Word count: 805
OOC: The official sequel to Fairness in Elections, the submitted version of which was Draft 1 of this proposal (and which is now almost certainly going to be defeated at vote). Thanks to all those involved in the drafting (and at-vote criticism!) of that and of Protecting Convicted Voters. Thanks also to Honeydewistania for suggesting that I include provisions about votes for expatriated prisoners.
OOC 2: On hold due to the Promoting Democratic Stability Act. Below is Draft 4d.
Protecting the Right to Vote
A resolution to increase democratic freedoms.Category: Furtherment of DemocracyStrength: StrongProposed by: Tinhampton
Aware that no less than two attempts to replace GA#419 "Voting Equality for Freed Inmates" have been defeated due to various issues which are not present in this resolution, and
Believing that those members which hold elections or referenda should avoid making anyone unable to vote in them simply due to their circumstances...
The General Assembly enacts as follows.
Article 1: Expanding the Franchise
- Definitions: In this resolution:
- an "election" is an election for public office or a referendum (whether binding or non-binding) held in a member state, and
- a "covered crime," in relation to a person seeking to vote in an election, is any crime other than:
- any war crime,
- any crime against humanity (including torture, all forms of genocide, and all forms of slave ownership and human trafficking), or
- a crime involving proven election fraud.
- Limits on disenfranchisement: Members must ensure that no person within their jurisdiction is prevented (or otherwise unduly restricted) from voting in an election as punishment for a covered crime; or simply because that person is currently being, or has previously been, punished for a covered crime.
- Non-discrimination: Members are reminded that they must not prevent any person from voting in an election, nor criminalise any person, simply because:
- that person possesses or lacks any arbitrary or reductive characteristic, except where such prevention is allowed by prior and standing international law (including future international law on preventing minors from voting) or necessary to ensure that those who are not citizens of a particular member state do not vote in elections organised by that member,
- that person has expressed opposition to their government in a manner that fully complies with international law,
- that person holds any particular job, is generally employed or unemployed, or is a member or a non-member of any trade union, nor simply because
- that person is bankrupt or in debt.
- Good faith compliance: No court or member government may bypass Articles 1b or 1c in relation to any person by any means, including by rescinding their citizenship.
- Non-coercion: Prisons in member states must protect their inmates from being pressured to vote for or against any option, candidate or list of candidates (or to refrain from voting) by any entity employed by them in a manner that seriously impacts those inmates' judgement at any election.
Article 2: Access to Voting
- Equal access for inmates: All members choosing to hold elections must provide voting access to prison inmates equivalent to the voting access enjoyed by non-inmates.
- Constituencies of inmates: Pursuant to Article 2a:
- members which organise their elections on the basis of constituencies rather than a single nationwide district must ensure that those held in prisons within their jurisdiction vote according to the constituency they lived in when they were convicted, and
- prisoners who lived in a particular member when they were convicted, but are now imprisoned in another member, must be allowed to vote according to the nation (and, if required to comply with Article 2b(i), constituency) they lived in when they were convicted.
- Equal access for disadvantaged non-inmates: Members where elections are organised:
- must make all polling stations accessible to people with disabilities,
- must ensure that all ballot papers given to a voter for an election, and all voter registration forms, are provided in a form which that voter can easily understand,
- must allow all persons unable to vote at a polling station on the day of an election, including due to not living in the area that election is being organised for, to request and cast a remote vote for that election,
- are encouraged to allow all eligible voters to request and cast remote votes, and
- are urged to promote voting among all eligible voters.
- Non-interference: No third party may interfere with any voter's casting of a vote at an election.
- Free voter ID: Which forms of identification (ID), if any, must be presented to vote shall be reserved to member states. However, at least one such form must be provided for free on request.
- Automatic and same-day voter registration: Members which require eligible persons to register before voting must allow them to so register on the day of an election; and when issuing a passport, driving license, or any form of free ID described in Article 2e from that member. Article 2f does not require that any form of ID, except those forms of free ID described in Article 2e, be issued unconditionally and/or on the day it is requested.
Article 3: Disclaimer
This resolution does not mandate that elections be organised in any member state.