Public Responsibilities for Electoral Fraud Beyond Correlative Rights and Duties
(2015) 31(81) Utrecht Journal of International and European Law 17
16 Pages Posted: 18 Sep 2015
Date Written: September 17, 2015
This article develops the notion that a government has a public responsibility to prevent electoral fraud in a way that extends beyond the protections conferred by an electorate’s directly correlative right to voting freedom. Focusing on electoral freedom and voter fraud in electoral systems, it presents theoretical arguments for holding governments responsible arising from the incomplete or unclear nature of juristic rights, powers, and duties. It holds that such public responsibilities are functionally necessary, in the interests of a truly inclusive participatory democracy. The article uses illustrations of fair elections globally, and in the United States in particular, including the divided 2014 US Supreme Court decision, US v. Texas, in which the majority denied the right to vote to prisoners and parolees who are disproportionately represented by ethnic minorities.
Keywords: electoral fraud, electoral freedom, fraud, juristic rights, public responsibility, participatory democracy, US, Supreme Court, US v Texas
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