Krytyka Prawa. Niezależne Studia nad Prawem

The Ballot Paper: a Constitutional Instrument of Electoral Democracy or a Means of Manipulating the Electorate?

Fedorenko, Vladyslav Nesterovych, Volodymyr Bernaziuk, Ian

Research Center for Forensic Examination on Intellectual Property of the Ministry of Justice of Ukraine | Lugansk State University of Internal Affairs named after E.O. Didorenko | V.I. Vernadsky Taurida National University

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Abstract

The article portrays the ballot paper as a constitutional instrument of electoral democracy. The authors argue that the result of an election often depends on the form, the content, and the method of filling out the ballot. It is shown that a ballot is an election instrument of standard form, by means of which a voter votes for candidates and/or lists of candidates, and which later allows to establish the election results. It is concluded that the definition and classification of ballot types has not only theoretical but also practical value. In particular, this issue is of great practical significance in four cases: 1) simultaneous elections of differing types (sometimes including a simultaneous vote at a referendum); election of candidates for elective offices under different types of electoral systems or different types of territorial constituencies; 3) the vote count and establishing the outcome of the election; 4) prosecuting criminals for the illegal use of ballots.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 1 
Issue date 3/2021 
Type Article 
Language en
Pagination 51-79
DOI 10.7206/kp.2080-1084.428
ISSN 2080-1084
eISSN 2450-7938