy, confidentiality, integrity, and storage limitation obligations

  • Personal data controllers should ensure data accuracy and protect personal data from unauthorized disclosure, loss, modification, or other misuses. [?]
  • Personal data should not be stored longer than necessary for the purposes pursued. [?]

Everyone had the right to know whether information about themselves was processed and to obtain it in an accessible format

  • Everyone who offers proof of identity has the right to know whether information concerning him/her is being processed, and to obtain it in an intelligible form. [?]

Personal data controllers provided clear and accessible information about their data collection and processing policies and practices

  • Personal data controllers should provide clear and easily accessible information about their data collection and processing policies and practices. [?]

Freedom of Movement for the Purposes of Voter Registration

  • Key Obligations:
  • Freedom of Movement

Citizens displaced against their will had the opportunity to be considered resident in their former place of residence

  • People displaced against their will should have the opportunity to be considered resident in their former place of residence. [?]

Citizens were able to return to the country (as necessary) to register to vote

  • Everyone has the right to leave and return to his/her own country. [?]

Freedom of movement was respected throughout the voter registration process

  • Everyone has the right to freedom of movement within the borders of each state. [?]
  • Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights. [?]
  • Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]

Transparency and Access to Electoral Documents

  • Key Obligations:
  • Equality Between Men and Women

The state took steps to ensure de facto equality between men and women

  • Collection and publication of gender-disaggregated information around electoral processes contributes to raising awareness and advancement of women's rights. [?]

Transparency in Decision Making and Procurement in the Voter Registration Process

  • Key Obligations:
  • Prevention of Corruption

The electoral management body promoted transparency in its decision making and procurement processes, including with regard to voter registration processes

  • States should promote transparency in public decision making as a means of combating corruption. [?]
  • States should implement or maintain effective policies that encourage public participation in order to discourage corruption. [?]

Voter Education on Voter Registration

  • Key Obligations:
  • Universal Suffrage
  • Right and Opportunity to Vote

Voter education campaigns included information about the voting and registration process

  • Voters should be provided with information on the procedure by which they register to vote. [?]
  • Registration procedures should be clearly stated and readily accessible for review by potential voters. [?]

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. [?]

Partisan and Nonpartisan Observation of the Voter Registration Process

  • Key Obligations:
  • Right and Opportunity to Participate in Public Affairs
  • Transparency and Access to Information

Candidates and parties were able to monitor the elections and had access to the voter list without undue cost

  • Candidates' agents should be guaranteed access to monitor all aspects of the electoral process, including voter registration. [?]
  • Parties should have access to the voter roll without undue cost. [?]

Citizen observers were able to access and comment on all parts of the electoral process, including voter registration

  • Everyone has the right to participate in the public affairs of his/her country. [?]
  • Women have the right to participate in the public affairs of their country. [?]
  • The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
  • Candidates' agents should be guaranteed access to monitor all aspects of the electoral process, including voter registration. [?]
  • Observers should be permitted to follow all aspects and stages of an electoral process. [?]

International observers were accredited and were able to access and comment on all parts of the electoral process

  • Observers should be permitted to follow all aspects and stages of an electoral process. [?]

Voter Registration Activities by Civil Society

  • Key Obligations:
  • Freedom of Association

Civil society organizations were permitted to conduct voter registration free from unreasonable restrictions

  • Everyone has the right to association. [?]
  • Freedom of association may be restricted under certain circumstances as are prescribed by law and necessary in a democratic society. [?]
  • Everyone has the right to associate with non-governmental organizations. [?]
  • States should recognize accredited NGOs and facilitate their ability to conduct their activities. [?]
  • National law should not unjustifiably restrict the ability of any person to join an NGO. [?]
  • States should involve civil society organizations and facilitate their effective participation in public decision-making processes. [?]
  • States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity. [?]

Safety, Security, and Voter Registration

  • Key Obligations:
  • Right to Security of the Person

The state prohibited interference with registration, intimidation, or coercion of potential voters

  • Everyone has the right to security of the person without arbitrary arrest or detention. [?]
  • Law enforcement should behave in a neutral manner. [?]
  • Interference with registration, intimidation or coercion of potential voters is prohibited. [?]
  • States should ensure that violence, including online, does not undermine women's rights, including political participation and representation. [?]
  • Any security-related restrictions of freedoms and the use of force by public security providers must be based in law, necessary, and proportionate to the objective of maintaining public order. [?]

Right to an Effective Remedy and Voter Registration

  • Key Obligations:
  • Right to an Effective Remedy

An effective remedy was available for all citizens for violations of their rights during the voter registration process

  • Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
  • Remedy should be available for complaints arising throughout the electoral process. [?]
  • Remedy procedures should be clearly stated in law and pursuit of these procedures should be allowed within a reasonable limit of time. [?]
  • Both claims and objections must be allowed. [?]

There was a clear timeline for complaints regarding voter registration that ensured that complaints were resolved prior to election day and in time for the election

  • Effective redress requires disputes to be dealt with in a timely manner. [?]
  • Decisions on requests for a remedy should be made with a time period set by law. [?]
  • Complaints relating to the voters register should be resolved prior to election day. [?]
  • The timeline for filing complaints arising from the voter registration period may be limited directly before the election to allow for the finalization of voter registers. [?]
  • Remedy procedures should be clearly stated in law and pursuit of these procedures should be allowed within a reasonable limit of time. [?]