Legal Definitions - free and equal

The term free and equal, when applied to an election, describes a process designed to ensure that all eligible voters have a genuine and unhindered opportunity to cast their ballot, and that every vote cast carries the same weight and influence in determining the election's outcome.

• Example 1: In a municipal election, the city ensures there are numerous polling stations conveniently located across all neighborhoods, including accessible options for individuals with disabilities. Polling hours are extended to accommodate different work schedules, and there are no reports of voter intimidation or harassment at any voting site.

  This illustrates the "free" aspect by demonstrating that voters have a reasonable and unhindered opportunity to participate, free from physical barriers or undue pressure.

• Example 2: During a statewide ballot initiative, election officials meticulously verify that each valid ballot submitted is counted as one vote, regardless of the voter's income level, residential district, or political affiliation. There are no provisions for certain votes to be weighted more heavily than others, and the final tally accurately reflects the sum of all individual votes.

  This highlights the "equal" aspect, ensuring that every vote cast has the identical effect and value in determining the initiative's result.

• Example 3: A national election is considered free and equal when the government provides comprehensive voter registration drives, ensures secure and accessible voting methods for all citizens (including absentee voting for those abroad), and implements strict laws against campaign finance abuses or media censorship that could unfairly sway public opinion. Furthermore, the electoral system guarantees that each vote contributes equally to the final outcome, without any form of gerrymandering or disproportionate representation that diminishes the power of certain populations' votes.

  This example combines both elements: the "free" opportunity to vote without undue influence or obstacles, and the "equal" assurance that each vote genuinely counts the same towards the election's final decision.