Friedrich-Naumann-Stiftung fr die Freiheit would welcome reproduction and dissemination of the contents of the report with due acknowledgments.

Friedrich-Naumann-Stiftung fr die Freiheit Post Box 1733 House 19, Street 19, F-6/2, Islamabad Pakistan Tel: +92-51-2 27 88 96, 2 82 08 96 Fax: +92-51-2 27 99 15 E-mail: pakistan@fnst.org Url: www.southasia.fnst.org No of printed copies: 3,000 First Edition: 2011 ISBN: 978-969-9515-34-7 Disclaimer: Every effort has been made to ensure the accuracy of the contents of this publication. The authors or the organization do not accept any responsibility of any omission as it is not deliberate. Nevertheless, we will appreciate provision of accurate information to improve our work. The views expressed in this report do not necessarily represent the views of the Friedrich-Naumann-Stiftung fr die Freiheit.

Contents

About the author Introduction 1) What are Democratic Elections? 1.1) What is an Election? 1.2) What makes Elections Democratic? 2) Basic Principles 2.1) Free Ballot 2.2) Secret Ballot 2.3) Equal Ballot 3) Carrying Out Democratic Elections 3.1) Preparation 3.1.1) Questions to be Cleared up before the Election takes place 3.1.2) The Invitation 3.1.3) Necessary Requisites

1 3 7 8 9 11 12 13 14 15 17 17 18 21

3.2) The Election Supervisor and the Teller Committee

23

3.3) Nomination, Introduction and Questioning of the Candidates and Discussion about their Candidacies
26 v

3.3.1) Nomination of Candidates 3.3.2) Introduction of Candidates 3.3.3) Questioning of Candidates and Discussion about their Candidacies 3.4) The Ballot 3.5) The Ballot Alternatives 3.5.1) One Candidate for One Position 3.5.2) More Than One Candidate for One Position 3.5.3) More Than One Position 3.5.4) Excursus: Passing or Defeating a Motion 3.6) The Result

27 28 29

31 35 36 37 38 40 41

3.7) Follow-up Work 3.8) The Contestation of a Ballot or an Election

44 50

Index
51

vi

About the author

About the author

Jana Licht, Economist (Diplom-Volkswirtin): After studies as a scholarship holder of the Friedrich-Naumann-Foundation for Freedom in Economics, German Law and Business Administration at the Dresden University of Technology in Germany, Jana Licht is now working as research fellow and university lecturer for Macroeconomics, International Trade and Foreign Economics, Economic Growth and Business Cycle Theory at Brandenburg University of Technology, Germany. She is also working as a free lecturer for German Constitutional Law. In her research, she specialised on Development Economics and is doing her PhD about corruption in Pakistan. Jana Licht is a member of the German Liberal Party, FDP (Freie Demokratische Partei), chairwoman of a local party group and a local politician in her hometown Dresden. She experienced dozens of party internal elections as voter and election supervisor. As an election supervisor, she is known for strictly ensuring the rights of all voters and candidates by exactly following the rules for party internal elections.

Introduction

Elections are the basic mechanism of democracy. They are the process which breathes life into a representative democracy without them, a democratic constitution is meaningless. But not everything called an election is a real election, and not every election is democratic. Specific conditions have to be fulfilled to carry out real democratic elections. The constitutive democratic rights of all voters and all candidates always have to be observed and strictly ensured. While carrying out elections, this could become a really difficult challenge, but practice makes perfect. Only by exercising democracy can a state become democratic. To bring about democratic elections, one does not have to start by organising the election for a new state parliament. The heart of democracy beats in every voluntary association, club or grassroots organisation. These are the nucleuses of a living pluralistic and democratic society, where representative democracy is not only an empty phrase. They are places where everyday people can become familiar with democratic procedures. In time even the most complicated mechanisms can be understood, because they only seem to be complicated. In fact, they are based on a few basic principles: every democratic election must be free, secret and equal. In the case of local organisation, these principles have to be represented in statutes how to carry out elections. But one does not have to reinvent the wheel for it. It is useful to resort to the experiences in other representative democracies and to adopt their rules for elections in associations, normally fixed in a specific law of association. Therefore, the idea behind this handbook is to give guidelines for clubs, organisations and associations
4

Introduction

to carry out elections without violating democratic rights. This handout gives detailed instructions, based on the experiences of the author as voter, chairwoman and election supervisor in dozens of party internal elections following the German law of association, which is a field of law in German civil law. The word election is defined in chapter 1 and it is discussed how an election becomes a democratic election based on the fundamental principles of democratic elections, which are described explicitly in chapter 2. Chapter 3 is the heart of this handbook, because it gives detailed instructions how to carry out democratic elections in an association, club or organisation from the preparation to the follow-up work. Jana Licht Islamabad October 2011

What are Democratic Elections?

1.1)

What is an Election?

An election is the formal process of choosing individuals for certain functions by vote. This process is not only used for public offices. It also fills positions in private or business organisations, in clubs, voluntary organisations and corporations. That is to say, an election is a decision about one or more persons in contrast to the process of voting on a motion or proposal, which is a decision about a factual issue. This handbook concentrates on elections, even though the rules for carrying out elections have a lot in common with the rules for voting on factual issues. Elections are the basic mechanism of a representative democracy. That is the reason why the standards for elections must be even higher than the standards for other democratic decisions. The essential difference is that elections always must be carried out in secret ballots, whereas passing or defeating a motion can be done through an open ballot, for example with hand signals.

1.2)

What makes Elections Democratic?

Not every election is a democratic election. In history and present, many seemingly democratic countries have held socalled elections, but with a foregone conclusion that makes no reference to the electorates real opinions. False democracies and even outright dictatorships have held phoney elections.

What are Democratic Elections?

The crucial question is how elections can be made democratic. This question can be answered in two ways: from a more philosophical and idealistic point of view, and from the practical point of view. From an idealistic position, one can say that elections become democratic when they perform a democratic task. Democratic means that one individual or more is chosen for certain functions by the vote of the majority of people who are entitled to vote completely free, without any pressure. A candidate could only win an election if the majority thinks that they deserve this job. This candidate has to have the support of the majority of the voters. But this is only the necessary condition for real democratic elections. Also the practical point of view is needed as the sufficient condition for it. The way that an election is actually carried out shows whether or not is it genuinely democratic. First, there must always be alternative choices. The voters must have different options for their votes. Options could include a choice of different candidates for one position, or the opportunity to say: No, I dont want any of these candidates (even if there is only one candidate!). Second, there must be a time limit on the successful candidates mandate: elections have to be repeated periodically. This constraint limits the successful candidates power, and is a basic democratic mechanism to impose the voters will on elected persons. Third, the elections have to follow some very important general rules: the ballot must be free, secret and equal (described in detail in the next chapter). Moreover these rules have to be translated into detailed and precise instructions to the people tasked with carrying out an election. These instructions define the rights and duties of the candidates as well of the
9

voters. They have to be written down in statutes, and have to be fixed and to be accessible for every candidate and voter before the election takes place. Also, these statutes must define what would happen if the instructions are not carried out in the correct way or if rights are violated. Normally, in these cases the ballot or the whole election is invalid, and has to be annulled and repeated.

10

Basic Principles

11

Every election has to follow three basic principles in the way it is carried out: the ballot must be free, secret and equal. The election can only be democratic, if these principles are not violated. Observing these rules ensures the freedom and the democratic rights of every voter.

2.1)

Free Ballot

The ballot must be free. This means that the voting decision of every voter has to take place without any physical or mental pressure from outside. Everyone who is entitled to vote must feel free to decide in all conscience who is the best candidate. Nobody should be allowed to impose pressure on the voters to make a certain choice. Vote-buying, which means bribing someone into making a certain choice, is also forbidden.
12

Basic Principles

Freedom of choice includes the freedom not to vote. In a democracy, no one is legally obliged to vote. If one is entitled but does not want to vote, they can abstain from voting by casting no or a blank paper ballot or by casting a ballot with the word abstention on it. Doing this shows that they do not want to make a decision in that certain election or ballot, for any reason.

2.2)

Secret Ballot

The ballot must be secret. It has to be organised in such a way that the individual choice remains non-transparent basically. This does not mean that a single voter is not allowed to talk about his or her voting decision, but it has to remain their own decision whether they want someone else to know about it. Nobody is allowed to interrogate a voter about their voting decision.

13

The easiest way to carry out secret elections is to use paper ballots, which are written on or filled in secretly by the voters. The paper ballots are then placed in a closed ballot box. After that, the paper ballots have to be counted by an independent teller committee (detailed instructions in the next chapter).

2.3)

Equal Ballot

The ballot must be equal. That is to say, the worth or importance of every vote equals the worth of every other vote within a ballot. Every vote has the same impact on the result of the election. Mostly, this principle is realised with the rule one man one vote.

14

Carrying out Democratic Elections

15

This chapter gives detailed instructions for carrying out elections in political or business organisations, clubs, associations and the like. They are based on the experiences of the author as a voter, chairwoman and election supervisor of dozens of party internal elections as well as on the German law of association. All rules for elections must be written down in statutes. They have to be fixed and must be accessible for every candidate and voter before the election takes place. And they have to be observed accurately! Otherwise, the whole election could be invalid. In a local organisation, voting normally takes place at a specially-convened meeting or assembly.

16

Carrying out Democratic Elections

3.1)

Preparation

Previously, a lot of preparation has to be done for an election. The preparation is very important and has to be carried out carefully, because it ensures that no right of a voter or a candidate is violated. Usually, one needs more time to prepare an election than to actually carry it out. 3.1.1) Questions to be cleared up before the Election takes place Before holding an election, one must first settle the question of who is entitled to vote. Normally, in a club or an association, everyone who is a member of this organisation (and has paid the current membership fee, if necessary) is entitled to vote. One must also clear up how many votes each voter can cast in every single ballot. Remember the basic democratic principle that the ballot must be equal. This can only be realised if everyone has the same number of votes. If one person for one position is to be elected (for example the chairperson of the organisation), every voter is allowed one vote (one man one vote). If more than one board member with equal rights is to be elected in the same ballot, every voter can cast one separate vote for each position. Anyhow, one must also decide if proxy voting will be allowed. That is to say, a person who is entitled to vote, but who cannot
17

attend the election physically, could transfer his or her votes to another entitled voter. The author emphatically advises against doing this in voluntary organisations, because proxy voting makes the correct carrying out of an election much more difficult and opens the door for ballot rigging. However, if an organisation wishes to allow proxy voting, rules for proxy voting have to be fixed. The person who wants to transfer his or her vote(s) has to confirm this in writing and this document has to be on hand at the beginning of the election. Questions to be settled before an election is held: Who is entitled to vote? How many votes does every voter have in every single ballot? Is proxy voting allowed? If so, what are the rules for proxy voting?

3.1.2) The Invitation An official invitation to attend the meeting where the election will take place has to be sent to everyone who is entitled to vote. After a corresponding board resolution, the current chairperson of the organisation is allowed to invite participants to the election meeting. If the mandate time of the current office holder is nearly finished, the chairperson is obliged to invite the voters to elect a new office holder. If they do not invite, the board without the chairperson or a group of the
18

Carrying out Democratic Elections

members of the organisation (for example not less than ten percent of the organisations members) can initiate the election process themselves. It is very important that everyone who is entitled to vote is invited to the election meeting. If only one invitation is forgotten, the whole election will be invalid and has to be repeated. The elections will be also invalid if not enough voters attend the election. The organisations statutes must fix how many (or what proportion of) members of the organisation have to participate in the meeting to carry a valid vote. This is important since the participating voters will decide for the rest of the organisation. The meeting has to be representative of the whole organisation. The necessary number depends on the size of the organisation, because the bigger an organisation is the more complicated it is to bring all members together. If the organisation has less than 100 members, a third of the members are necessary for an election. If the organisation is bigger than 100, usually 15 percent of the members is enough. Normally, the invitation must be in written form, but the majority of the members of the organisation can decide that the electronic form of the invitation (e-mail) is enough. The person(s) responsible for inviting voters to vote must be able to prove that the invitation was sent to everyone who is entitled to vote in the correct form and in due time. In due time means that a previously fixed time limit for sending out
19

the invitation has been kept. This deadline ensures that everyone can arrange their own schedule to come to the election. It ensures that every candidate can prime themselves for the election and that the election can be prepared carefully. The author suggests a time limit of 28 days: the invitation has to be sent at least 28 days before the election will take place. The invitation must contain the following information: the precise place, date and time of the election(s), as well as the agenda of the assembly. The agenda has to include an address of welcome/the opening of the assembly by the chairperson, and a declaration of whether enough voters have come to the assembly to make the election legitimate. It must also include a declaration of whether the invitation was made in form and in time, a declaration of whether every participant agrees with the agenda and the election of an election supervisor and the teller committee (3.2 in this chapter). Every single ballot which will take place (Ballot for Position A, Ballot for Position B, Ballot for Position C, and so on), and the closing words of the chairperson have to be mentioned in the agenda, too. A ballot which is not stated explicitly in the invitation cannot take place. Needless to say, that the assembly has to follow this agenda exactly. This can be proved with minutes of the meeting, which should be recorded by someone who has been selected beforehand. The minute-taker should not be a member of the board or a candidate for the elections, to ensure their independence.

20

Carrying out Democratic Elections

Checklist for the invitation: Who is entitled or obliged to invite? Was an invitation sent to everyone who is entitled to vote? How many members are necessary to represent the whole organisation? Was the invitation sent in written (or, if possible, in electronic) form? Was the invitation sent in due time? Is it possible to prove that the invitation was sent to everyone who is entitled to vote in the correct form in time? Does the invitation include the information about the place, the date and the time of the election, as well as the agenda of the assembly? Is every ballot stated explicitly in the agenda? Who will be the keeper of the minutes?

3.1.3) Necessary Requisites Some requisites for the election have to be prepared. One or more ballot boxes, enough paper ballots and an attendance sheet is needed. The attendance sheet is necessary to prove which members attended the election assembly. It can be prepared as a register of everyone who is entitled to vote with a space behind every name for the personally sign of every voter. They have
21

to sign it when they enter the room where the election will take place. In this way, it can be proven that enough members of the organisation have come to the assembly to make the ballot valid. After the election, the attendance sheet becomes a part of the documentation of the election. For secret ballots, ballot boxes and paper ballots are indispensable. A ballot box is a cardboard, wooden or plastic box which is opaque, can be opened and has got a slot for the paper ballots on its upper side. The voters cast their ballots by putting the folded paper ballots in the ballot box. At the beginning of every ballot, it has to be shown by the election supervisor and the teller committee that the ballot boxes are empty. This ensures that no one can commit an electoral fraud by putting more paper ballots in the box than they are allowed. The paper ballots are (small) blank sheets. They are distributed to the voters after signing the attendance sheet (one paper ballot for every ballot). Every paper ballot for a certain ballot has to look identical to ensure that the ballot is secret. But the sheets for different ballots have to be different, too. This also ensures that nobody can cast more ballots than they are allowed, because in this case, one would find a paper ballot in the ballot box which does not belong to this certain ballot. It can be realised with different coloured paper ballots (for example red paper ballots for the ballot for position A, green paper ballots for the ballot for position B, and so on) or numbered paper ballots (paper ballots with number 1 for the ballot for position A, paper ballots with number 2 for the ballot for position B, and so on). Make sure that there are enough paper ballots for everyone who was invited to the election and backup paper
22

Carrying out Democratic Elections

ballots if a ballot is invalid and has to be repeated (also in different colours or with different numbers). Indispensable requisites: attendance sheet ballot box(es) enough paper ballots identical ones for the same ballot, different ones for different ballots spare paper ballots

3.2)

The Election Supervisor and the Teller Committee

For every election an election supervisor who is responsible for carrying out and documenting the election is needed. He or she conducts the election assembly and gives the instructions for every step which has to be done. The election supervisor also has to control, to declare and to document the results of the elections. They have to sign the minutes to acknowledge that they are correct. The election supervisor is also elected by the participants of the election, which can be done by open ballot. Normally, the chairperson proposes a candidate for this job, but any other voter is also allowed to do this. The election supervisor is not allowed to be a candidate in the following ballots, because they should be as independent and neutral as possible. This is a very important job and it has to be done in a responsible way. It is reasonable to
23

24

Carrying out Democratic Elections

think about an adequate candidate for this position while the election is prepared, so that they are able to attend the preparation and to prime themselves. It will be very useful if the election supervisor knows the statutes as well as the rules for elections inside out and if they have experience with election assemblies. The election supervisor also has The election supervisor is also a role as chairperson of the teller elected by the participants of committee. A teller committee is the election, which can be needed to collect every paper done by open ballot. Norballot and to count all votes. The mally, the chairperson pronumber of members of the teller poses a candidate for this job, committee should be decided acbut any other voter is also alcording to the elections requirelowed to do this. ments. The more members the teller committee has, the faster it can work. Additionally, a large number of members of the teller committee enhances its reliability. The participants of the teller committee are elected by the attendant voters by open ballot, too. And they are also not allowed to be candidates in the following ballots, because it is too easy for them to commit vote-rigging. After every ballot, they collect the ballot boxes, open them and count the votes.

25

3.3)

Nomination, Introduction and Questioning of the Candidates and Discussion about their Candidacies

The nomination, introduction and questioning of the candidates and the discussion about their candidacies for a ballot have to happen before the ballot is taking place. They are needed for every single ballot und have to be carried out separately for every single ballot.

26

Carrying out Democratic Elections

3.3.1) Nomination of Candidates At first, every ballot has to be called up by the election supervisor (for example: Now I am calling up the ballot for position A). At every moment, it has to be clear to every voter which ballot is taking place. The election supervisor has to ask for proposals for candidates. If the board of an organisation or an association is elected, normally, everyone who is entitled to vote (every member of the association) is also allowed to nominate a candidate. For special positions, exceptions to this rule are possible for example, if a secretary general who needs special confidence by the chairperson were elected, only the chairperson could be allowed to nominate a candidate. In all cases, the rules for the nomination must be fixed in the statutes. Generally, every member of an association is also eligible for election of the board of this association. In democratic organisations, every member should have the active and the passive right to vote. The active right to vote means that a member is entitled to vote and allowed to elect someone for a certain position. The passive right to vote allows a member to be a candidate in an election and to be elected. Nobody should be excluded from one of these rights, because they ensure that the board of an organisation is representative for the whole organisation. The election supervisor has to ask every person who is a proposed candidate in a ballot whether they are available for this position, and whether they want to be a candidate. It is pos27

sible that someone is a proposed candidate but does not actually want to run for this position. A members passive right to vote includes the right to reject a nomination. To protect the passive right to vote, election in absentia should be possible. That is to say, someone can be a candidate and can be elected, even if they cannot attend the election assembly in person. They have to declare in writing that they are available for the position, and this declaration of agreement must be on hand at the beginning of the election. Important phrases for use by the election supervisor I: Now I am calling up the ballot for position[position] Are there any proposals for candidacies for this position? Candidate[name], are you available for this position?

3.3.2) Introduction of Candidates Every candidate must have the opportunity to introduce hisor herself and to explain to the assembly why they are the best candidate for the position. Normally, there are no concrete rules for the introduction, at the most a time limit can be given for it (for example three minutes). The introduction of all candidates takes place in the order of their nomination. A candidate is also allowed to reject the chance to introduce
28

Carrying out Democratic Elections

his- or herself. If a candidate wants to be elected in absentia, they can be introduced by proxy. 3.3.3) Questioning of Candidates and Discussion about their Candidacies After the introduction of all candidates, the election supervisor has to ask whether questioning of the candidates and a discussion about their candidacies is requested by the voters. If only one voter wants it, it must be done. The questioning or discussion about the candidates must be finished, if the majority of the members of the assembly want it. Questioning of the candidates means that every voter is allowed to ask the candidate everything they want to know to help them make a decision. Sometimes, this instrument is also used to suggest a difficult point or a reason why the candidate should not be elected to the rest of the assembly. This kind of behaviour is allowed in a democracy, because it depends on the candidate how they react and whether they answer the question. It is possible to reveal things which have been concealed in the introduction of the candidate. Candidates know that this can happen and so they can prepare themselves for it. And they can also decide not to answer a certain question. But mostly, this instrument is used to clear up open questions, because it is impossible to include every topic in an introduction speech. The voters can also discuss the qualification of the candidates.
29

That is to say, the members of the assembly are allowed to debate the ballot proposals. The same rules as for every discussion of factual issues in an organisation apply to the discussion of candidates. If a voter has got a question or wants to say something in the discussion of the candidates, they have to show it by raising their hand. The election supervisor makes a list of speakers and calls up the questions as well as the contributions to the discussion in the order of the hand signals. Needless to say, that every voter and every candidate has to abide by the basic rules of a democratic debate: the discussion can be stormy, but everyone must be allowed to speak out, the order of speakers must be kept and no one is allowed to use insulting language. Everyone has to focus on the question who is the best candidate for the position to be filled. Important phrases for use by the election supervisor II: Is questioning of the candidates and the discussion about their candidacies requested?

30

Carrying out Democratic Elections

3.4)

The Ballot

The associations statutes must fix which conditions have to be fulfilled for a candidate to be elected to a position. The statutes must define what kind of majority a candidate needs. The most important feature of the required majority must be obtaining the majority of the valid cast ballots, because it is always a ballot alternative in a democratic election to make a paper ballot invalid (3.5 in this chapter). A paper ballot can
31

also become invalid, if it is filled out wrong, or if the expression of the opinion of the voter is not unambiguous in any other way. A ballot only counts, if the expression of the opinion of the voter is absolutely unambiguous! It has to be completely clear which candidate a voter supports. Secondly, remember that different kinds of majorities exist. A simple majority is normally needed to defeat a motion (a decision about a factual issue). That is to say, the motion needs the numerical majority of all valid cast ballots/of all votes. But in elections, in principle a candidate needs the absolute majority to be elected. This means, that they need at least more than the half of all valid cast ballots, even if there is more than one candidate for this It is very important that position. If there is only one canit is clear for everyone at didate, the sum of votes against every moment which po- them, paper ballots with the sition will be filled by a word abstention on them and particular ballot, who the paper ballots which were left candidates are, and what blank has to be less than 50 perthe rules governing the cent of all valid cast ballots (in election are. It is the duty 3.6 in this chapter, it is explained of the election supervisor what has to happen if no candidate reaches the absolute majorto ensure this. ity or the equality of votes a tie occurs). If two or more board members with the same rights are to be elected in one ballot, every candidate needs the absolute majority of all valid cast ballots, too. This is possible, because in this case, every voter has got as many votes as positions to be filled in this ballot.
32

Carrying out Democratic Elections

For example: Three board members are to be elected in one ballot. Then every voter has got three votes. Assuming, that 50 valid paper ballots are cast (with three votes on every paper ballot at maximum), a candidate needs at least 26 votes to be elected. If more candidates as positions to be filled reach the absolute majority, they will be elected in the order of the votes everyone got. In the example above, the three candidates with the highest, the second-highest and the thirdhighest number of votes would be elected (but everyone has to have more than 26 votes). Before the ballot starts, the election supervisor has to mention all ballot alternatives (3.5 in this chapter) and state who all candidates for the position are. It is very important that it is clear for everyone at every moment which position will be filled by a particular ballot, who the candidates are, and what the rules governing the election are. It is the duty of the election supervisor to ensure this. Otherwise, the possibility for unintended invalid ballots is much higher, especially in election assemblies where several ballots take place. Only the election supervisor is allowed to open a ballot that is, begin the process of vote-casting. After the opening of the ballot, the voters write on or fill in their paper ballots, fold them together and throw them into the ballot box(es). That is to say, this certain ballot is going on. Members are not allowed to fill in and to cast the paper ballots before the election supervisor has declared the ballot open. When it seems that every voter has finished, the supervisor should ask if everyone who wanted to cast a ballot has done it so. If no one
33

says that they have not yet cast their ballot, the election supervisor has to close the ballot. After that, nobody is allowed to cast their ballot anymore. After the closing of the ballot, the teller committee is allowed to open the ballot box(es) and to start to count the votes. This strict sequence helps to avoid the mixing up of different ballots as well as thereby unintended invalid ballots and reduces the opportunities for committing vote-rigging. Important phrases for use by the election supervisor III: The candidate for this position is[name] / The candidates for this position are[names] / The candidates for these positions are[names] The ballot alternatives are I am opening the ballot now. Has everyone who is entitled to vote cast the ballot? The ballot is closed now.

34

Carrying out Democratic Elections

3.5)

The Ballot Alternatives

As mentioned above, the election supervisor has to name all possible ballot alternatives before the ballot starts. It is a specific characteristic of democratic elections that a voter always has the option to vote for different alternatives. There are some basic ballot alternatives which are always possible, independent of the number of positions to be filled in a certain ballot and the number of candidates for it. The first one is to make a no-vote. That means: I do not support any of the available candidates. The second one is two write the word abstention on the paper ballot. That is to say, the voter does not know who is the right candidate or does not want
35

to make a statement for any other reason. A paper ballot which is left blank by the voter counts as an abstention, too. As well as the normal alternative options available to a voter, a voter can also spoil their ballot paper that is, to intentionally make the ballot paper invalid. The election supervisor does not suggest this as an alternative to voters, but it is another way for a voter to show that they are interested in democracy and approve of democratic elections as a basic principle, but disapprove of this certain ballot for any reason. They could cast an invalid ballot by making an ambiguous statement, for example by writing nonsense on the paper ballot (My cat is a great choice, too.). Spoiling of ballot papers is not very common, and unintended invalid ballots are more frequent. Normally, a member of an association approves elections for the board of this association, because otherwise they would not be a member. 3.5.1) One Candidate for One Position If there is only one candidate for one position, the voter can elect him or her by writing the word Yes or the name of the candidate on the paper ballot. Even if there is only one candidate, the voters are allowed to vote against him or her by writing No on the paper ballot. Voters can also abstain from voting by writing the word abstention on it or by leaving it blank. Therefore, the ballot must be secret, even if there is only one candidate! This candidate has to have the support of the majority of the voters to be elected, too. Occasionally,
36

Carrying out Democratic Elections

the only candidate cannot reach the majority of all valid cast ballots (3.6 in this chapter explains what has to happen in this case), but a candidates mandate must always be based on the will of the majority of the voters. Ballot alternatives: Yes / Name of the candidate No Abstention

3.5.2) More Than One Candidate for One Position If there are two or more candidates for one position, it is not possible to vote with Yes. In this case, the ballot would be invalid, because this expression of opinion is not unambiguous. On the paper ballot, the voter has to write the name of the candidate that they want to vote for. If a voter writes more than one name on the paper, the ballot becomes invalid. On the other hand, the voter can write No on the paper ballot, if they do not want to support any of the candidates. The voter can also write abstention if they want to abstain from voting. Ballot alternatives: Name of the candidate No Abstention

If there are many candidates, it can be useful to prepare paper ballots in advance. That is to say, the voter gets a paper ballot
37

with a pre-printed chart of all ballot alternatives (the names of all candidates and the word No) and a space next to every alternative. The voter fills in this paper ballot by making a cross in the space of the alternative they want to vote for. Writing more than one cross would make this ballot invalid. A cast paper ballot with no cross counts as an abstention. Example of a valid paper ballot, on which a voter has voted for candidate C: Ballot for position X Name of candidate A Name of candidate B Name of candidate C Name of candidate D Name of candidate E No

3.5.3) More Than One Position

If more than one board member for positions with same rights needs to be elected, it is possible for a voter to use one ballot paper to cast as many votes as positions have to be filled. In this case, it is not possible to write only Yes on the paper ballot, because this expression of opinion would not be unambiguous. A voter can elect the candidates they want to support by writing the names of these candidates on their paper ballot. For example, if three board members are to be elected, a voter can write up to a maximum of three names of candidates on the paper ballot. But the voter could also
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Carrying out Democratic Elections

write only two names or one name, if they only want to vote for two or one candidates. It is always possible to support fewer candidates than the number of positions to be filled. On the other hand, if the voter writes more names than there are positions to be filled, the ballot paper becomes invalid. For instance, if there are three positions but the voter writes four names, then the ballot is invalid. If the voter does not want to vote for any candidate, they can vote with No or abstain from voting. Ballot alternatives: Name(s) of the candidate(s) No Abstention When using pre-prepared paper ballots, which list the names of candidates for positions, the voters fill out their paper ballots by making crosses next to the name of the candidate(s) they want to support. Voters can make at most as many crosses as there are positions to be filled, or fewer. In the example below, there are five candidates for three positions. A voter can make one, two or three crosses, and in this case has chosen to make three crosses: Ballot for position X, Y and Z X X X Name of candidate A Name of candidate B Name of candidate C Name of candidate D Name of candidate E No
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More crosses would make the paper ballot invalid. A paper ballot without any cross is classified as an abstention. The voter can also vote with No, but then they can only make one cross. A paper ballot with at least one cross next to a candidates name along with a cross next to the word No is invalid, too. 3.5.4) Excursus: Passing or Defeating a Motion To pass or to defeat a motion is a decision about a factual issue. The rules for it have much in common with the rules for elections, though it can be done by open ballot for example with hand signals. A voter has three ballot alternatives: they can support the motion (Yes), oppose it (No) or abstain from the decision. The election supervisor has to ask for the hand signals for all three alternatives. If the majority is not clear, the teller committee has to count the hand signals. If the voters request a secret ballot (for example at least one third of them), it must be carried out like an election with ballot papers and ballot boxes. Ballot alternatives: Yes No Abstention

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3.6)

The Result

The ballot result is announced by the election supervisor after the counting of all votes by the teller committee. The teller committee has to set out the detailed result in writing. The election supervisor declares how many paper ballots were cast, and therefore how many votes are required for being elected in this certain ballot. The election supervisor declares how many paper ballots are valid (and invalid), how many votes every candidate got, the number of no-votes and how many voters abstained from the ballot. The election supervisor has to announce who is elected according to the result of the ballot and he has to ask the elected persons whether they accept the election or not. After answering with Yes, these persons are formally elected.
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Important phrases for use by the election supervisor IV: [number] paper ballots were cast. And therefore, [number] votes are needed to be elected. [number] paper ballots are valid (and [number] paper ballots invalid). Candidate[name] got [number] votes. There are [number] no-votes. [number] voters abstain from voting. According to this result, candidate[name] is elected. Candidate[name], do you accept the election?

But if no candidate reaches the absolute majority or if a tie occurs (that is, two or more candidates get the same number of votes)? If only one position is to be filled with the ballot (for example the position of the chairperson), the absolute majority of valid cast paper ballots is required. If the absolute majority is not reached by one of the candidates, a second ballot following the same rules as the first ballot must be done. In the second ballot, the absolute majority is needed, too. If there are more than two candidates for a position and no candidate got an absolute majority, the second ballot is a run-off ballot between the two candidates who got the most and the second most votes in the first ballot. If required (no candidate reaches the absolute majority in the second ballot), a third ballot must be done with the candidates of the second ballot. In this ballot, only the simple majority of valid cast
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paper ballots will be needed for the election. If a tie between the candidates occurs, the ballot is decided by drawing lots. That is to say, the names of the two candidates are written on lots (small similar sheets like paper ballots) and the election supervisor blindly draws out one lot. The candidate whose name is on the drawn lot is elected in this ballot. New candidates cannot be named in the second or the third ballots, but every candidate has to be asked again by the election supervisor whether they are available or not for the second/third/run-off ballot, too. Even if only one candidate is left, they need the absolute majority in the second ballot. If it an absolute majority is not reached, the election is invalid and has to be repeated in a new election assembly.

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Important phrases for use by the election supervisor V: Candidate[name,] are you available for the second/third/run-off ballot, too?

If more than one candidate is to be elected in one ballot, all candidates with the absolute majority of valid cast paper ballots are elected in the first ballot. A second ballot has to be done, if not enough candidates could reach the absolute majority in the first ballot. In this ballot, only a simple majority is required to decide the ballot. That is to say, the candidates are elected in the order of the number of votes they got. If a tie occurs, a run-off ballot between them must be carried out. If the run-off ballot ends in a tie again, the election is decided by drawing lots, as above. Every candidate must be asked by the election supervisor whether they are available for the second/run-off ballot, too. Even if only one candidate is left for the second ballot, it must be carried out. The nomination of new candidates in the second and run-off ballots is not allowed.

3.7)

Follow-up Work

After all ballots, the election must be closed by the election supervisor. He or she passes over to the chairperson for his or her closing words.

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Important phrases for use by the election supervisor VI: The election is closed now. I am passing over to the chairman/chairwoman for his/her closing words.

But when the election assembly is over, the work is not done. The election has to be documented completely and accurately. The documentation is needed to verify whether the election was carried out in the right way, as defined by the organisations statutes. The documentation must include a copy of the invitation to the election assembly that members were given; the election assemblys agenda; the attendance sheet; the minutes of the assembly; the notes made by the election supervisor and the teller committee; and the paper ballots, which must be kept. The minutes do not have to be narrative minutes instead resolution/decision minutes are enough. That is to say, the keeper of the minutes records the results and the decisions of every point of the agenda. The crucial aim of the minutes is to prove that the election complied with all formalities fixed in the statutes. This aim defines which information has to be recorded. The minutes have to be signed by the keeper of the minutes and the election supervisor (with place and date of the signing) to acknowledge that they are correct. The paper ballots have to be stapled together and labelled ballot for ballot, so that they cannot be manipulated afterwards. The whole documentation must be archived by the board of the association or the organisation. Normally, there is no limit for how long the documentation should be kept in the archive. How45

ever, if there is not enough space for the documentation it can be destroyed after ten years, though it must be digitally saved. The documentation of the election must include: the invitation to the election assembly with the assemblys agenda the attendance sheet the minutes of the assembly, signed by the keeper of the minutes and the election supervisor the notes made by the election supervisor and the teller committee the paper ballots, stapled together and labelled ballot for ballot

Last but not least, the result of the election has to be made accessible for all members of the association, for example by a circular mail or by publishing it on the website of the association.

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3.8)

The Contestation of a Ballot or an Election

As aforementioned, a single ballot or a whole election can become invalid under certain circumstances and must be repeated. But a formal process has to precede the repetition. Normally, a specific authority is needed to decide whether a ballot or an election should be repeated. In many parties or bigger organisations, one can find an own independent arbitrating body to deal with cases like this one from within the organisations own ranks, because with the statutes of an association, specific rights and duties of the members of this organisation arise and only the organisation at itself can enforce them. Without arbitration, this handbook only can give
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advices how to deal with situations in which a member claims that a ballot or an election is invalid. With these advices hopefully the most disputes can be solved in positive way for every participant and no higher authority is needed to enforce everybodys rights. A ballot or an election can always be contested, if a member of the association holds that one of their rights have been violated, because the board, the election supervisor or the teller committee neglected one of their duties. The general norm is that some right is always violated, if the rules above for carrying out elections are not fulfilled exactly. Examples are: a member was not invited to the election assembly, not enough members attended the election, the invitation was not in the correct form and due in time, a candidate was not allowed to introduce his- or herself, a voter had no chance to ask a candidate a question, the assembly could not discuss a candidacy, ballot boxes and paper ballots were not prepared correctly, prepared paper ballots had misprints, the election supervisor did not clearly state what all ballot alternatives were, a ballot was not opened and closed correctly, the result was manipulated, and so on. Depending on the reason that a member is contesting the election, either only a certain ballot or the whole election could be invalid. If, for example, a member was not invited to the election assembly, the whole election is invalid. If there were misprints on prepared paper ballots for a single ballot, only this ballot is invalid. Only the member whose rights could be violated is allowed to contest the ballot or the election. Contestation by proxy is
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not allowed. The member has to contest the ballot or the election within four weeks (28 days) after the election took place. The contestation has to be well-founded, addressed to the board of the association and sent in written form or via email. It is important for the contester to be able to prove that they sent the contestation in due time. The board has to inform all member of the association about the contestation without any delay. The chairperson must then call a board meeting immediately to discuss it. Within this board meeting, the contester is entitled to be heard and to explain why they are contesting the election. The meeting can assess the members complaints in relation to the election documentation, which should have been kept (see section 3.7). The board meeting should reassess the original invitation, the attendance sheet, the minutes and the recounting of the paper ballots. If the majority of the board upholds the contestation, the board declares the ballot or the election is invalid. The ballot or election must then be repeated. In this case, the board must directly invite to a new election assembly to repeat all invalid ballots. This election again has to follow all rules described in this handbook. If the board dismisses the contestation, it must call a meeting of all members of the association. The rules for the preparation, the invitation and the carrying out of this meeting are the same than the rules for elections. In this meeting, the whole case must be discussed and the contester as well as the board is entitled to be heard. At the end, all members of the meeting have to decide whether the ballot or the election is invalid and whether the board has to invite all members for the repeating of it. If the meeting does not agree with the contestation, but the contester wants to prosecute
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the claim on his or her own expense, only a higher authority can help. In this case, the contester could be claim arbitral jurisdiction or, if possible, take legal action under civil law. As one can see, it is very difficult to deal with an invalid ballot or election and to ensure the rights of every member in a situation like this one. Thus, the best advice is to follow all rules exactly, to prepare an election correctly and carry it out attentively, not to try cheating or taking advantage of a special position in any way, and to keep always in mind the elections purpose enforcing democracy and freedom If one follows this advice, they would never have to think about the problems linked with the contestation of an election.

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Index

Index abstention 13, 32, 35-39 agenda 20, 44-45 arbitral jurisdiction/arbitration 47-49 attendance sheet 21-22, 45, 49 ballot 8, 10, 12-14, 17-18, 20-27, 30-45, 47-50 ballot alternatives 33, 35, 38, 40, 48 ballot box 12, 21-22, 25, 33-34, 40, 48 equal ballot 14 free ballot 12 open ballot 8, 23, 25, 40 paper ballots 14, 21, 22, 32-33, 37, 39, 41-43, 45, 48-49 run-off ballot, second ballot 42, 43 second ballot, run-off ballot 42, 43 secret ballot 8, 13, 22, 40 third ballot 42-43 board 17-18, 20, 22, 27, 32-33, 36, 38, 45, 48-49 candidate 6, 9-10, 12, 17, 20, 23, 25-33, 35-43, 48 candidacy 48 introduction of candidates 28 nomination of candidates 27 proposals for candidates 27 questioning of candidates 29 chairperson/chairman/chairwoman 5, 17-18, 20, 23, 25, 27, 42, 44, 49 civil law 5, 50 contestation 47-50 documentation 22, 45-46, 49 drawing lots, equality of votes, tie 32, 42-43
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election supervisor 5, 20, 22-23, 25, 27, 29-30, 33-36, 4041, 43-45, 48 electoral fraud, vote-rigging 22, 25, 34 election in absentia 28 hand signal 8, 30, 40 invitation 18-20, 45, 48-49 law of association 4-5 majority 9, 19, 29, 30-33, 36-37, 40, 42-43, 49 absolute majority 32-33, 42-43 simple majority 32, 42-43 member 17, 20, 27-28, 36, 38, 48-50 minutes 20, 23, 28, 45, 49 keeper of the minutes 45 narrative minutes 45 resolution/decision minutes 18, 45 motion 8, 32, 40 proposal 8, 27, 30 secretary general 27 statutes 4, 10, 19, 25, 27, 31, 45, 47 teller committee 14, 20, 22, 25, 34, 40-41, 45, 48 tie, equality of votes, drawing lots 32, 41-43 vote 8-9, 12-14, 17-19, 21, 25, 27-28, 33-40 active right to vote 27 equality of votes, tie, drawing lots 18, 24-25 no-vote/non-vote 35, 41 passive right to vote 27-28 proxy voting 17-18 vote-buying 12 vote-rigging, electoral fraud 22, 25, 34

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