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In voting, a ballot is considered spoilt, spoiled, void, null, informal, invalid or stray if a law declares or an election authority determines that it is invalid and thus not included in the vote count. This may occur accidentally or deliberately. The total number of spoilt votes in a United States election has been called the residual vote. [1] In Australia, such votes are generally referred to as informal votes, and in Canada they are referred to as rejected votes.
In some jurisdictions spoilt votes are counted and reported.
A ballot may be spoilt in a number of ways, including:
As an example, UK law specifically precludes ballots "on which votes are given for more candidates than the voter is entitled to vote for", "on which anything is written or marked by which the voter can be identified" or "which [are] unmarked or void for uncertainty". [2]
If a voter makes a mistake while completing a ballot, it may be possible to cancel it and start the voting process again. In the United States, cancelled physical ballots may be called "spoiled ballots", [3] as distinct from an "invalid vote" which has been cast.
In Canada, a spoiled ballot is one that has been handled by an elector in such a manner that it is ruined beyond use, or that the deputy returning officer finds soiled or improperly printed. The spoilt ballot is not placed in the ballot box, but rather is marked as spoilt by the deputy returning officer and set aside. The elector is given another ballot. A 'rejected ballot' is one which cannot be counted due to improper marking by the voter. Examples of this are ballots which have more than one mark, the intent of the voter cannot be ascertained, or the voter can be identified by their mark. [4]
In many jurisdictions, if multiple elections or referendums are held simultaneously, then there may be separate physical ballots for each, which may be printed on different-colored paper and posted into separate ballot boxes. In the United States, a single physical ballot is often used to record multiple separate votes. In such cases one can distinguish an "invalid ballot", where all votes on the ballot are rendered invalid, [5] from a "partially valid" ballot, with some votes are valid and others invalid.
A voter may deliberately spoil a vote, for example as a protest vote, especially in compulsory voting jurisdictions, to show disapproval of the candidates standing whilst still taking part in the electoral process. Intentionally spoiling someone else's ballot before or during tabulation is an electoral fraud.
The validity of an election may be questioned if there is an unusually high proportion of spoilt votes.[ citation needed ] In multiple-vote U.S. ballots, "voter roll-off" is calculated by subtracting the number of votes cast for a "down-ballot" office, such as mayor, from the number of votes cast for a "top-of-the-ballot" office, such as president. When the election jurisdiction does not report voter turnout, roll-off can be used as a proxy for residual votes. Some voters may only be interested in voting for the major offices, and not bother filling in the lower positions, resulting in a partially valid ballot.
While it is not illegal to advocate informal voting in Australian federal elections, it was briefly illegal to advise voters to fill out their ballots using duplicated numbers. [6] Albert Langer was jailed for violating an injunction not to advocate incomplete preference voting for the 1996 Australian federal election. [6]
During the 2021 Hong Kong legislative elections, pro-democratic supporters urged voters to cast spoilt ballots or not vote in the election in protest of the rewriting of election rules by the National People's Congress in Beijing. [7] Despite the Government criminalising inciting voters to cast invalid ballots or not vote, as well as attempts to boost voter turnout, the election recorded a record number of invalid ballots as well as historically low voter turnout.
Voter instructions are usually intended to minimize the accidental spoiling of votes. Ballot design can aid or inhibit clarity in an election, resulting in less or more accidental spoiling. Some election officials have discretion to allow ballots where the criteria for acceptability are not strictly met but the voter's intention is clear. More complicated electoral systems may be more prone to errors. Group voting tickets were introduced in Australia owing to the high number of informal votes cast in single transferable vote (STV) elections, but have since been abolished in all states and territories aside from Victoria. When multiple Irish STV elections are simultaneous (as for local and European elections) some voters have marked, say, 1-2-3 on one ballot paper and 4-5-6 on the other; some returning officers consequently allowed 4-5-6 ballots to be counted, until a Supreme Court case in 2015 ruled they were invalid. [8]
The United States Election Assistance Commission's survey of the 2006 midterm elections reported undervoting rate of 0.1% in US Senate elections and 1.6% in US House elections; overvotes were much rarer. [9] Some paper-based voting systems and most DRE voting machines can notify voters of under-votes and over-votes. The Help America Vote Act requires that voters are informed when they have overvoted, unless a paper-ballot voting system is in use. [10]
In the Philippines, votes cast for aspirants later declared as nuisance candidates whose name manage to get printed in ballots were considered stray votes prior to the 2013 elections. [11] A particular type of nuisance candidates runs "to cause confusion among the voters by the similarity of the names" with a bona fide candidate for the same office. [12] Since the 2013 elections, votes for these class of nuisance candidates are transferred to their namesake bona fide candidate as valid votes. [11]
Plurality voting refers to electoral systems in which the candidates in an electoral district who poll more than any other are elected.
The single transferable vote (STV) or proportional-ranked choice voting (P-RCV), is a multi-winner electoral system in which each voter casts a single vote in the form of a ranked ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternative preferences if their preferred candidate is eliminated or elected with surplus votes, so that their vote is used to elect someone they prefer over others in the running. STV aims to approach proportional representation based on votes cast in the district where it is used, so that each vote is worth about the same as another.
Voting refers to the process of choosing officials or policies by casting a ballot, a document used by people to formally express their preferences. Republics and representative democracies are governments where the population chooses representatives by voting.
Bush v. Gore, 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. Justice Antonin Scalia, contending that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. On December 9, the five conservative justices on the Court granted the stay, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. In dissent, Justice John Paul Stevens wrote that "counting every legally cast vote cannot constitute irreparable harm." Oral arguments were scheduled for December 11.
The 2000 United States presidential election recount in Florida was a period of vote recounting in Florida that occurred during the weeks after Election Day in the 2000 United States presidential election between George W. Bush and Al Gore. The Florida vote was ultimately settled in Bush's favor by a margin of 537 votes out of 5,825,043 cast when the U.S. Supreme Court, in Bush v. Gore, stopped a recount that had been initiated upon a ruling by the Florida Supreme Court. Bush's win in Florida gave him a majority of votes in the Electoral College and victory in the presidential election.
A voting machine is a machine used to record votes in an election without paper. The first voting machines were mechanical but it is increasingly more common to use electronic voting machines. Traditionally, a voting machine has been defined by its mechanism, and whether the system tallies votes at each voting location, or centrally. Voting machines should not be confused with tabulating machines, which count votes done by paper ballot.
The electoral system of Australia comprises the laws and processes used for the election of members of the Australian Parliament and is governed primarily by the Commonwealth Electoral Act 1918. The system presently has a number of distinctive features including compulsory enrolment; compulsory voting; majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives; and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.
Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of rival candidates, or both. It differs from but often goes hand-in-hand with voter suppression. What exactly constitutes electoral fraud varies from country to country, though the goal is often election subversion.
A protest vote is a vote cast in an election to demonstrate dissatisfaction with the choice of candidates or the current political system. Protest voting takes a variety of forms and reflects numerous voter motivations, including political apathy. Where voting is compulsory, casting a blank vote is available for those who do not wish to choose a candidate, or to protest. Unlike abstention elsewhere, blank votes are counted.
In political science, voter turnout is the participation rate of a given election. This is typically either the percentage of registered voters, eligible voters, or all voting-age people. According to Stanford University political scientists Adam Bonica and Michael McFaul, there is a consensus among political scientists that "democracies perform better when more people vote."
In elections in the United States, a provisional ballot is used to record a vote when there are questions about a given voter's eligibility that must be resolved before the vote can count. The federal Help America Vote Act of 2002 guarantees that, in most states, the voter can cast a provisional ballot if the voter states that they are entitled to vote.
Elections in Hungary are held at two levels: general elections to elect the members of the National Assembly and local elections to elect local authorities. European Parliament elections are also held every 5 years.
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by marking it wrongly or by not marking anything at all. A "blank voter" has voted, although their vote may be considered a spoilt vote, depending on each legislation, while an abstaining voter has not voted. Both forms may or may not, depending on the circumstances, be considered to be a protest vote. Abstention is related to political apathy and low voter turnout.
In electoral systems which use ranked voting, a donkey vote is a cast ballot where the voter ranks the candidates based on the order they appear on the ballot itself. The voter that votes in this manner is referred to as a donkey voter.
Positional voting is a ranked voting electoral system in which the options or candidates receive points based on their rank position on each ballot and the one with the most points overall wins. The lower-ranked preference in any adjacent pair is generally of less value than the higher-ranked one. Although it may sometimes be weighted the same, it is never worth more. A valid progression of points or weightings may be chosen at will or it may form a mathematical sequence such as an arithmetic progression, a geometric one or a harmonic one. The set of weightings employed in an election heavily influences the rank ordering of the candidates. The steeper the initial decline in preference values with descending rank, the more polarised and less consensual the positional voting system becomes.
One of the ways in which ranked voting systems vary is whether an individual vote must express a minimum number of preferences to avoid being considered invalid.
An undervote occurs when the number of distinct choices selected by a voter in a contest is less than the minimum number allowed for a contest or when no selection is made for a particular election. Undervotes can be intentional or unintentional.
An overvote occurs when one votes for more than the maximum number of selections allowed in a contest. The result is a spoiled vote which is not included in the final tally.
Instant-runoff voting (IRV), is a single-winner, multi-round elimination rule that uses ranked voting to simulate a series of runoff elections. In each round, the last-place finisher according to a plurality vote is eliminated, and the votes supporting the eliminated choice are transferred to their next available preference until one of the options reaches a majority of the remaining votes. Instant runoff falls under the plurality-with-elimination family of voting methods, and is thus closely related to rules like the exhaustive ballot and two-round runoff system
The countback method is a way of filling casual vacancies in proportional voting systems. Casual vacancies are filled by re-examining the ballots from the previous election. The candidate who held the seat is eliminated, and the election is then re-run with this candidate removed. Unlike other methods of filling vacancies, this procedure maintains proportional representation, and eliminates the need for expensive and low-turnout special elections.