Electoral Law Research Articles

Right to Vote and Electoral Judiciary in Brazil

Abstract This paper aims to demonstrate how the constitutional guarantees of the right to vote and the constitutional design of the Electoral Judiciary have protected electoral integrity in Brazil during the Bolsonaro administration. The 1988 Constitution entrenched voting rights, expanded suffrage, and adopted compulsory voting, creating inclusive voting practices that facilitate voter turnout. The constitutional system also provided for an independent Electoral Judiciary that operates on all levels of electoral governance, including rulemaking. As the sole electoral management body in the country, the Electoral Judiciary generated a process of positive feedback that reinforced its authority. This process has also been guaranteed by the institutional linkage of the Superior Electoral Court with the Federal Supreme Court, where the latter acts as a self-referencing veto point, upholding the decisions of the Electoral Judiciary. Keywords: voting rights, electoral management, electoral justice, Brazilian election law.

The unqualified voter: racial animus in support for voter qualifications

ABSTRACT Voter qualification proponents argue such policies cultivate a more qualified electorate by prohibiting those who lack political knowledge or have questionable moral character from casting a ballot. However, opponents argue these reforms reflect thinly veiled attempts to disenfranchise voters of color, suggesting racial animus undergirds support for restrictive voter qualifications. Adding to the literature on voter access and election laws, this study examines the extent to which racial animus influences support for knowledge tests and felon disenfranchisement among white Americans. Using a battery of questions tapping racial animus among a nationally representative sample of over 5,000 white Americans in 2022, results confirm racial animus influences support for voter qualifications.

Paradox of Criminal Provisions Formulation Regarding Reporting of Political Party Campaign Funds in the 2024 General Election

Political parties as a form of organization whose scope is the political field make it a primary position in modern democracy which is required to be in line with democratic norms and election principles. The characteristics of political parties as legal subjects (subjectum juris) of corporations/public legal entities that can also act in the private sphere that are attached to legal consequences for all actions or deeds, and legal relationships, both in the administrative, civil, and criminal spheres. One of the actions or legal acts of political parties in the Election is the legal obligation to report campaign funds honestly, accountably, and transparently in accordance with the principles of organizing elections as a legal act that has the potential to have administrative and criminal consequences. In several formulations of criminal provisions of the Election Law which are specifically formulated for political parties as legal subjects (subjectum juris) of corporations, although the construction of the articles does not explicitly mention political parties, but refers to the phrase Election Participants which consists of 5 Articles, namely Article 496, Article 525 Paragraph (2), Article 526 Paragraph (2), Article 527, and Article 528 Paragraph (1) of the a quo Law. One of the actions or legal acts of political parties that has the potential to be subject to criminal penalties is the provision of Article 496 of the a quo Law related to election participants who intentionally provide false information in the Election campaign fund report, which constructively-holistically reaps problems in the actions or legal actions of political parties as election participants as well as the problem of deadlocked norms in related articles in the a quo Law.

Analysis of the Effeectiveness of the Integrated Law Enforcement Center (Gakkumdu) in Criminal Enforcement of the 2024 Election in Central Java based on the Principle of Legal Certainty

This study aims to analyze and examine the effectiveness of the Integrated Law Enforcement Center (Gakkumdu) in criminal enforcement of the 2024 Election in Central Java. This type of research is empirical or non-doctrinal law, the nature of analytical descriptive research. Using a qualitative approach with primary data from interviews and observations. Secondary data from books, scientific journal articles and legislative review. The results of the study show that the Central Java Gakkumdu Center has carried out its functions and authorities as a center for criminal law enforcement activities in accordance with the Election Law and Perbawaslu, but it has not been effective and legally certain. Because in handling election crime cases in 35 districts/cities as many as 110 cases, only 5 cases have permanent legal force, 2 cases stopped at the Police investigation, and 103 cases stopped at the discussion of the Gakkumdu Center. The causal factors are not in accordance with the theory of the legal system of law: (1) Legal substance: (a) the time to handle the case of election crimes is short (Speedy trial), (b) the legal subject of the perpetrator of the election crime is not fulfilled, (c) lack of evidence in the investigation of election crimes, and (d) difficulties in finding witnesses in the investigation of election crimes. (2) Legal structure: (a) many institutions in the Gakkumdu Center make coordination difficult, (b) different perceptions between institutions in the Gakkumdu Center make it difficult to determine election crimes, (c) the Gakkumdu Center is a non-institutional coordination forum in election crime enforcement, (d) the election crime enforcement coordinator Bawaslu only forwards reports and not as an election crime investigator. (3) Legal culture: (a) lack of understanding of election crime violations, (b) lack of public awareness of reporting election crimes to the gakkumdu center, (c) lack of public willingness to witness election crime cases, and (d) weak legal awareness of election participants to comply with the election law. The solutions to overcome the ineffectiveness of the Gakkumdu Center in election crime enforcement in the future: (a) the need for a single institution in election crime enforcement, and (b) the strengthening of Bawaslu's authority in election crime enforcement

Неуказание сведений о судимости как основание для отказа в регистрации кандидата

The issue of criminal records in electoral law has long been one of the most discussed in society. However, it is important to remember that each case has its own characteristics and requires careful consideration. A pressing issue is the candidate’s obligation to indicate information about his criminal record in the application for consent to run. The article presents an analysis of judicial practice on refusal to register a candidate in case of non-compliance with the provisions of substantive law, which is enshrined in the current electoral legislation. The author comes to the conclusion that substantive law and the material legal relations regulated by it have a significant impact on the content of procedural law.

Рискогенные факторы избирательного процесса в современной России

Relevance of the research topic is based on the change of the focus of development of electoral law and procedure towards creation of reliable guarantees of security of electoral rights of citizens in the conditions of the special military operation, informational and ideological war and sanctions pressure of the West on the Russian Federation. The article reviews risk-posing factors of the electoral procedure, suggests ways to minimize them, to create a legal mechanism to regulate them and to manage such risks with the help of cutting-edge scientific research results. Realities of the elections of the President of the Russian Federation in March 2024 gave birth to new legal regimes for holding thereof: regime of high alert to a situation of emergency and even the state of martial law. However, the applicable laws fail to transform in due time to keep pace with the rapidly changing circumstances, so legal gaps are filled in by election commissions. Arising problems in the border territories were solved quickly thanks in large part to the Central Election Commission of the Russian Federation, election commissions of the constituent entities of the Russian Federation, supreme officials of the constituent entities of the Russian Federation.

Digitalization of the Electoral Process in Russia: Legal Aspects

Introduction. Digitalization is a distinctive feature of development of the modern society, which implies intensive implementation of the new technologies into the different spheres of life, including the electoral process. In Russia, the development of measures efficiently ensuring the suffrage of the citizens, the improvement of the legal regulation of the electoral process are being carried out for more than thirty years. However, the dynamics of automation and digitalization of the electoral procedures often outrides their theoretical justification and legal comprehension. The works of Russian and foreign authors study the problems of the electoral process digitalization, the electronic forms of manifesting the civic activity and political engagement. A number of researchers consider the ongoing changes to be inevitable and call for a revision of the electoral process basic fundamentals, others propose to limit this process indicating on the impossibility to ensure the absolute information security. The paper aims at analysing the main stages of automation and digitalization of the electoral process in Russia, identify the problems associated with implementation of the new technologies and develop recommendations for the efficient transformation of the electoral system in the context of digitalization.Materials and Methods. To ensure the relevance and reliability of the obtained results, the general and specific scientific methods of cognition were used in the research: the dialectical method, the method of juridical comparativistics, as well as the content analysis of the regulatory legal acts and historical, systemic, logical and other methods. Various methods of interpreting the legal norms were used to identify the regularities in their application. The content analysis of the regulatory legal acts and the logical method made it possible to identify the electoral process digital transformation features. The method of modeling enabled formulation of the proposals on improving the legislation.Results. The main stages of automation and digitalization of the electoral process have been studied. Their features and problems have been identified. The need for transformation of the legal regulation, capable of efficient ensuring the suffrage of the citizens in the new conditions, has been substantiated.Discussion and Conclusion. Based on the results of the research, the recommendations have been developed for efficient legal regulation of the main stages of the electoral process in the context of digitalization. The theoretical conclusions formulated by the authors are proposed to be used for further research and improvement of the current electoral law of the Russian Federation.

Commissioned Book Review: David Schultz and Jurij Toplak (eds), Routledge Handbook of Election Law

Commissioned Book Review: David Schultz and Jurij Toplak (eds), <i>Routledge Handbook of Election Law</i>

The Theory of Fairness with Integrity in Indonesia’s Electoral Justice System

This paper describes the concept of a fairness theory of justice with integrity applied in elections in Indonesia, drawing on the transformation of John Rawls' fairness theory. This theory is employed to examine various components of the electoral legal framework, focusing on the technical implementation of elections and the resolution of electoral disputes to achieve electoral justice in Indonesia. The research utilizes normative legal methodology, characterized by dogmatic legal analysis and theoretical-rational reasoning, employing a logical-deductive approach. It constructs the facts of electoral justice through an extensive review of legal literature and relevant data sources concerning the electoral process in Indonesia. The study addresses electoral practices as instruments of popular sovereignty, highlighting dissatisfaction among stakeholders regarding the election process. The theoretical variables associated with fairness with integrity are critically analyzed for their applicability in fostering electoral justice in Indonesia, emphasizing that a fundamental aim of electoral law enforcement is to ensure the realization of electoral justice.

Batu city bawaslu strategy in preventing political money in the 2024 election

The aim of this research is to broaden understanding in political education and expand knowledge in Pancasila and citizenship education. Because Indonesia is a country that adheres to a democratic system which is carried out through elections and regional elections, the main aim of the research is how to find out problems in elections, namely money politics which is used as a tool in winning contestations. And what is the role and response of the community to money politics, as well as to find out regulatory weaknesses that cause weak election law enforcement. The method used in this research uses descriptive qualitative and legal and regulatory instruments to strengthen credible data, and obtains data through interviews with Batu City Bawaslu commissioners. The results prove that society is very indifferent to electoral developments and problems, as well as the weakness of applicable laws and regulations. Bawaslu increases participatory supervision to maintain the quality of democracy

ANTI-CORRUPTION RESPONSIBILITIES OF CANDIDATES ACCORDING TO THE LEGISLATION OF KAZAKHSTAN (based on materials of the election campaign for the elections of the Mazhilis of Kazakhstan 2023)

The article notes that the institution of elections is one of the important elements of state security in any state. In this regard, it is common practice to enshrine in national electoral legislation provisions aimed at ensuring law and order in various spheres of life. Anti-corruption norms occupy a special place in electoral legislation. The article notes that the institution of elections is one of the important elements of state security in any state. In this regard, it is common practice to enshrine in national electoral legislation provisions aimed at ensuring law and order in various spheres of life. Anti-corruption norms occupy a special place in electoral legislation. According to the author, the enshrinement of anti-corruption responsibilities in the electoral legislation is connected to a greater extent not with electoral law, but with the legislation defining the legal status of deputies and elected officials. The author examines the features of establishing anti-corruption responsibilities in the legislation of the Republic of Kazakhstan, as well as electoral practice. In most cases, the judicial authorities decided to uphold the decision of the relevant election commission to cancel the registration of a candidate. Moreover, in a number of cases, candidates managed to overturn the decision of the election commission to refuse registration. An analysis of electoral practice led to the conclusion that in most cases, many offenses in the area under consideration were the result of candidates’ legal illiteracy, their inattention, and the amount of unreliable information was most often insignificant. In this regard, it is concluded that the legislation should allow election commissions and judicial bodies to more widely use their own discretion when resolving such cases.

The General Elections in Bosnia and Herzegovina in 2022 – the Legal and Political Aspects

The article analyzes the results of the general elections in Bosnia and Herzegovina, which took place in October 2022, as well as their consequences for the political situation in this country. Key aspects of electoral law were also discussed, with particular emphasis on provisions limiting human and civil rights on the basis of ethnicity, which is the result of the solutions adopted in the Dayton Peace Agreement in 1995.

선거공영제 관련 규정의 형성과 전개 - 선거운동 방법에 관한 일본과 한국에서의 논의를 중심으로

Article 116 (2), and, in a broader sense, including Article 116 (1) of the Constitution, stipulate the Election Campaign Management and Funding System. This system aims to ensure equal opportunities for election campaigns among candidates, reduce the influence of money in the electoral process, and prevent corruption in elections. The Election Campaign Management and Funding System can be categorized into two types: one where certain election campaign methods are supported or subsidized by the state, and another where only the election campaign methods explicitly permitted by the state are allowed, while all other private methods are prohibited. However, within an Election Campaign Regulation system that comprehensively regulates campaign methods, the former type of public election system often operates similarly to the latter. This is because candidates, unable to freely choose their campaign methods, are de facto limited to using only those methods supported or subsidized under the Election Campaign Management and Funding System. Both the Japanese and Korean systems exemplify this phenomenon. In Japan, the 1934 revision of the House of Representatives Election Law established a structure of ‘extensive regulation and limited permission’ regarding election campaigns. Consequently, election campaigns in Japan became largely confined to methods permitted and subsidized by the state. Similarly, the 1958 Act on the Election of Members of the House of Commons in Korea established a framework of ‘comprehensive regulation and exceptional permission,’ akin to Japan's system. The framework created by the 1994 Act on the Election of Public Officials and the Prevention of Election Malpractices, enacted after the 1987 Constitution, is also similar. It is challenging to assert that the structure has fundamentally changed under the current Public Official Election Act in Korea. As a result, election campaigns by candidates de facto continue to be largely confined to the methods allowed under the Election Campaign Management and Funding System. Given the importance of the freedom to conduct election campaigns, it is necessary to eliminate the comprehensive regulation of campaign methods in the current Public Official Election Act. Such a change would better enable the Election Campaign Management and Funding System to achieve its objective of supporting and subsidizing election campaigns.

Gender Quota of Women Election Supervisors in The Implementation of Indonesian Election Law

Gender Quota of Women Election Supervisors in The Implementation of Indonesian Election Law

Zmiany w systemach wyborczych państw Europy Środkowej i Wschodniej

Attention should be paid to the constant changes in electoral law in the discussed group of countries. They included the following elements of electoral law: replacement of the hybrid (mixed) system with a proportional system (Bulgaria in 1991), changes in the vote recount formula (Romania in 1992, Czech Republic in 2000), changes in the structure of electoral districts (Hungary in 2011, Bulgaria in 2001, Czech Republic in 2000 and 2002, Slovakia in 1998). Barrier clauses for individual groups and, especially for electoral coalitions, were frequently changed. A special case was the amendment of the electoral law in the Czech Republic in 2000 and in the Slovak Republic in 1998, which ended with rulings of the Constitutional Court (in 1999 in Slovakia and 2001 in the Czech Republic, respectively). Changes in electoral law – almost always – took place in the course of a fight between the parties. In the Czech case in 2000, the Slovak case in 1998 and the Hungarian case in 2011, they were carried out to hinder the alternation of power in the country.

Present Scenario of Post-poll Alliance in India

India is one of the greatest democracies in the World, however, the 2021 Economic Intelligence Unit ranked India at 46th position on Democracy Index with a score of 6.91. Such low ranking of in Democracy Index shows the mirror to changing opportunistic political culture prevailing in India. Free and fair election is the basis of any democracy where the government is formed as per the mandate of the voters. However, recent years in Indian polity has seen the increase in the trend of post poll alliance which provides the opportunity to form government by bypassing the public mandate. This left voters in a state of confusion where they are left uncertain of their role in democracy. The increasing trend of post poll alliances is a severe challenge to democracy which cannot be dealt with existing election laws. The present scenario of Indian politics demands the formulation of new laws to put a stop to this unethical practice of opportunistic politics

Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile, for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.

The Costs of Voting and Voter Confidence

We revisit the effect of ballot access laws on voter confidence in the outcome of elections. Previous research found weak or no relationship between voter confidence and election laws regulating ballot access. We argue this non-finding is conditioned by partisanship. Democrats and Republicans view election laws through a partisan lens, which is especially triggered when coalitions lose. Republican voters see ballot restrictions as a means of securing the vote against fraud; Democratic voters see ballot restrictions as voter suppression. We maintain that the conditional partisan effect that election laws have on voter confidence is triggered or attenuated when partisans’ candidates lose elections. We find that in states where ballot access is costly, voter confidence among partisans and supporters of the losing Presidential candidate is significantly higher for Republicans and significantly lower for Democrats than their counterparts in states with less costly ballot access laws. These effects are greater for Republican than Democrats. We discuss the implications of our findings on election ecosystems and voter confidence.

On the Road to Electoral Democracy? Erosion of the Free and Fair Elections Standard in the Era of the Polish Constitutional Crisis after 2015

This article attempts to diagnose the state of democracy in Poland, remaining in the era of constitutional crisis and following the erosion of the free and fair elections standard, which determines the criteria for distinguishing an electoral democracy from a liberal democracy. For this purpose, the individual elements constituting this concept are analyzed, both having a procedural dimension and referring to the course of the three phases of the electoral process itself (the period before election day, on election day and after election day), as well as referring to the standards of honesty, reliability, the real possibility of alternative power or equal opportunities. The conclusions drawn at individual stages of the deliberations, including an indication of the destabilisation of electoral law, the erosion of guarantees regarding the reliability of elections, disproportion in the access of political party representatives to public media, lead to a thesis on the formation of electoral democracy in Poland, which can be described as a democratic system devoid of liberal values. It is characterised by restrictions on freedom of association, freedom of speech and academic freedom, electoral distortions, unequal access of representative political parties to the public media and judicial guarantees related to the electoral process.

Reform bills in Jordan: A Dawn of a new era or continuous missed opportunities?

AbstractThis study aims to identify the concept, mechanisms and motives of political reform under the reign of King Abdullah II of Jordan. Concisely, the study attempts to identify obstacles to and opportunities for political reform in Jordan. To this end, the weaknesses and challenges facing the process of political reform in Jordan as well as opportunities to achieve political reform will be addressed. The opportunities are represented in the new constitutional amendments and the new laws governing political life (political parties and election laws). The main finding of this study is that since Jordan's problem today is not just economic, there is a pressing need for political reform. The political reform in Jordan, as a form of adjusting and accommodating, is the best alternative for the regime to face the popular pressures. This is probably so because Arab Spring regimes with minimal capacity to ‘bend’ or respond to change had eventually collapsed.