Legal Definitions - free election

A free election is a fundamental democratic process where eligible citizens can choose their representatives or decide on political issues without coercion, intimidation, or manipulation. It is characterized by several key principles:

• Voters have the right to cast their ballot secretly and without fear of reprisal.
• Multiple candidates or political parties are allowed to compete fairly and openly.
• Voters have access to diverse and unbiased information about candidates, parties, and issues.
• The voting process itself is transparent, secure, accessible to all eligible citizens, and free from fraud.
• The results are accurately counted, publicly verifiable, and respected by all participants.

Here are some examples illustrating the concept of a free election:

• Example 1: A Transparent National Election

  In a national election, citizens are able to register to vote easily, and multiple political parties are permitted to campaign openly across the country, holding rallies and debates. Voters cast their ballots in secret at polling stations monitored by independent observers from various organizations. The national media provides balanced coverage of all candidates, and the final vote count is publicly audited by an independent commission before the results are officially certified.

  This scenario illustrates a free election because it includes elements such as accessibility for voters, multiple choices among candidates, the protection of a secret ballot, transparency in the voting process, and an informed electorate due to diverse media coverage and public auditing.

• Example 2: Suppression of Opposition and Voter Intimidation

  Consider a local mayoral race where the incumbent candidate uses their position to intimidate opponents, preventing them from holding public rallies and threatening local businesses that display their campaign signs. On election day, poll workers, who are known supporters of the incumbent, are observed questioning voters about their choices before they enter the voting booth, creating an atmosphere of fear.

  This situation demonstrates the *absence* of a free election. The intimidation of opponents undermines fair competition, and the questioning of voters at the polls violates the principle of a secret ballot and freedom from coercion, preventing citizens from making a choice without undue influence.

• Example 3: Restricted Information and Non-Verifiable Voting Systems

  During a national referendum on a new environmental policy, the government heavily restricts access to information from groups opposing the policy, while widely disseminating only pro-policy advertisements through state-controlled media. Furthermore, the electronic voting machines used are proprietary, meaning their software cannot be independently audited or verified for accuracy by election watchdogs or the public.

  This example highlights a lack of a free election because voters are denied access to diverse and balanced information necessary to make an informed decision. Additionally, the non-transparent and non-auditable nature of the voting technology compromises the integrity and trustworthiness of the vote count, undermining the principle of a fair and verifiable process.