OSCE/ODIHR final report on United States mid-term congressional elections recommends measures to ensure all citizens have the right to vote and be represented

The final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on the 6 November 2018 mid-term congressional elections in United States recommends that representation rights be provided for citizens resident in the District of Columbia and United States overseas territories.

The report, published on 13 February 2019, also recommends that restrictions on voting rights for persons with criminal convictions be reviewed to ensure that limitations are proportionate and that those rights be restored upon completion of sentences. It further recommends that the deprivation of the right to vote for persons with intellectual disabilities or those under guardianship be based on individualized assessments.

Lack of agreement in Congress to update a key aspect of the 1965 Voting Rights Act diminishes its effectiveness in safeguarding against discrimination on racial or linguistic grounds. Highlighting the need to ensure the right and opportunity of all citizens to vote, the report recommends that Congress update the formula for determining jurisdictions to be subject to Section Five of the Voting Rights Act, in line with the relevant Supreme Court ruling.

Noting that drawing the boundaries of electoral districts should respect the equality of the vote, not discriminate against any group and be free from political influence, the report recommends establishing independent bodies for this purpose, well in advance of elections.

The report states that campaign finance rules do not guarantee full transparency, and recommends that federal legislation be amended to require disclosure of the sources of funding for all non-profit organizations that engage in campaign activities.

The report also recommends that effective measures be put in place to ensure the safety of journalists and media, including protection against threats, intimidation and attacks.

Taking note of the robust technical support and co-ordination mechanisms that enhanced preparedness for cyberattacks, the report recommends providing sufficient and sustainable funding to replace aging voting equipment and improve cyber security.

While noting that election observation is regulated by individual states, the report highlights instances where observers were not allowed and recommends that legislation guarantee access to international observers invited by the United States authorities for all stages of the electoral process, in line with OSCE commitments undertaken by the United States Government.

Additional recommendations relate to improving the transparency of campaign finance, the secrecy of the vote, the participation of voters with disabilities, ballot access, early voting and the administration of elections. The report affirms ODIHR’s readiness to support the United States in its efforts to bring electoral legislation and practice further in line with OSCE commitments.