ELECTION LAW JOURNAL Volume Number Mary Ann Liebe - PDF document

problem of displaced voters than in Bosnia-flict in the Balkan region generated hundredsof thousands of refugees and internally dis-placed persons (IDPs), most of whom werefrom the territory of Bosnia. The evolution ofBosniaÕs electoral procedures, born out ofplaced voters and the difficulties of maximiz-In the article, we assess the Bosnian experi-yond the Balkans. The article is divided intothree parts. First, we review extant literature onenfranchising special needs voters. Second, wediscuss the case of Bosnia, outlining the elec-tion laws designed to meet the needs of dis-placed citizens and the process of developingan election law. Third, we address the evolu-tion of these rules in several categories (barri-information, and the maintenance of a secureenvironment promoting a free and fair contest),focusing on implementation. This section es-ploring the treatment of refugees and IDPs inScholarship on special needs voting gener-ally addresses how voting technology, ballotdesign, and other features of election adminis-fined to homes or institutions, precluded byemployment from voting in-person, speakerstors is addressed in several sources (March andOlsen 1995, Dahl 2000, Hall 2003, Wall 2003).cial needs voters often raise concerns about sys-tematic error in elections introduced by ma-der special conditions are often those who relyon the state for their well-being and are subor-searchers downplay the likelihood of fraud in established democracies (Southwell and2000 presidential elections in the United Statescally affected the vote, artificially inflating sup-al. 2001; Wand et al. 2001; Brady et al. 2004).voting instruments are more likely to generateovervotes or otherwise misrepresent votersÕ in-nority and elderly voters (Knack and Kropf ENFRANCHISING DISPLACED VOTERS 355 For simplicity, Bosnia-Herzegovina will henceforth beSome scholarship has specifically addressed how certainconducive to increasing turnout of the homebound, el-derly, or disabled. Also, in emerging democracies wheresecurity is in question, military and police forces are of- Displaced voters present election adminis-the challenges presented by other special needsThe displaced are generally enfran-precincts, at specially designated precincts else-ature specifically addressing displaced voterspation of refugees and IDPs in just one electionthe discussion of displaced voter accommoda-ganizations, specifically the Participatory Elec-tions Project (PEP) and its successor thehave produced case studies and a list of rele-vant information about election issues forrefugees and IDPs.have produced a document containing recom-of refugees and IDPs in elections (Fischer andingÑthe needs of refugees and IDPs is reflectedtions. They called the Out-of-Country Voting(OCV) program a Ò ... singular achievement,particularly since OCV is not a required prac-tice, even in long-established democraciesÓcenter of international and domestic efforts toestablish post-conflict democratic standards inIN BOSNIA-HERZEGOVINAEconomic hardships and the fading hold ofcommunism eventually led to the breakup oflooked to expand its borders to include ethnicSerbs not already living within them. Afterclaimed thousands of lives. This war endedBosniaÕs declaration of independence fromexternal aid, launched an ethnic cleansing cam-ciety. GroupsÑgenerally mono-ethnicÑfled orwere forced to flee as a result of the ethnicplaced: approximately 1.2 million refugees fledAs a result of the ethniccleansing campaign, BosniaÕs once multi-ethnic PRATHER AND HERRON 356 of the same difficulties of displaced voters and thus re-quire similar accommodations. Elections in AfghanistanCouncil elections with some focus on the issues faced ternational Organization for Migration (IOM) and fundedhttp://www.geneseo.edu/Another project directed by researchers at the BrookingsInstitution and Johns Hopkins University has focused onhttp:// formal agreement in December. A NATOpeacekeeping force (IFOR) and other interna-divided the task of implementing the peace ac-cords. The NATO peacekeeping force was re-ring military and paramilitary groups, whileother organizations managed civil reconstruc-The Dayton Peace Accords (DPA) providedmunity could approach the issue of elections... ensure that conditions exist for the or-ganization of free and fair elections, in-particular a politically neutral environ-tion; shall ensure freedom of expressionand of the press; shall allow and encour-age freedom of association (including ofpolitical parties); and shall ensure free-responsibility of election implementation andoversight. The OSCE established the Provi-sional Election Commission to ensure compli-ance with the DPA and to create regulations fa-cilitating free and fair elections.Article IV of the DPAÕs Annex 3 details theparticipate in the elections. It extended suffrageto administering elections in the territory wasthe displaced population. The DPA set forth theA citizen who no longer lives in the mu-nicipality in which he or she resided inson is determined to have been registeredOne of the more controversial aspects of thisclause was the connection of political partici-pation to return to oneÕs former place of resi-citizen confirms Ò ... his or her intention to re-day, the return of refugees should already bein person in elections in Bosnia and Herzegov-(Annex 7) of the DPA is devoted to refugeesconcern is with the return of refugees, thisImplementing the provisions provided in thefrequently the source of more conflict. Theprovisions were made to prevent people fromrunning for office or voting in the election if ENFRANCHISING DISPLACED VOTERS 357 displaced persons have the right freely to return to theirto them property of which they were deprived in thereturn of refugees and displaced persons is an importantHerzegovina. The Parties confirm that they will accept thereturn of such persons who have left their territory, in- return of the displaced. However, in the east-ern part of the country the powerful Serbiantempts. Due to ethnic cleansing operations dur-to those who did not want them to re-settle intheir former homes. Thus, although return wastimes dangerous.return without security conditions supportingreturnÑwas confronted three years later bythose debating the draft electoral law put forthby the OSCE. From 1996Ð2000, the OSCE ad-deemed necessary by the Provisional Electionformal election law, the OSCE and the Officeof the High Representative for Bosnia-Herze-sented a draft law to the Bosnian legislature inlow displaced persons to choose their votingthe right of the displaced to vote in oneÕs pre-current residence. They did not wantthe new electoral law to encourage the dis-placed to vote in their current residences, be-ization of increasingly distinct ethnic regionsdrafted the law did not want to risk disenfran-they were an ethnic minority.parliament eventually passed a PermanentElection Law in August 2001. The PermanentElection Law transferred the electoral respon-sibilities from the OSCE to Bosnian governingready implemented some of the newprovisions, the election law codified them.deals exclusively with the issue of refugee andPermanent Election Law, Òdisplaced personÓrefers to an vote under this article, shall register de-chooses, for the municipality where he orshe had a permanent place of residence ac-cept in the case where this person can pro-manent residence in accordance with thelaw, in the period from the last CensusHerzegovina until this person acquirednicipality where this person has currentresidence and provides proof that he orshe has registered as a current resident atleast six (6) months prior to the electionThe election law points out that a currentever, this residence is acknowledged as tempo-However, it does not mention current residencebecause refugees could not vote in their currentresidence. The Permanent Election Law codi-fied practices already in progress, displeasingthose in favor of ethnic reintegration. PRATHER AND HERRON 358 9By August 2000, minority movements were slight; only360,000 of the more than one million Bosnian refugees hadreturned to Bosnia (Black 2001, 186). Other controversial provisions included athat eliminated theright to vote in a current residence by personsthat eliminated the right to runfor office by persons who are occupying prop-to ameliorate the situation of improper residen-Representative 2000). Thus, as the new electiontimately was included in the Permanent ElectionFollowing the 2004 elections, new proposalsemerged to modify the existing law. The As-sociation of Election Officials in Bosnia andCommission. The Venice Commission helpedto formulate the draft law that eventually be-came BosniaÕs Permanent Election Law and putmove from active to passive registration. Thenew process is described in Chapter 3 of theamended election law.In brief, the new process requires citizens toapply for an ID card with the Citizen Identifi-need to register before each election. Citizensbecomes necessary (European Commission fornew process does not simplify registration forplace of current residence or their 1991 munic-ipality (European Commission for DemocracyREVIEW OF ELECTIONS AND THEtional and local offices (see Table 2). The insti-tutional rules governing these elections havethe challenges of satisfying the demands ofBosniaÕs executive branch is divided intothree seats; one dedicated to a representativelika Srpska select the Serb representative. Thisunusual method of representation in the exec- ENFRANCHISING DISPLACED VOTERS 359 right to vote in the place of current domicile, until s/heregister to vote only in the municipality where s/he hadthe permanent residence in accordance to the last Censusment where a refugee or displaced person has an occu-der the administration of the municipal administrativeauthority responsible for housing or responsible body ofthe RS Ministry of Refugees and Displaced Persons foruse as alternative accommodation. ... Ó (Election Law ofFor an assessment of institutional decisions in Bosniaand how they reflect different theoretical approaches to 1.SUMMARYOFEFUGEEANDIDPIIssue (Section of 2001 Law)2001 Legal Provision*Right to vote from abroad (Article 1.5,A citizen residing abroad, either temporarily or as a refugee, has theArticle 3.4, Article 3.13)right to register and vote in the municipality where he/she isregistered as a permanent resident.Freedom of Movement (Article 1.11)Competent authorities will ensure that no obstacles impede freedomRegistering to vote (Article 3.4, The Election CommissionArticle 3.11, Article 3.13)procedure for the entering of voters into the Central Voters Registeroutside the territory of BosniaThe citizen must provide proof ofbefore each subsequent election. A citizen who returns before theRight to vote in 1991 residenceA voter must cast his/her ballot at the Polling Station where he/she is(Article 5.12)registered. However, if the voter has the right according to the lawIdentification documents requiredThe voter shall provide one of the following that contains a photo:(Article 5.12)identification card; passport; driverÕs license; military identificationName absent from Central VotersIf one returns to Bosnia after having registered to vote from abroadRegister because one registered outand cannot find his/her name on the final votersÕ register, then theof country and has now returnedvoter will be allowed to vote by tendered ballot, will add his/her(Article 5.18)name to a special form to be signed by the voter, and will haveRight to vote by mail (Article 5.21)A citizen who has the right to vote and is abroad may vote by mail.The Election Commission shall regulate this process.Validity of mail vote (Article 5.28)The ballot must be delivered to the Election Commission by postalcopy of the identification documents required in Article 5.12.Right to vote in permanent ORcurrentA citizen who is a displaced person has the right to register and toresidence for IDPs (Article 19.8)vote in either his/her residence according to the lastCensus unless he/she can provide proof that this permanentRight to vote in permanent ORnewAn enfranchised citizen who is a refugee may register and vote inpermanent residence for refugeesthe municipality where he/she has permanent residence according(Article 19.8)to the last Census, unless he/she can provide proof that thispermanent residence has changed.Occupancy right and votingA citizen of Bosnia who occupies a house while an enforcement (Article 19.8)document is issued, may not vote in the place of current domicile,only vote in the municipality where he/she has permanentCessation of the special rights given toThe High Representative will determine when the special rights ofrefugees and IDPs (Article 19.8)refugees and IDPs will end. The following will be considered whenProtection of property rightsNo person may stand as a candidate or hold an elected position who(Article 19.9)fails to vacate the real estate property owned by a refugee or IDP,Displaced Persons. A deadline must be specified by either anadministrative decision, an enforcement decision pursuant to a least 30 days notice.*all 2001 provisions taken from Election Law of BiH (2001). utive provides each ethnic group some directrepresentation, and encourages, at least in prin-ciple, the pursuit of moderate policies.Institutional efforts to provide descriptiverepresentation are also present in the rules forpal level, are selected using the mechanics ofproportional representation.appealing to nationally/ethnically-defined con-stituencies have dominated the post-war Bos-nian electoral scene.their ethnic brethren. While these parties haveperformed reasonably well in post-conflictelections, their vote share has declined overcessionist rhetoric to galvanize their followerselections. In order to register candidates for theparty platforms on four main issues: refugee re-the elimination of candidates from party lists.In general, the partiesÕ greatest concerns in theturn of refugees, and the increasing number ofened programs aimed at providing technicalclined over time, they continue to enjoy signif-wide range of parties and coalitions contested ENFRANCHISING DISPLACED VOTERS 361 2.ELECTIONSIN YearElection2006*National Parliament, Collective Presidency, and Local Offices2004Local Offices2002National Parliament, Collective Presidency, and Local Offices1998National Parliament, Collective Presidency, and Local Offices1997National Assembly (Republika Srpska)1997Local Offices 1996National Parliament, Collective Presidency, and Local Offices (1997a, 1998, 2003, 2005, 2007), Pugh and Cobble (2001),how groups engaged in conflict evolve in post-war poli-moderate) and competition increased within ethnic com-munities. The leading Serb party (SDS) faced challengesfrom the Alliance of Independent Social Democrats, andstrengthen these political parties for a summary of thishttp://www.accessdemocracy.org/library/379_ the Permanent Election Law and with un-precedented involvement by Bosnian officials.The administration of the election was largelytinued election of nationalist parties did littleMore recently, Bosnia conducted its first self-administered elections in 2006. Some of themost significant competition involved partiesThe Party of Democratic Action, the party thatpetition focused on ethnic security issues hasdone little to alleviate impediments to refugeetem have been open to manipulation.The previous sections noted how formal in-stitutional requirements proposed to accom-dresses the implementation of the formal re-quirements on the ground. While officialmechanisms were codified to enfranchise vot-function. We address four areas of implemen-tation: procedural requirements for registrationcast meaningful ballots, security arrangementsefforts to undermine manipulation and fraudan exhaustive review of all elections, it willcomment on how accommodations for dis-The process of voter registration and the ac-problem in nearly all of BosniaÕs post-Daytonelections. An accurate and transparent voterin an electoral system while protecting the sys-tem from attempts at fraudulent voting.lems associated with voter registration for thedisplaced include lack of appropriate docu-mentation, lack of information concerning howcounter widespread manipulation of voter res-The OSCE acknowledged in its final report ondisplaced persons who legitimately had currentsaw no change to the documentation require-ued to be disenfranchised because of registra- PRATHER AND HERRON 362 The dominant three nationalist parties faced greater in-tra-ethnic competition with significant consequences. ForThis sentiment is echoed in several of the documentsrelating to standards for free and fair elections put forthrelating to standards for free and fair elections put forthof the individual right to vote flows the necessity of voterregistration machinery without which, in many cases,there would be no effective exercise of the right. Pro-of the Guiding Principles on Internal Displacement states:where as a person before the law. ... To give effect to thisright for internally displaced persons, the authorities con-exercise and enjoyment of their legal rights ... without document, and evidence of their voter regis-eleven percent of the out-of-country voterstation. While electoral authorities must useoff fraud, strict measures may disenfranchisechanging registration from active to passive,ID card now required for registration. How-tendered ballot. Thus, while the election lawcontains strict documentation requirements,the Central Election Commission interpretedrequired to apply several months before therent residenceÑby the same deadline. TheIn addition to the documentation require-ments, refugees and IDPs often lacked ade-quate lead time to receive information aboutgather the required materials and then eithertravel to absentee polling stations or send theirthat the under-funding of the OSCE electionadministration caused delays to the beginningthree months before the September 14 elections,ers in over 64 countries. To register this largenumber of refugees in such a short period ofThis problem was eventually remedied by theOSCE through amendments to the election lawThe third issue with voter registration is theplexity of the registration process for refugeesThis problem was particularly severe duringnoted, many refugees were disenfranchiseddue to an unorganized and hurried registrationperiod. IDPs, however, encountered greatertions, the OSCE set up remote polling stationstheir 1991 residences. However, fifty percent ofall voters in the Federation could not find theircould not find their names on the final votercrossed the Inter-Entity Boundary Line. Due tothat this disenfranchisement did not affect theoverall outcome of the elections. ENFRANCHISING DISPLACED VOTERS 363 refugee voters could not be registered in time and werethus disenfranchised (1996b).this disenfranchisement would have affected the local re- in 55% of monitored precincts in the 2006 elec-tions, OSCE observers witnessed voters deniedThe final procedural issue that disenfran-ministration of absentee polling stations. Thecast their ballots in their permanent residence,as opposed to their current residence, but couldnot make the journey. Likewise, for refugeewere too small, resulting in both security issueswith mail-ballots, particularly inconsistent de-age of completed ballots from out-of-countryvoters in violation of appropriate procedures.The Central Election Commission returned theballots to voters, allowing them to re-send theirvotes instead of declaring them invalid. In ad-dition, the Central Election Commission de-lots ostensibly from out-of-country voters butRefugee and IDP isolation from the homecommunity complicates their acquisition ofcandidates in competition. While election ad-ministrators have greater responsibility for dis-seminating information about the former andcritical for the implementation of free and fairprocedures is a more acute problem than ac-displaced at the time of the first elections, par-disseminate information to refugees and IDPs.nign, it also manifested sinister characteristics;IDPs into selecting a certain municipality inserved that several of the provisions in thecess to the media (Conference for Security andproblems with information reaching the dis-which voters from the Federation were notlisted on the final voter list and officials did notprovide accurate information to correct the PRATHER AND HERRON 364 freedom of expression including the right to communi-cation. This right will include freedom to hold opinionsinterference by public authority and regardless of fron-tiersÓ (Conference for Security and Cooperation in EuropeMinority return has had a positive effect on political Commission of Bosnia-Herzegovina is re-quired to Òpublicize all Rules of Procedure,Regulations and election results, voter infor-mation and all other information necessary forthe implementation of this law and all electoralina as appropriate. ... Ò (2001, 5). In practice,however, refugees and IDPs still found them-selves receiving incorrect information or no in-tions were in charge of verifying the absenteetaken from the envelopes and examined, 9.7percent were deemed invalid. The OSCE callsand suggests that this problem calls into ques-post-conflict elections is voter security. Post-conflict societies can be fragmented or polar-Refugees and IDPs are particularly vulnerablesalient if a proper network of law enforcementprotect minorities or the displaced.problems related to limited freedom of move-turn to their pre-war residences with the op-tion of voting in oneÕs current residence to beused only in the most extreme circumstances.This commitment resulted in the provision ofcould not return, election administrators pro-vided absentee polling stations on the borderof the two entities and elsewhere.refugees and IDPs still faced barriers to theirOSCE provided secure transportation alongnineteen routes for those who wished to crossplaced persons chose this option. Officials hy-pothesized that voters who in July declareding in their decision not to traverse it on elec-lack of information concerning their provisionincrease the international presence and securitymeasures in order for a proper environment to ENFRANCHISING DISPLACED VOTERS 365 any kind of violence in conjunction with elections. The necessary materials. Inadequate securityResolution of the security problem has comeSubsequently, security and free-dom of movement improved. The OSCE com-authorities at all levels. ... Displaced personswere free to return to their pre-war municipal-nalized the maximum amount for a campaignsong using nationalism to incite violence andhatred. Although these inflammatory instancesoccurred, the OSCE report did not note subse-of particular concern to refugees and IDPs.Some scholars have suggested that refugeesand IDPs can become targets if election officialsseparately from other votes (Fischer and Gracecounting. While this policy should minimizerisk if implemented properly, other problemsarose concerning security of the vote. AbsenteeAbsentee ballots were printed on both sides ofcealing his or her identity and vote from elec-several elections, Bosnia experienced delays inthe counting of absentee ballots which resultedof the elections. Delays potentially undermineelection, however, the security situation hadstabilized and reports of voter intimidation ora tense environment in polling stations weretheir unique position of not having a perma-nent residence. By far, the most controversialand their current residences in the case of IDPs.This provision opened the elections up to ma-nicipality through intimidation and coercion.Despite standards calling for elections free ofsubstantial evidence of manipulation emerged PRATHER AND HERRON 366 penalty process.The 2006 elections again experienced delays in thepredicted this delay would affect public confidence in thetion Officials addresses this issue of intimidation and co-pel him to participate or not to participate in electionsparty (coalition) or prevent a voter from freely express-taken part in the voting. ... Ó (2002, 1). were specifically targeted for coercion; most ofthe observed intimidation involved Serbs fromelections, this manipulation went unpunishedmentions nothing of this manipulation, onlytempted different measures to prevent this typeof manipulation, including raising the stan-As already noted in the section on procedures,of documents required for them to registerVoter Registration Centers ethnically mixed toavoid coercion of certain ethnicities to vote inachieved in the Federation and helped to limitthe Republika Srpska remained Serb-domi-nated, resulting in the intimidation of displacedSerbs to register to vote in certain municipali-Another harmful technique used to manipu-for the displaced until they agreed to registeror vote in a certain location. Refugees residingmost likely to experience this kind of manipu-elections reports that those who did not regis-ter to vote in the municipalities preferred byvices. For instance, in order to register theirwould be requested to present their voter reg-lowed unrestricted access to the refugee popu-lations in Croatia. One claim against the partysands of Bosnians residing in Croatia solicitingtheir support and encouraging them to registerto vote in the Bosnian election. Another alle-rules regarding campaigning in the BosnianIDPs faced significant obstacles to their freeparticipation in elections. Manipulation is ation of refugees and IDPs needs to be moni-The most effective measure taken by theclearly identified as having a role in the ma-nipulation of the displaced. The Electoral Ap-ishing the offending parties. This punishmentmost often consisted of striking candidatesfrom party lists. According to the OSCEÕs finalmost serious manipulation of registration oc-curred in Brcko and Zepce and intimidation ofregistrants was also penalized in the cities oftal were struck from party listsÑnineteen from ENFRANCHISING DISPLACED VOTERS 367 served perpetrators of manipulation. eleven from the party list of the Serb Democ-nipulation of voter registration was experi-struck from any party list being those of theengaging in this sort of punishment provides anipulation conducted by their parties.very few cases were reported of undue influ-tionsÑthe first solely administered by BosnianauthoritiesÑdemonstrating Òfurther progressÓThe experience of BosniaÕs refugees and IDPssheds light on the question of how to protectdisplaced voters in electoral laws. There are afew specific successes to take from the Bosnianexperience. First, Bosnia, like other countriesdealing with conflict-forced migrants, wasforced to decide where to allow the displacedthe municipality in which they cast their votegives them greater freedom and ultimately in-creases the likelihood of their participation.Second, BosniaÕs Permanent Election Law waswhich to return, then the problem of creatingvote of someone without a home is renderedelectoral law that protected the voting rights ofrefugees and IDPs in BosniaÕs elections than inmost countries in which it has involved itselfin post-conflict reconstruction.ence points to the potentially beneficial role ofexternal organizations in addressing the chal-lenges facing displaced voters.Despite these successes, BosniaÕs experiencealso illustrates the need for safeguards in anelectoral process that includes refugees andwith procedures, information, security, andmanipulation will increase the ability forprocess. Their ability to freely participate is crit-democratic process and the resolution of theirplacement is an on-going phenomenon. Elec-elections. Moreover, out-of-country voting forarranged in fourteen countries (InternationalMission for Iraqi Elections 2005). Despite thesefor IDP voters are not mentioned in official re-sues of procedural and logistical barriers toelections. BosniaÕs electoral history illustratesrefugees or IDPs. Yet, BosniaÕs experience alsopoints to potential solutions to the problem of PRATHER AND HERRON 368 ternational Mission for Iraqi ElectionsÕ election report on http://www.venice.coe.int/docs/2003/the Individual Consequences of Voting-By-Mail Sys-Bosnia-Herzegovina: Missing Link, or Mistaken Prior-Cambridge University Press.http://www.accessdemocracy.org/library/1049_http://www.osce.org/of ethnic cleansing: The international community andthe returns process in post-Dayton Bosnia-Herzegov-http://www.ohr.int/dpa/default.asp?content_idhttp://www.aeobih.com.http://www.venice.coe.int/docs/2006/CDL-ELhttp://www.geneseo.edu/ing Technology Project: http://www.vote.caltech.http://aceproject.org/ace-en/topics/ve/http://www.crisis-http://www.crisisgroup.org/http://www.crisisgroup.org/home/index.cfm?http://www.crisisgroup. ENFRANCHISING DISPLACED VOTERS 369 tion of the Out-of-Country Voting Program for the Jan-http://www.imie.ca/rep_OCV.htmland peace: refugees, internally displaced persons, andhttp://www.ifes.org/publication/024df7ba77f3bae8of Electoral Engineering.Ó Disenfranchised: Internally Displaced Persons andhttp://www.accessdemocracy.org/showdoc.asp?langerty claims resolved throughout BiH.Ó Press releasehttp://www.ohr.int/ohr-dept/presso/pressr/default.the Office for Democratic Institutions and Humanhttp://www.osce.org/item/1691.htmlhttp://www.osce.org/item/1367.htmlhttp://www.osce.org/item/1355.htmlport on the municipal elections in Bosnia and Herze-http://www.osce.org/item/1369.htmlMay 21, 2005, from http://www.osce.org/item/1365.http://www.osce.org/item/1371.htmlhttp://www.osce.org/item/1361.htmlport on Municipal Elections in Bosnia and Herzegov-http://www.osce.org/item/4243.htmlhttp://www.osce.org/item/20826.htmlhttp://www.osce.org/item/23206.html PRATHER AND HERRON 370 22, 2006, from http://www.forcedmigration.org/United Nations Office for the Coordination of Humani-http://United Nations Office of the High Commissioner for Hu-http://193.194.http://aceproject.org/ace-en/topics/vo/voa/voa02/Blake Hall ENFRANCHISING DISPLACED VOTERS 371 HEQUALITYof elections is measured notare marginalized in the polity. Election legisla-tion in democratic states often includes specialmany countries also confront the challenge ofvoters displaced from their homes, and by ex-tension, from their polling sites.New Orleans diaspora created by HurricaneKatrinaÑhas been a critical concern for elec-lished democratic states, who face severaltions. The eligibility of voters must be con-firmed, sometimes without documentationestablishing identity or place of residence.and constituency-basedÑeven though theymay no longer be residents in those districtsdue to displacement. Special polling sites mayAll of these arrangements must ensure thatenvironment, free from violence and intimi-Perhaps nowhere in the world has more Lauren Prather is a Project Assistant at Jenner & BlockLLP. Erik S. Herron is Director of the Center for Russian,East European and Eurasian Studies and Associate Pro-fessor of Political Science at the University of Kansas.