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Spoiling votes

  • 11-10-2012 5:57pm
    #1
    Howlin
    Registered Users Posts: 199 ✭✭


    Hi

    A friend said that in our Constitution it says that we have a right to spoil our vote. I am wondering where does it say that in the constitution as I can't find it anywhere or is he lying?


Comments

  • #2
    sceptre
    Registered Users, Registered Users 2 Posts: 19,608 ✭✭✭✭sceptre


    It doesn't. Whether a voter should or shouldn't have the right to express dissatisfaction with the available options is another issue entirely, of course, but the constitution of Ireland doesn't say anything about it. Your friend could be lying or he could be mistaken but, either way, he's wrong.


  • #3
    oscarBravo
    Technology & Internet Moderators Posts: 28,820 Mod ✭✭✭✭oscarBravo


    I'm guessing it's the standard confusion between having a right to do something, and it not being illegal to do it. I have a right to vote, which means it can't be made illegal for me to vote. I don't have a right to spoil my vote, and it's arguable that a law (which would, of course, be unenforceable) could be introduced making it illegal to do so.


  • #4
    gizmo555
    Closed Accounts Posts: 2,948 ✭✭✭gizmo555


    Article 12.2.3 says that voting "shall be by secret ballot", which perhaps the OP's friend is interpreting as implying the right to spoil your vote. That would be reasonable enough, at least with paper-based voting, since it means no-one has the right to inspect your ballot paper before you cast your vote.

    The late and unlamented e-voting system, however, was designed so that you couldn't spoil your vote. The nearest thing to it in e-voting would have been if you didn't press the "cast vote" button, which would be like leaving your ballot paper blank. However, the polling station official would have to deactivate the machine if you did this and would know you hadn't voted.

    Would this have been a contravention of the constitutional requirement that voting be done secretly?


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