Electoral fraud

The election fraud, also called electoral fraud, is the deliberate manipulation of an election contrary to democratic principles in order to change the election results in favor or disadvantage a party or the election as such.

In electoral fraud in the strict sense, the existing rules are violated in order to achieve the desired result. In addition, there are a number of methods impermissible influencing choice ( see below).

Electoral fraud can be undertaken or ordered by the election candidates or parties, or by interested third parties, such as interest groups that stand behind a candidate or a party. Most electoral fraud committed by incumbent governments.

Electoral fraud usually occur in dictatorial systems that still perform to increase their legitimacy elections, but ensure through election fraud the desired result. In democratic systems, electoral fraud can also occur, but are to be prevented by maximum transparency and multi-level security and control systems. Many people cheap one country only the status of a democracy when election fraud in the frequency and in scope are the exception.

3.1 Legal situation in Germany
3.2 legal situation in Austria
3.3 legal situation in Switzerland

Methods of election fraud

Electoral fraud is an illegal falsification of the election results, the concealed done over the electorate, and possibly also the choice or the person doing the dialing line.

Voting fraud by individuals

Individuals can try to balance without right to vote, to vote multiple times or to vote instead of third parties. A range of options are:

If voters do not need to be classified in the election, people can try to vote under a false name.
Also, no voter lists for individual polling stations, people can try to cast their vote in several polling stations.
Is there a possibility of postal voting, people can try voting papers for the election not reaching voters (mentally disabled, dementia, unknown Warped, to sell their voting papers ready people) to request and send it filled out.

If the voting fraud on one or a few individual voices limited, the influence on the result of the election is low, often even negligible.

Organized election fraud

Organized election fraud is carried out by the government, contesting candidates / parties or other interested groups on the election outcome in an organized way to falsify the election results to a great extent. Possible methods for this are:

Voting fraud (see sub section ) in an organized form

When the electoral fraud to influence election officials at polling stations: Ballot for voters appeared not to be filled and manipulated the voting statistics in the electoral roll accordingly.
' Discarded ballots and, agreeable ' After opening the ballot box, not agreeable replaced ballot.
Non agreeable ' ballots may be invalidated by additional crosses.

When the electoral fraud to influence the choice executive authorities: Whereabouts of deceased or new registration of non-existent people in voter lists are submitted for the front men voices.
Used voting machines can be manipulated.

When the electoral fraud to influence the election management / supervisory choice: Incorrect assignment of votes to candidates in the calculation of the overall results
Complete, invent ' a desired election outcome, with or without manipulation of the election documents and sent ballots

Prevention of electoral fraud

The most important instrument of control is the principle of the public nature of elections (including § 31 BWahlG ), in which no one may be prevented from control by his own observation, the legality of the election. If doubts about the legality of the election made , the right to elect opposition and judicial review shall be guaranteed. Since this was not the case with the voting machines used in Germany, the Federal Constitutional Court declared the Voting Machine Ordinance on 3 March 2009 to be unconstitutional. In this judgment also of the previously unwritten principle of public choice has been confirmed by the court.

This question is raised for several years in the U.S., especially from the New York media scientist Mark Crispin Miller. Due to many problems with voting machines removed the State of Florida, originally a pioneer in voting machines, all voting machines in elections. The Parliament adopted on 3 May 2007, a law that requires the use of paper ballots to allow a recount of the votes, as the 118 MPs justified their unanimous decision.

In almost all national elections are also international election observers, such as approved by the OSCE to ensure that the election observers can not itself be intimidated again. Their reports serve as important indicators for the assessment of freedom of choice and thus the legality of the election.

Terms of Use

Electoral fraud in most countries, at least officially punishable. In Germany, these rules § § 107 et seq Criminal Code. But particularly in dictatorships often lack the independent judiciary to prosecute just election fraud by the government effectively.

Also in the GDR election fraud were (formal) punishable ( § 211 StGB GDR ). The detection of fraud during the last local elections unfree the GDR civil rights was one of the triggers of change. As a result, Hans Modrow (then SED, then PDS Honorary Chairman) condemned as electoral fraud. The Federal Court has overturned the charge of violation of the law for preventing any review of complaints of election fraud and the acquittals of the Deputy Attorney General of the GDR as well as three other senior East German prosecutors had filed against the critical GDR citizens after the local elections in May 1989 display.

Legal situation in Germany

In Germany offenses in elections in § § 107 ff are governed by the Criminal Code. The threat of punishment extends gem. § 108d of the Penal Code on the European, federal, state and local elections, as well as the primary election in Social Security.

The influence and forgery of works council elections is in accordance with § 119 German Works Constitution Act criminalized.

Not as threatened election fraud, but as Urkundsdelikte with punishment are manipulations of other options (eg elections to parliaments students to the representative assemblies of industry and commerce or in associations ).

More precisely, the Penal Code is punishable:

Choice disability ( § 107 StGB) operates, who prevented by force or threat of force an election, or a finding of its result or interfere. Maximum penalty here is a prison sentence of up to five years.
Election fraud ( § 107a StGB) operates who votes illegally, a false result of an election brings about or distort the result. Maximum penalty here is a prison sentence of up to five years.
Election fraud may also commit an election officer or returning officer, if he announces the result of a choice inaccurate or can proclaim.
The violation of the secrecy of the ballot ( § 107c StGB) is a punishable offense and is equipped with a prison sentence of up to two years under threat.

The attempt is punishable respectively.

Legal situation in Austria

In Austria, election fraud under § 261Vorlage: § / Maintenance / RIS ff Search Criminal Code ( StGB). The threat of punishment extends to the election of the Federal President, the elections to the general representative bodies and the statutory legislative bodies ( representative bodies ) of the professional corporations, for the general and direct elections to the persons entrusted with the enforcement bodies of a municipality, for the elections to the European Parliament and for referendums and popular initiatives.

More precisely, the Penal Code is punishable:

Choice disability ( § 262Vorlage: § / Maintenance / RIS Search Criminal Code) operates, who compels another by force or threat or prevents dangerous to choose at all or in a certain sense. Maximum penalty here is a prison sentence of up to one year.
Furthermore, choice disability is punishable with imprisonment of up to 6 months, if the choice disability occurs by other means.
Deception in an election or referendum ( § 263Vorlage: § / Maintenance / RIS Search Criminal Code) occurs when an attempt is made to move by cheating a third party at a different vote. Maximum penalty is 6 months.
Spreading false news in an election or referendum ( § 264Vorlage: § / Maintenance / RIS Search Criminal Code), which are likely to dial or to influence voters with imprisonment up to six months to be punished.
Bribery of voters in an election or referendum ( § 265Vorlage: § / Maintenance / RIS Search Criminal Code) shall be punishable by imprisonment of up to one year.
Active and passive bribery of vote buying is the same.
Falsification of the result of an election or referendum ( § 266Vorlage: § / Maintenance / RIS Search Criminal Code) is punishable by a maximum three years' imprisonment.
Who without being either - or vote, or on behalf of another improperly selected, shall be punishable by imprisonment for up to six months.
Preventing an election or referendum ( § 267Vorlage: § / Maintenance / RIS Search Criminal Code), maximum penalty of 3 years.
Violation of the election or referendum secrecy ( § 268Vorlage: § / Maintenance / RIS Search Criminal Code), maximum penalty of 6 months.

Legal situation in Switzerland

In Switzerland, election fraud under Article 279 ff of the Swiss Penal Code (StGB ) is punishable.

In particular, is a criminal offense in Switzerland:

Disturbance and hindrance of Elections and Voters: Forcing an election or preventing a lawful assembly or the threat like to do.
Interventions in the voting and election law: to bring coercion or threat of coercion by individuals or someone to vote in a certain way or to prevent someone from participating in the election.
Electoral bribery: Active bribery or similar to, someone means Gift to bring this in a particular way to select or tune. Passive bribery to accept such a gift.
Election fraud: manipulation of the result or a petition for a people's initiative or a referendum.
Stimmenfang mean planned handing out, collecting or filling out ballots, for example by allocating for a particular candidate / any particular option pre-filled ballots.
Violation of the Voting and Election mystery: Explore obtain by illegal procedure knowledge about who has as voted / elected.

Except when fishing for votes, the punishment is repentance, the law provides for each said point shall impose a maximum sentence of three years imprisonment.

Psychological manipulation Advocacy group Election monitoring East Germany Federal Court of Justice of Germany

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