Invoting,aballotis consideredspoilt,spoiled,void,null,informal,invalidorstrayif a law declares or anelectionauthority determines that it is invalid and thus not included in thevote count.This may occur accidentally or deliberately. The total number of spoilt votes in a United States election has been called theresidual vote.[1]In Australia, such votes are generally referred to as informal votes, and in Canada they are referred to as rejected votes.

Spoilt ballot paper from the2016 Kazakh legislative electionreading "Бойкот Выборам" which meansBoycott the elections.
Spoilt ballot paper from the 2021 UK Police and Crime Commissioner Elections

In some jurisdictions spoilt votes are counted and reported.

Types of spoilt vote

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A ballot may be spoilt in a number of ways, including:

  • Failing to mark the ballot at all (blank vote), or otherwise defacing the ballot instead of attempting to vote.
  • Filling out the ballot in a manner that is incompatible with the voting system being used, e.g.:
    • Marking more choices than permitted (overvoting), or fewer than necessary (undervoting).
    • Filling apreference ballotout of sequence, e.g. 1-2-2-3-4 or 1-2-4-5-6, 1-4-2-4-5. In most cases, only the first two choices in these examples would be counted as valid.
    • Adding awrite-in candidatewhen such an option is not permitted. The vote for this candidate would be discarded.
  • Filling the ballot in a manner that makes the voter's decision unclear.
  • Physically deforming ballots, especially those counted by machine.
  • Making marks on the ballot other than those necessary to complete it, from which the voter's identity can be ascertained, compromising thesecrecy of the ballot.

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]

Replacement ballots

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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,aspoiled ballotis 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.

Intentional spoiling

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A voter may deliberately spoil a vote, for example as aprotest vote,especially incompulsory votingjurisdictions, 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 anelectoral 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 inAustralian federal elections,it was briefly illegal to advise voters to fill out their ballots using duplicated numbers.[6]Albert Langerwas jailed for violating aninjunctionnot to advocate incomplete preference voting for the1996 Australian federal election.[6]

During the2021 Hong Kong legislative elections,pro-democratic supporters urged voters to cast spoilt ballots or not vote in the election in protest of therewriting of election rulesby 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.

Unintentional spoiling

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Voter instructions are usually intended to minimize the accidental spoiling of votes.Ballot designcan 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 complicatedelectoral systemsmay be more prone to errors.Group voting ticketswere introduced in Australia owing to the high number of informal votes cast insingle transferable vote(STV) elections, but have since been abolished in allstates and territoriesaside fromVictoria.When multipleIrish STV electionsare simultaneous (as forlocalandEuropeanelections) 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 aSupreme Courtcase in 2015 ruled they were invalid.[8]

The United StatesElection Assistance Commission's survey of the2006 midterm electionsreported 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 mostDRE voting machinescan notify voters of under-votes and over-votes. TheHelp America Vote Actrequires 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 asnuisance candidateswhose name manage to get printed in ballots were considered stray votes prior to the2013 elections.[11]A particular type of nuisance candidates runs "to cause confusion among the voters by the similarity of the names" with abona fidecandidate for the same office.[12] Since the 2013 elections, votes for these class of nuisance candidates are transferred to theirnamesakebona fidecandidate as valid votes.[11]

See also

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References

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  1. ^Caltech/MIT Voting Technology Project,Residual Votes Attributable to Technology: An Assessment of the Reliability of Existing Voting Equipment,version 2, 3 Mar. 2001,http:// hss.caltech.edu/~voting/Caltech_MIT_Report_Version2.pdf
  2. ^"REPRESENTATION OF THE PEOPLE, ENGLAND AND WALES The Local Elections (Principal Areas) (England and Wales) Rules 2006"(PDF).
  3. ^See, for example,Kentucky Revised Statutes 117.385,effective July 15, 1982
  4. ^Canada, Elections."Elections Canada - Home Page".Elections Canada.Retrieved2020-07-21.
  5. ^See, for example,Determining the Validity of Optical Scan Ballot Markings,Michigan Bureau of Elections, May 27, 2004.
  6. ^abAustralian Electoral Commission (30 August 1996)."ADVOCACY OF OPTIONAL PREFERENTIAL VOTING".Retrieved18 December2015.
  7. ^"Activists in Hong Kong plan not to vote or to cast blank ballots in upcoming election".NPR.org.Retrieved2022-07-07.
  8. ^"Supreme Court orders recount of votes in Listowel".RTÉ News.RTÉ.ie.17 December 2015.Retrieved17 December2015.
  9. ^"Appendix B".2006 Election Administration and Voting Survey(PDF).pp. 52–55.
  10. ^Help America Vote ActSection 301(a)1(A)(iii)
  11. ^ab"Comelec sets rules on 'stray' votes for nuisance candidates".RadyoNatin.2 January 2013.Retrieved20 October2024.
  12. ^Sampang, Dianne (17 October 2024)."Comelec explains grounds for declaring nuisance candidates in elections".Philippine Daily Inquirer.Retrieved20 October2024.