protest votes

8/12/2019 Protest Votes

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PROTEST VOTES IN EUROPE

Legal Memorandum

January 2014


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Protest Votes in Europe, January 2014


Executive Summary

The purpose of this memorandum is to analyze European state practice in

the use of protest voting options, which provide voters the ability to voice general

or specific dissatisfaction with the choice of candidates, the voting process itself,

or the government in general. A protest vote may also demonstrate that a voter is

indifferent to the available options, whether due to a lack of knowledge on the part

of the voter or failure by political parties to align with voter preferences. Three

countries are examined in this memo.

Protest votes may take many forms, depending on the rules and regulations

governing voting in each electoral system. For instance, voters may cast a white

vote by intentionally failing to mark the ballot or by submitting a specificallydesignated ballot that lists no candidates. Voters may use white votes as an

informal protest vote option in voting systems where no official protest option

exists. Voters may also express dissatisfaction through a none of the above

(NOTA) option. When officially placed on the ballot, NOTA options limit

ambiguity associated with other methods of non-voting, such as white votes. Even

more deliberately, voters may write-in a candidate not listed on the ballot. Protest

votes may also refer to a vote that is deliberately incomplete, invalidly marked, or

submitted contrary to the electoral systems regulations. States can choose

whether to allow official protest vote options in the voting process and whether

those protest votes are recognized as such, and counted towards the election

results.

In Spain, when a voter submits an empty envelope without a ballot, it is

considered a white vote (voto en blanco). Under Spanish Election law, white votes

are tallied and counted as valid votes. As parties need to obtain a minimum

percent of valid votes to be considered eligible to receive legislative seats, white

votes may affect whether a party receives enough votes to cross the minimum

threshold.

Protest votes in France also take the form of a white vote (vote blanc),which

consists of a submitting a blank sheet of paper with no markings of any kind. The

vote blancprovides a means for voters to express dissatisfaction with the

candidates offered. After election officials have separated white votes from other

ballots, white votes are invalidated and cannot be recounted as part of the election.

In 2012, the white vote helped Francois Hollande beat incumbent President


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Nicolas Sarkozy. In the vote, supporters of far-right candidate Marine Le Pen

followed her lead in casting a white vote rather than support right-of-center

Sarkozy. In doing so, Marine Le Pen effectively denied President Sarkozy votes

that likely would have been cast in his favor.

Prior to 2006, Russian voters had the option of casting a NOTA vote by

selecting the against all candidates option at the end of the list of candidates. An

election would be considered invalid if there were more against all votes than

there were votes in favor of the leading candidate. Removing the NOTA option

has had a meaningful impact on the outcome of elections, including helping current

President Vladimir Putin secure victory.


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TABLE OF CONTENTS

Statement of Purpose 1

Introduction 1

Types of Protest Votes 1

White Votes 2

None of the Above Option 2

Write-in Vote 4

Spoiled Ballot 5

Distinguishing Protest Votes 6

Spain 7Protest Vote: White Vote 7

Application in Elections 7

Lessons Learned 8

France 10

Protest Vote: White Vote 10


Lessons Learned 11

Russia 13

Protest Vote: NOTA Option 13


Lessons Learned 16

Conclusion 17


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1


Statement of Purpose

The purpose of this memorandum is to analyze European state practice in

the use of protest voting options, which provide voters the ability to voice general

or specific dissatisfaction with the choice of candidates, the voting process itself,

or the government in general.

Introduction

In democratic institutions, some of the most significant decisions are made

by public vote, such as the election of representatives, referenda on pertinent

issues, or recall elections to remove elected officials from office.1 In European

states, presidents and political officials are elected to office through a votingsystem, which enables the general population to voice its political opinions.

Generally, voting systems promote a positive public policy by helping determine

the populations opinions regarding candidates, political parties, or the voting

system. If the voter is unhappy with the choice of candidates, the voting process

itself, or the government in general, the voter may enter a protest vote.2 A protest

vote may also demonstrate a voters inability to find an electoral option that aligns

with his or her preferences.3

Types of Protest Votes

Depending on the rules of the states electoral system and what the voter is

protesting, protest votes may take the form of a white vote, a none of the above

(NOTA) option, a write-in entry, or a spoiled ballot.4 States can choose whether to

allow official protest vote options in the voting process and whether those protest

votes are counted towards the election results.5

1Grant M. Hayden,Abstention: The Unexpected Power of Withholding Your Vote, 43 CONNECTICUT LAW REVIEW

585, 587 (2010), available at

http://uconn.lawreviewnetwork.com/files/documents/GrantM.Hayden43Conn.L.Rev.585.pdf.2Grant M. Hayden,Abstention: The Unexpected Power of Withholding Your Vote, 43 CONNECTICUT LAW REVIEW

585, 58996 (2010), available at

http://uconn.lawreviewnetwork.com/files/documents/GrantM.Hayden43Conn.L.Rev.585.pdf.3Electronic Voting Machines Blank Vote Option, ACEPROJECT(Apr. 8, 2009), available at

http://aceproject.org/electoral-advice/archive/questions/replies/130400041.4Electronic Voting Machines Blank Vote Option, ACEPROJECT(Apr. 8, 2009), available at

http://aceproject.org/electoral-advice/archive/questions/replies/130400041.5Sabir Shah,Many Countries Have No Vote Provision,THE INTERNATIONALNEWS (Feb. 26, 2013),available at

http://www.thenews.com.pk/Todays-News-2-162214-Many-countries-have-No-Vote-provision.


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2

White Votes

A white vote (also known as a blank vote) occurs when a voter intentionally

fails to mark the ballot or submits a specifically designated ballot that lists no

candidates.6 A white vote may be cast for an entire election ballot or a single

elected function.7

States can choose whether or not to officially consider white votes valid, or

to count them in final valid vote totals. If not an official option of the voting

system, white votes may carry the downside of resembling other methods of non-

voting, such as abstention or roll-off (i.e., when a voter makes a selection for

prestige officers but not for lower offices on the same ballot).8 In such cases,

election officials may confuse white votes made in protest with other non-voting

options or otherwise invalid ballots.

In states that do not have compulsory voting, white votes can be a more

rigorous form of non-voting, as casting a white vote requires voters to register and

submit a ballot where they otherwise could abstain from voting.9 In such cases,

white votes represent a more stringent form of protest than abstention or other less-

expensive and labor-intensive forms of non-voting.10

None of the Above Option

Voters may also express dissatisfaction through a none of the above (NOTA)

option. When officially placed on the ballot, NOTA options limit ambiguity

associated with other methods of non-voting, such as white votes.11

NOTA options

demonstrate a clear, purposeful protest vote by the voter, assuming the voter

6Graeme Orr, The Choice Not to Choose: Commonwealth Electoral Law and the Withholding of Preferences, 23

MONASH UNIVERSITY LAW REVIEW285, 29192 (1997).7Graeme Orr, The Choice Not to Choose: Commonwealth Electoral Law and the Withholding of Preferences, 23

MONASH UNIVERSITY LAW REVIEW285, 29192 (1997).8

R. Darcy & Anne Schneider, Confusing Ballots, Roll-Off, and the Black Vote, 12 THE WESTERN POLITICALQUARTERLY347, 34950 (1989).9Parti Du Vote Blanc,Le Vote Blanc??: Vote Blanc, Vote Nul & Abstention (last accessed Nov. 11, 2013), available

in French at http://www.parti-du-vote-blanc.fr/comprendre/le-vote-blanc/.10

David F. Damore, Mallory M. Waters, and Shaun Bowler, Unhappy, Uninformed, or Uninterested?:Understanding None of the Above Voting, 65 POLITICAL RESEARCH QUARTERLY1, 1 (2011), available at

http://faculty.unlv.edu/dfdamore/Publications/Nevada%20NOTA%20Final.pdf.11

David F. Damore, Mallory M. Waters, & Shaun Bowler, Unhappy, Uninformed, or Uninterested?:

Understanding None of the Above Voting, 65 POLITICAL RESEARCH QUARTERLY1, 2 (2011) ), available at

http://faculty.unlv.edu/dfdamore/Publications/Nevada%20NOTA%20Final.pdf.


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follows the proper directions for casting a NOTA vote.12

In some cases, a NOTA

option can be used to invalidate elections, such as when the majority of voters

decide that none of the candidates are acceptable, thereby requiring a second

election to allow a candidate to attain at least a simple majority.13

Even without an explicit NOTA option, voters have found ways to express

discontent with the choice of candidates.14

For instance, in 1989, a national list

of communist-aligned candidates ran unopposed for 33 designated positions in a

national election of 460 seats.15

Under Polish law at the time, candidates had to

obtain an absolute majority of votes cast to win.16

Out of protest, Polish voters cast

ballots with the communist-aligned candidates crossed out, maintaining the

validity of their votes without expressing a vote for the national list candidates.17

In doing so, voters prevented the national list candidates, including Prime

Minister Mieczyslaw Rakowski, seven other politburo members, and 25

communist-aligned candidates, from obtaining absolute majorities.18

Embarrassed,the Polish Communist Party was forced to replace the losing national list

candidates to fill the unopposed seats allotted to the party.19

Today, Polish voters

can still vote against a Senate candidate running unopposed by crossing out the

name of the candidate.20

However, the candidate with the most votes wins under

current Polish election law, making the NOTA vote purely symbolic in

significance.21

12Electronic Voting Machines Blank Vote Option, ACEPROJECT(Nov. 15, 2006), available at

http://aceproject.org/electoral-advice/archive/questions/replies/130400041.13James S. Robbins,Introduction: Democracy and Elections, 21 FLETCHER FORUM OF WORLD AFFAIRS 1, 9-10(1997).14Sabir Shah,Many Countries Have No Vote Provision,THE INTERNATIONALNEWS (Feb. 26, 2013),available at

http://www.thenews.com.pk/Todays-News-2-162214-Many-countries-have-No-Vote-provision. 15John Tagliabue,Poland Flirts with Pluralism Today , THENEW YORK TIMES(June 4, 1989), available at

http://www.nytimes.com/1989/06/04/world/poland-flirts-with-pluralism-today.html?pagewanted=all&src=pm .16John Tagliabue,Poland Flirts with Pluralism Today , THENEW YORK TIMES(June 4, 1989), available athttp://www.nytimes.com/1989/06/04/world/poland-flirts-with-pluralism-today.html?pagewanted=all&src=pm .17

John Tagliabue,Poland Flirts with Pluralism Today , THENEW YORK TIMES(June 4, 1989), available at

http://www.nytimes.com/1989/06/04/world/poland-flirts-with-pluralism-today.html?pagewanted=all&src=pm .18

John Tagliabue,Poland Bars 8 Key Communists from Runoff Vote, THE

NEW

YORK

TIMES

(June 14, 1989),available at http://www.nytimes.com/1989/06/14/world/poland-bars-8-key-communists-from-runoff-vote.html .19John Tagliabue,Poland Bars 8 Key Communists from Runoff Vote, THENEW YORK TIMES(June 14, 1989),available at http://www.nytimes.com/1989/06/14/world/poland-bars-8-key-communists-from-runoff-vote.html .202011 Election Code art. 268 (Poland, 2011), available athttp://www.legislationline.org/download/action/download/id/3648/file/Poland%20Elections%20Code%20Section%

201,2,3,4,9_2011.pdf,21

2011 Election Code art. 273 (Poland, 2011), available athttp://www.legislationline.org/download/action/download/id/3648/file/Poland%20Elections%20Code%20Section%

201,2,3,4,9_2011.pdf,


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Because the NOTA option merely invalidates the candidate selection

without suggesting alternatives, it has been criticized as a non-constructive

solution.22

Additionally, such an option may lead to greater indifference among

voters by discouraging them from learning about the candidates and providing an

easy out from making an informed, thoughtful decision.23

Others contend,

however, that a NOTA option incentivizes candidates to better educate voters, as

uninformed voters may be more likely to cast a NOTA vote than vote for a

candidate whom they know nothing about.24

By educating voters, candidates may

increase their chances of securing a victory and avoid the embarrassment of

receiving fewer votes than the NOTA option.25

Write-in Vote

Even more deliberate, voters may write-in a candidate not listed on the

ballot.26

Some states officially offer voters this option.27

While both write-in andNOTA options allow the voter to express dissatisfaction with the choice of

candidates, the write-in option allows voters to express an alternate preference.28

Moreover, in states that include both write-in and white vote options, the inclusion

of the write-in option tends to reduce the number of white votes, suggesting that a

portion of white votes is comprised of protest votes and not simply incorrectly

submitted ballots.29

Some ballots with write-in options have a designated space for voters to

enter their preferred candidate. In Sweden, a separate, designated write-in ballot is

22James S. Robbins,Introduction: Democracy and Elections, 21 FLETCHER FORUM OF WORLD AFFAIRS 1, 10(1997).23Electronic Voting Machines Blank Vote Option, ACEPROJECT(Nov. 15, 2006), available at

http://aceproject.org/electoral-advice/archive/questions/replies/130400041.24Christopher W. Carmichael,Proposals for Reforming the American Electoral System after the 2000 Presidential

Election: Universal Voter Registration, Mandatory Voting, and Negative Balloting, 23 HAMLINE JOURNAL OF

PUBLIC LAW &POLICY255, 315-16 (2002).25

Christopher W. Carmichael,Proposals for Reforming the American Electoral System after the 2000 Presidential

Election: Universal Voter Registration, Mandatory Voting, and Negative Balloting, 23 HAMLINE JOURNAL OF

PUBLIC LAW &POLICY255, 315-16 (2002).26

Swedish Election Authority,Elections in Sweden, 12 (last accessed Oct. 11, 2013), available athttp://www.val.se/pdf/electionsinsweden_webb.pdf.27Swedish Election Authority,Elections in Sweden, 12 (last accessed Oct. 11, 2013), available athttp://www.val.se/pdf/electionsinsweden_webb.pdf.28

David Kimball, Chris Owens & Katherine Keeney, Unrecorded Votes and Political Representation, inCOUNTINGVOTES:LESSONS FROM THE 2000PRESIDENTIAL ELECTION IN FLORIDA 1,5(Robert Watson, ed., 2004), available at

http://www.umsl.edu/~kimballd/unrep.pdf.29

David Kimball, Chris Owens & Katherine Keeney, Unrecorded Votes and Political Representation, inCOUNTING

VOTES:LESSONS FROM THE 2000PRESIDENTIAL ELECTION IN FLORIDA 1,5(Robert Watson, ed., 2004), available at

http://www.umsl.edu/~kimballd/unrep.pdf.


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made available to voters.30

A voter can write on the ballot the name of the

candidate or the party the voter wants to elect; however, Swedish voting law

restricts the right to be elected to persons registered with a political party.31

Thus,

only write-in votes for valid candidates and parties are counted.32

While not

counted, Swedish voters have also written in fictional characters as a sign of

protest.33

Voters in systems without an official write-in option may still write-in an

alternate candidate as a form of protest vote.34

Though states may not accept

write-in votes as valid, such protest votes can indicate the level of voter

dissatisfaction. Like Swedish voters, Finnish voters commonly write Donald

Duck on their ballot to signal their dissatisfaction with the choice of candidates.35

Though Finnish write-in votes are invalidated,36

the press uses the percent of

invalidated votes in a given election to assess general voter discontent.37

Spoiled Ballots

Protest votes may also refer to a vote that is deliberately incomplete,

intentionally invalidly marked, or submitted contrary to the electoral systems

regulations.38

Spoiling a ballot may be unintentional, due to confusion regarding

the design of the ballot or a ballot defect, or intentional as a means to demonstrate

30Swedish Election Authority,Elections in Sweden, 9 (last accessed Oct. 11, 2013), available at

http://www.val.se/pdf/electionsinsweden_webb.pdf.31

Swedish Election Authority,Elections in Sweden , 9 (last accessed Oct. 11, 2013), available at

http://www.val.se/pdf/electionsinsweden_webb.pdf.32

Swedish Election Authority,Party and Voter Preference(last accessed Oct. 11, 2013), available at

http://www.val.se/in_english/general_information/voting_for_party_and_person/index.html.33The Telegraph,Donald Duck and God Mar Swedish Election (Sept. 23, 2010), available at

http://www.telegraph.co.uk/news/worldnews/europe/sweden/8021258/Donald-Duck-and-God-mar-Swedish-

election.html.34

UUTISET, Spoiled Ballot Papers Reveal Write-in Favorites(June 2, 2012), available athttp://yle.fi/uutiset/spoiled_ballot_papers_reveal_write-in_favourites/5297235.35UUTISET, Spoiled Ballot Papers Reveal Write-in Favorites(June 2, 2012), available at

http://yle.fi/uutiset/spoiled_ballot_papers_reveal_write-in_favourites/5297235.36

Information on the Municiple Elections of 2012, Finnish Ministry of Justice, available athttp://www.vaalit.fi/uploads/ssrvjou8nm0run7.pdf.37

UUTISET, Spoiled Ballot Papers Reveal Write-in Favorites(June 2, 2012), available at

http://yle.fi/uutiset/spoiled_ballot_papers_reveal_write-in_favourites/5297235.38

Graeme Orr, The Choice Not to Choose: Commonwealth Electoral Law and the Withholding of Preferences, 23

MONASH UNIVERSITY LAW REVIEW285, 286 (1997)


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discontent.39

In theory, a spoiled ballot should be exchanged for a new ballot; in

practice, however, this does not always occur.40

Although both spoiled ballots and white votes can be methods of casting

protest votes, a white vote is considered a more deliberate form of protest vote.41

Moreover, where spoiled ballots are typically invalidated because they do not

comply with applicable rules and may occur accidentally, white votes may be

counted either separately as protest votes or rejected as invalid.42

As such,

separating white votes from spoiled ballots is important and mixing the two may

have a substantial impact on election results.43

Distinguishing Protest Votes

Some states use electronic voting machines (EVMs) to record specific

voting functions, such as the exercise of a protest vote option. EVMs can beprogrammed to automatically treat the failure to select any particular candidate as a

white vote.44

EVMs can also be programmed to ask a voter whether they intend to

submit a white vote.45

EVMs may also differentiate between white and spoiled

ballots by including a second screen informing the voter that he or she is about to

cast a white vote and requiring verification of that decision.46

While EVMs can

help distinguish protest votes from other forms of spoiled ballots, they may be

susceptible to fraud, conceivably allowing a hacker to change purposefully cast

white votes into votes for a particular candidate.47

39Graeme Orr, The Choice Not to Choose: Commonwealth Electoral Law and the Withholding of Preferences, 23

MONASH UNIVERSITY LAW REVIEW285, 285 (1997).40

Separating Spoiled and Rejected Ballots,ACEPROJECT(last accessed July 20, 2013),available at

http://aceproject.org/ace-en/topics/vc/vce/vce02/vce02b/?searchterm=spoiled%20vote.41

Graeme Orr, The Choice Not to Choose: Commonwealth Electoral Law and the Withholding of Preferences, 23

MONASH UNIVERSITY LAW REVIEW285, 285-86 (1997).42Separating Spoiled and Rejected Ballots, ACEPROJECT(last accessed July 20, 2013), available at

http://aceproject.org/ace-en/topics/vc/vce/vce02/vce02b.43

Separating Spoiled and Rejected Ballots, ACEPROJECT(last accessed July 20, 2013), available athttp://aceproject.org/ace-en/topics/vc/vce/vce02/vce02b.44Sara Staino,Electronic Voting Machines Blank Vote Option,ACEPROJECT(Apr. 8, 2009), available at

http://aceproject.org/electoral-advice/archive/questions/replies/130400041.45

Sara Staino,Electronic Voting Machines Blank Vote Option,ACEPROJECT(Apr. 8, 2009), available athttp://aceproject.org/electoral-advice/archive/questions/replies/130400041.46

Sara Staino,Electronic Voting Machines Blank Vote Option,ACEPROJECT(Apr. 8, 2009), available at

http://aceproject.org/electoral-advice/archive/questions/replies/130400041.47

Clive Thompson, Can You Count on Voting Machines?, THENEW YORK TIMES(Jan. 6, 2008), available at

http://www.nytimes.com/2008/01/06/magazine/06Vote-t.html?_r=2&oref=slogin&.


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Spain

Protest Vote: White Vote

Spanish electoral law currently recognizes the submission of a white vote

(voto en blanco) as a valid form of protest vote. In the Spanish system, a whitevote takes the form of an empty envelope that contains no ballot, or a blank ballot

in votes for the Senate.48

White votes are tallied and counted as if they were valid

votes.49

As such, white votes count towards the total number of votes cast, often

affecting smaller political parties that need to receive a minimum number of votes

to gain seats in parliament.50

A white vote will not result in a seat in parliament

going empty.51

Application in Elections

The Spanish electoral system is based on the dHondt method of

proportional representation, which elects candidates from political parties in

approximate proportion to the number of votes won by that party.52

The system

requires a party to obtain a minimum of three percent of the vote in order to be

represented in parliament.53

While the white vote is an established tradition in

Spain, it is mostly considered a statistical indicator of disapproval, with little

chance of influencing actual election results.54

Because white votes do influence

the total number of votes cast, however, they may help or hinder a party trying to

obtain the minimum threshold for representation under the dHondt system.55

48Representation of the People Institutional Actsec. 96(5) (Spain, 2011), available at

http://www.juntaelectoralcentral.es/jelect/normativa/LOREG_Eng.pdf.49

Representation of the People Institutional Actsec. 96(5) (Spain, 2011), available at

http://www.juntaelectoralcentral.es/jelect/normativa/LOREG_Eng.pdf.50World Elections, Guide to the 2011 Spanish Election(last accessd July 20, 2013), available at

http://welections.wordpress.com/links/guide-to-the-2011-spanish-election/.51

Miles Johnson, Spanish Voters Bemoan Lack of Choice, FINANCIAL TIMES(Nov. 18, 2011), available athttp://www.ft.com/intl/cms/s/0/5a648cf8-11d6-11e1-a114-00144feabdc0.html#axzz2ZRG9X8qZ.52Eric Solsten and Sandra W. Meditz, Spain: A Country Study, UNITED STATESLIBRARY OF CONGRESS, (1988),

available athttp://lcweb2.loc.gov/frd/cs/estoc.html#es0001.53

Eric Solsten and Sandra W. Meditz, Spain: A Country Study, UNITED STATESLIBRARY OF CONGRESS, (1988),available athttp://lcweb2.loc.gov/frd/cs/estoc.html#es0001.54

World Elections, Guide to the 2011 Spanish Election(last accessd July 20, 2013), available at

http://welections.wordpress.com/links/guide-to-the-2011-spanish-election/.55

None of the Above , VOTE BLANK(last accessed July 20, 2013), available at

http://www.blankvote.org.uk/none_of_the_above.html.


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Lessons Learned

White votes have become a growing trend, increasing eightfold since the

first democratic elections following the death of Francisco Franco in 1975.56

By

2004, white votes constituted as much as 1.6 percent of the votes, making white

votes the fifth-strongest political force that year.57 In February 2009, the Basque

separatist groupEuskadi Ta Askatasuna(ETS) publicly criticized the regional

parliamentary elections as anti-democratic, urging supporters to cast white

votes.58

Likewise, during the protests that occurred throughout Spain in 2011,

organizers encouraged protesters to show their disapproval for both the governing

Socialist Party (PSOE) and the opposing Popular Party by casting white votes

during the local elections.59

That year, both the number of white votes cast and

overall voter participation were higher than four years prior, increasing from 1.94

percent to 2.54 percent and from 63.24 percent to 66.23 percent, respectively.60

The 2011 Aduna municipal election resulted in just 12 votes being cast for anypolitical party, while 287 white votes were cast.

61 The only political party that

received votes, the Popular Party, won the election with roughly four percent of the

total vote, barely meeting the three percent threshold.62

A Spanish political party, Citizens for White Votes (Ciudadanos en Blancos

orEscaos en Blanco), was established to encourage greater influence of the white

vote in the state-wide electoral system.63

The party campaigns for seats in

parliament, but promises to leave them vacant if they win.64

According to the

partys manifesto, Citizens for White Votes aims to promote the legitimacy of the

56Expatica,Blank Votes Become a Political Force in Spain (Mar. 6, 2008)available at

http://www.expatica.com/es/news/local_news/Blank-votes-become-a-_political-force_-in-Spain.html.57

Guide to the 2011 Spanish Election, WORLD ELECTIONS(last accessd July 20, 2013), available athttp://welections.wordpress.com/links/guide-to-the-2011-spanish-election/.58

France 24,ETA Urges Blank Ballot in Election(Feb. 28, 2009), available at

http://www.france24.com/en/20090228-eta-urges-blank-ballots-election.59

Guide to the 2011 Spanish Election, WORLD ELECTIONS(last accessd July 20, 2013), available at

http://welections.wordpress.com/guide-to-the-2011-spanish-election/.60Lisa Abend,Protests: Has Revolution Come to Spain?, TIME (May 23, 2011), available at

http://www.time.com/time/world/article/0,8599,2073524,00.html.61

Spanish Ministry of the Interior, 2011 Election Results(last accessed Oct. 11, 2013), available athttp://elecciones.mir.es/resultados2011/99MU/DMU1420900299_L1.htm?d=0&e=0.62Spanish Ministry of the Interior, 2011 Election Results(last accessed Oct. 11, 2013), available at

http://elecciones.mir.es/resultados2011/99MU/DMU1420900299_L1.htm?d=0&e=0.63

Orestis Troumpounis, Suggesting an Alternative Electoral Proportional System: Blank Votes Count, INSTITUTDECONOMIA DE BARCELONA, 1, 2 (Mar. 23, 2009), available at

http://www.ieb.ub.edu/aplicacio/fitxers/SM09trompounis.pdf.64

Orestis Troumpounis, Suggesting an Alternative Electoral Proportional System: Blank Votes Count, INSTITUT

DECONOMIA DE BARCELONA, 1, 2 (Mar. 23, 2009), available at

http://www.ieb.ub.edu/aplicacio/fitxers/SM09trompounis.pdf.


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white vote.65

During the 2011 parliamentary elections, Citizens for White Votes

received 1.5 percent of votes cast in Catalonia.66

During the same election, an

additional 1.85 percent of votes cast in Catalonia for representatives to Spains

parliament were white votes.67

If all white votes cast in Catalonia had instead been

entered for Citizens for White Votes, Citizens for White Votes would have met the

three percent threshold required to win a seat representing Catalonia in parliament.

The potential influence of Citizens for White Votes on Spanish politics,

however, appears to be minimal. Under the dHondt method, major parties and

nationalists (who are regular members of the minority government) have a

significant advantage over smaller, scattered parties.68

As most decisions in both

Spains69

and Catalonias parliaments require only a simple majority (i.e., a

majority of seats plus one), the presence of more or fewer unoccupied seats would

not have a significant impact on the voting process.70

In contrast, vacant seats have a greater impact on votes requiring an absolute

majority, such as when a chamber of Spains parliament votes on its standing

rules71

or in the case of regional elections, such as the ones for the Catalonian

regional parliament.72

Citizens for White Votes admits that it is relatively unlikely

that vacant seats will present an insurmountable barrier to the parliamentary

processes unless it achieves majority representation, thereby preventing other

parties from achieving an absolute majority.73

In addition, the ability of Citizens for White Votes to effect electoral reform

may be further compromised by a law adopted in 2011. The new law makes it

65Miles Johnson, Spanish Voters Bemoan Lack of Choice, FINANCIAL TIMES(Nov. 18, 2011), available at

http://www.ft.com/intl/cms/s/0/5a648cf8-11d6-11e1-a114-00144feabdc0.html#axzz2ZRG9X8qZ.66

Escanos en Blancos, Valoracion de los Resultados de les Elecciones Generales(Nov. 21, 2011), available in

Spanish athttp://escanos.org/2011/11/21/valoracion-de-los-resultados-de-les-elecciones-generales/.67

Escanos en Blancos, Valoracion de los Resultados de les Elecciones Generales(Nov. 21, 2011), available in

Spanish athttp://escanos.org/2011/11/21/valoracion-de-los-resultados-de-les-elecciones-generales/.68Guide to the 2011 Spanish Election, WORLD ELECTIONS(last accessed July 20, 2013), available at

http://welections.wordpress.com/guide-to-the-2011-spanish-election/.69SPANISH CONST.art. 81 (1978), available at

http://www.congreso.es/portal/page/portal/Congreso/Congreso/Hist_Normas/Norm/const_espa_texto_ingles_0.pdf.70Reform on the Statute of Cataloniaart. 60.3 (Catalonia, 2006), available athttp://www.parlament-

cat.net/porteso/estatut/estatut_angles_100506.pdf.71

SPANISH CONST.art. 72 (1978), available at

http://www.congreso.es/portal/page/portal/Congreso/Congreso/Hist_Normas/Norm/const_espa_texto_ingles_0.pdf.72

Lisa Abend, Catalonia Votes: Why the Regions New Proindependence Majority Wont Gurantee Separation from

Spain, TIME (Nov. 26, 2012), available at http://world.time.com/2012/11/26/catalonia-votes-why-the-regions-new-

pro-independence-majority-wont-guarantee-separation-from-spain/.73

ESCONS EN BLANCO,Manual Bsico Para Candidatos Electos3 (2011), available in Spanish at

http://votoenblancocomputable.org/images/pdf/2011_municipales/manual%20candidatos%20electos.pdf.


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more difficult for parties without representatives in Spanish parliament chambers

to take part in elections.74

It requires such parties to collect signatures from 0.1

percent of the population before being listed on the ballot as potential candidates.75

France

Protest Vote: White Vote

The option to case a white vote (vote blanc) in French elections is seen by

some as a cultural icon of France.76

The practice, which has been officially

recognized since 1853, takes the form of submitting a blank sheet of paper instead

of a ballot with the name of a candidate.77

While the white vote cannot win an

electoral seat, the option provides a means for voters to express dissatisfaction with

the candidates offered.78

After election officials have separated white ballots from valid and spoiled

ballots, white ballots are invalidated and are not recounted as part of the election.79

The white ballot has become such an institution in France that a vote blancoption

has been incorporated into the modern electronic voting machines (EVMs),

although the majority of vote collection and counting in France currently remains

manual.80

White votes have nonetheless figured prominently in recent decades,

such as during the parliamentary elections of March 1993, when the number of

white ballots cast exceeded the number of votes received by Frances Green

Party.

81

The Green Partys failure to obtain a single representative seat helped74El Referente,Los partidos minoritarios dispondrn de 20 das para recoger firmas(Aug. 24, 2011), available in

Spanish at http://www.elreferente.es/actualidad/los-partidos-minoritarios-tendran-20-dias-para-recoger-firmas-

14766.65

El Referente,Los partidos minoritarios dispondrn de 20 das para recoger firmas(Aug. 24, 2011), available inSpanish at http://www.elreferente.es/actualidad/los-partidos-minoritarios-tendran-20-dias-para-recoger-firmas-

14766.76

Anne Senges, Voting None of the Above is the French Way, THE SAN FRANCISCO CHRONICLE(Mar. 4, 2000),

available at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2000/03/04/ED11162.DTL.77Anne Senges, Voting None of theAbove is the French Way, THE SAN FRANCISCO CHRONICLE(Mar. 4, 2000),

available at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2000/03/04/ED11162.DTL; Matthew Holehouse,

French Presidential Election:As it Happened, THE TELEGRAPH (May 6, 2012), available at

http://www.telegraph.co.uk/news/worldnews/europe/france/9249109/French-Presidential-election-as-it-happened.html.78Anne Senges, Voting None of theAbove is the French Way, THE SAN FRANCISCO CHRONICLE(Mar. 4, 2000),

available at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2000/03/04/ED11162.DTL.79

Organization for Security and Co-operation in Europe, France Presidential Election 22 April and 6 May 2007:OSCE/ODIHR Needs Assessment Mission Report4 (Apr. 3, 2007),available at

http://www.osce.org/odihr/elections/france/24616.80

Embassy of France in Australia,Elections 2012: A Users Guide 25 (2012), available athttp://www.ambafrance-

au.org/IMG/pdf/kit_election_2012_EN.pdf.81Anne Senges, Voting None of the Above is the French Way, THE SAN FRANCISCO CHRONICLE(Mar. 4, 2000),


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11

push the party to reform its platform of non-alliance.82

Currently, the Green Party

has 18 representatives in Frances parliament.83


While some claim thatabstaining from the vote might signal that a voter is

incompetent or indifferent, it is argued in the French context that white votes

indicate that a voter is interested and competent enough to choose to reject the

choices offered.84

Previously, white ballots and invalid votes were lumped into the

same category for French presidential elections, referred to as blancs ou nuls

(white or null).85

However, in November 2013, the National Assembly

unanimously passed a law to separate white and invalid votes, thereby providing

more recognition to the white vote.86

In terms of providing accurate analyses of

election results, the tendency to use the terms white and null interchangeably

is problematic as it undermines the significance of deliberately submitted whitevotes in symbolic protest by improperly conflating them with ballots that were

accidentally spoiled.87

Lessons Learned

Election results indicate that more white ballots are cast in the second round

of presidential elections than in the first.88

For instance, in the first round of the

2012 presidential election, white votes accounted for 1.52 percent of the ballots

cast.

89

In the second round of that election, white votes represented 4.66 percent of

available at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2000/03/04/ED11162.DTL; France, Parliamentary

Chamber, Assembl Nationale: Elections Held in 1993, INTER-PARLIAMENTARY UNION (1993),available at

http://www.ipu.org/parline-e/reports/arc/2113_93.htm.82European Green Party,Europe Ecologie Les Verts(last visited Nov. 13, 2013), available at

http://europeangreens.eu/parties/europe-ecologie-les-verts.83European Green Party,Europe Ecologie Les Verts(last visited Nov. 13, 2013), available athttp://europeangreens.eu/parties/europe-ecologie-les-verts.84Fredrik Uggla,Incompetence, Alienation, or Calculation?: Explaining Levels of Invalid Ballots and Extra-

Parliamentary Votes, 41 COMPARATIVE POLITICAL STUDIES 1141, 1160 (2008).85

Ministre de l'Intrieur,Rsultats de Lelection Presidentielle 2012(2013) available in French at

http://www.interieur.gouv.fr/sections/a_votre_service/resultats-elections/PR2012/FE.html.86L'Assemble nationale reconnat le vote blanc . . . aprs les municipales, LA DEPECHE (Nov. 28, 2013) availablein French at http://www.ladepeche.fr/article/2013/11/28/1762979-l-assemblee-nationale-reconnait-le-vote-blanc-

apres-les-municipales.html.87

Marine Le Pen to Cast 'Blank Vote' in May 6 Runoff, FRANCE 24(May 1, 2012), available at

http://www.france24.com/en/20120501-marine-le-pen-may-day-rally-national-front-france-presidential-election-blank-vote.88

Ministre de l'Intrieur,Rsultats de Lelection Presidentielle 2012(2013), available in French at

http://www.interieur.gouv.fr/sections/a_votre_service/resultats-elections/PR2012/FE.html.89

France 2012 (Runoff),WORLD ELECTIONS(May 16, 2012), available at

http://welections.wordpress.com/2012/05/16/france-2012-runof/.


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13

simple majority win.97

In the second and final round of elections 4.66 percent of

voters submitted white or invalid votes (just over 2 million in total), which

contributed to Socialist Party challenger Franois Hollandes ultimate victory.98

Russia

Protest Vote: NOTA Option

Russias relatively short-lived NOTA option had its roots in the voting

procedure prevalent during most of Soviet history.99

Previously, in single-member

districts in the USSR, one candidate would be nominated per seat in parliament.100

Voters would indicate their preference through three primary methods: (1) placing

the ballot straight into the ballot box, unmarked, to indicate support for the single

listed candidate; (2) crossing out the name of the candidate and submitting the

modified ballot to indicate disapproval; or (3) abstaining from voting at all, whichcould serve as a less provocative way of voting against a candidate.

101 The sole

candidate was declared elected if 50% of the electorate voted in his/her favor.102

Accordingly, voter turnout was a decisive factor for the outcome of single-member

district elections.103

This voting procedure was maintained in the late 1980s, when single-

member district elections witnessed the reemergence of multiple candidates.104

Voters indicated preference by either crossing out all of the listed candidates

names except for the name of ones choice, or simply circling the name of ones

97France 24,Marine Le Pen to Cast 'Blank Vote' in May 6 Runoff (May 1, 2012), available at

http://www.france24.com/en/20120501-marine-le-pen-may-day-rally-national-front-france-presidential-election-

blank-vote.98Ministre de l'Intrieur,Rsultats de Lelection Presidentielle 2012(2013), available in French at

http://www.interieur.gouv.fr/sections/a_votre_service/resultats-elections/PR2012/FE.html.99Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67,

67 (2008), available athttp://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.100H. Oversloot, J. Van Holsteyn & G.P. Van Der Berg, Against All: Exploring the Vote 'Against All' in the Russian

Federation's Electoral System, 18 JOURNAL OF COMMUNIST STUDIES AND TRANSITION POLITICS 31, 32 (2008).101

H. Oversloot, J. Van Holsteyn & G.P. Van Der Berg, Against All: Exploring the Vote 'Against All' in the Russian


Ger P. van den Berg,A New Electoral Law in the Soviet Union, 4 REVIEW OF SOCIALIST LAW353, 356 (1978).103




Federation's Electoral System, 18 JOURNAL OF COMMUNIST STUDIES AND TRANSITION POLITICS 31, 33 (2008).


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choice.105

Voters also had the option of casting a valid against all vote by

crossing out all of the listed names.106

The first formalprovision for an against all option was established in

April 1991 during the last year of the Soviet regime through a law concerning the

election of the Russian President.107 The formal provision provided that, while

voters would have an against all option and the government would report the

number of against all votes, the government would not consider against all

votes to be valid.108

Although the dissolution of the Soviet Union in December

1991 witnessed the creation of new political institutions and representative

systems, the against all option was retained for state-wide parliamentary

elections in 1993.109

While the 1993 ballot was changed to require voters to

indicate their choice by marking the box to the right of the candidates name,110

the

option against all candidates, with a corresponding box to the right, was included

at the end of the list of candidates.111

Electoral laws adopted in 1997 and 2002 made important changes to the

against all option by stipulating that an election would be considered invalid if

the voter turnout fell below the specified level or if there were more against all

votes than votes in favor of the leading candidate.112

In the 2003 parliamentary

elections, the against all option received more votes than any other option in

three districts, requiring new elections for those seats, which were held together

with the 2004 presidential election.113

105H. Oversloot, J. Van Holsteyn & G.P. Van Der Berg, Against All: Exploring the Vote 'Against All' in the Russian



Federation's Electoral System, 18 JOURNAL OF COMMUNIST STUDIES AND TRANSITION POLITICS 31, 33 (2008).107Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67,

69 (2008), available athttp://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.108Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67,


69 (2008), available athttp://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.110

Michael Waller, RUSSIAN POLITICS TODAY 134 (2005).111

H. Oversloot, J. van Holsteyn and G.P. van der Berg, Against All: Exploring the Vote 'Against All' in the RussianFederation's Electoral System, 18 JOURNAL OF COMMUNIST STUDIES AND TRANSITION POLITICS 31, 33 (2008).112

Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67,

70(2008), available athttp://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.113

Organization for Security and Co-operation in Europe, Elections to the Russian State Duma, 27 (Jan. 27, 2004),available athttp://www.osce.org/odihr/elections/russia/21482.


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15

The against all option was abolished by parliament in 2006,114

and the

minimum voter thresholds for validating presidential and parliamentary elections

were abolished in 2007.115

A 2011 poll revealed that 73 percent of Russians were

in favor of reinstating the against all option.116


According to post-election surveys, voters who utilized the against all

option tended to be younger, more urbanized, and better educated than most

voters.117

Although such voters did not reject liberal democracy altogether, they

evidently believed that no party adequately reflected their views.118

The

percentage of against all votes tended to be higher in gubernatorial elections and

other elections that used district-based majoritarian systems.119

The utilization of

an against all vote option was not as prevalent in elections involving a single,

state-wide constituency, such as the presidential election and the party list sectionof parliamentary elections.

120

In 2006, the Russian parliament voted to remove the against all option

from future elections.121

While supporters justified the move, arguing that it would

encourage greater participation in the political process,122

opponents argued that

removing the option reduced the legitimacy of those elected and limited the voting

rights of citizens.123

Critics of the new legislation claimed that the bill had been

introduced because the Kremlin feared too many voters would use the against all

option and thereby jeopardize candidates chances of winning the necessary

114Ria Novosti, Against All Vote Could Return to Russian Ballots (July 13, 2011), available at

http://en.rian.ru/russia/20110713/165173405.html.115

The Economist,Putins Phoney Election (Nov. 9, 2007), available athttp://www.economist.com/node/10217312.116

RT,Russians Want Protest Vote to be Returned(Jul. 28, 2011), available athttp://rt.com/politics/russians-

protest-vote-returned/.117




Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES1,8 (2008), available at http://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.120Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67,

70 (2008), available at http://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.121

Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67(2008), available at http://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf.122

BBC News,Russians Lose Against All Vote, (Jun. 30, 2006), available at

http://news.bbc.co.uk/2/hi/europe/5133138.stm.123

Turkish Weekly, Against All Vote Could Return to Russian Ballots(July 13, 2011), available at

http://www.turkishweekly.net/news/119027/-39-against-all-39-vote-could-return-to-russian-ballots.html.


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majority.124

Indeed, polls at the time of the legislative move indicated that against

all voting was becoming increasingly popular among voters.125

Lessons Learned

The removal of the against all option has had notable implications for

voting in Russia. For one, according to former Federation Council speaker Sergey

Mironov, voter turnout has declined.126

Mironov argued that the option served as a

political thermometer, measuring the temperature within society and giving

authorities better insight into citizens sentiments toward the political

establishment.127

Removing the against all option has reduced overall voter

turnout, as protest voters have no incentive to vote without the official protest

option.128

Removing the option has also had a meaningful impact on the outcome ofelections, including the 2012 election of President Vladimir Putin. In the March

2012 election, Putin won over 63 percent of the vote during the first round of

elections, thus avoiding a runoff election with the first runner-up.129

Run-off

elections only take place if no candidate receives a majority of votes (50 percent

plus one).130

However, polls have indicated that, had there been an against all

option on the ballot, only 47 percent of Russian voters would have voted for Putin

in the first round of elections,131

thus requiring a run-off election and possibly

leading to a different electoral result.

124Ian McAllister and Stephen White, Voting Against All in Post-communist Russia, 60 EUROPE-ASIA STUDIES67,



78 (2008), available athttp://eprints.gla.ac.uk/5940/1/Voting_%252527against_all%252527_Enlighten.pdf; DavidMcHugh, None of the Above Ranks on Russian Presidential Ballot,ONLINEATHENS(Mar. 25, 2000), available at

http://onlineathens.com/stories/032500/ele_0325000028.shtml.126

Turkish Weekly, Against All Vote Could Return to Russian Ballots(July 13, 2011), available at

http://www.turkishweekly.net/news/119027/-39-against-all-39-vote-could-return-to-russian-ballots.html.127RT,Pro-Putin Opposition Head: Removing Against All Protest Vote a Mistake(Mar. 4, 2011), available at

http://rt.com/politics/presidential-election-speaker-mironov/.128RT,Fair Russia Wants Protest Votes to be Returned (July 13, 2011), available at http://rt.com/politics/protest-

voting-opposition-mironov/.129The Moscow Times,Poll: 47% Support for Putin in Presidential Vote Given 'Against All' Ballot Choice(Mar.

23, 2012), available at http://www.themoscowtimes.com/news/article/poll-47-support-for-putin-in-presidential-

vote-given-against-all-ballot-choice/455317.html.130

The Moscow Times,Poll: 47% Support for Putin in Presidential Vote Given 'Against All' Ballot Choice(Mar.23, 2012), available at http://www.themoscowtimes.com/news/article/poll-47-support-for-putin-in-presidential-

vote-given-against-all-ballot-choice/455317.html.131

The Moscow Times,Poll: 47% Support for Putin in Presidential Vote Given 'Against All' Ballot Choice(Mar.

23, 2012), available at http://www.themoscowtimes.com/news/article/poll-47-support-for-putin-in-presidential-

vote-given-against-all-ballot-choice/455317.html.


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Critics have also accused the Kremlin of rigging the 2007 presidential

election results. In addition to removing the against all option and abolishing the

minimum turnout out rule, the Kremlin arrested opposition leaders and scrapped

regional parties and single-mandate seats for independent deputies.132

Doing so

severely curtailed several traditional options available to protest voters who did not

support the major candidates or parties. These sentiments were echoed following

Russias 2011 parliamentary elections, which many claimed were rigged long

before the first vote was cast.133

Although the parliament considered a draft bill to

reinstate the against all option in 2011, the option currently remains

unavailable.134

In September 2013, Federation Council Speaker, Valentina

Matvienko, and others spoke publicly about the need to restore the NOTA

option.135

Conclusion

Protest votes in Europe are a method of allowing voters to express

dissatisfaction through the ballot box. By withholding a vote, voting against all

official candidates, writing in alternative candidates, striking out candidates, or

otherwise purposefully invalidating ones ballot, a voter can signal their

unhappiness with the electoral choices. Protest votes can be integrated, either

formally or informally, into the voting system, allowing disaffected voters to

potentially influence election outcomes while expressing their dissatisfaction.

The manner by which protest votes are counted, reported, and used in

determining the allocation of seats differs throughout Europe. Certain states treat

such votes as invalid, others report them separately from the ballot totals, and still

others include them as valid votes that can alter the percentage of total votes a

candidate receives. In addition, while some states have found that tracking protest

votes allows elected representatives an opportunity to gauge public opinion, others

have chosen to ignore protest votes or have removed the formal protest vote

options from their voting systems.

132The Economist,Russias Election:Putin's Phoney Election(Dec. 1, 2007), available at

http://www.economist.com/node/10235434.133

Vladimir Kara-Murza, The Boos and the Ballots: Russias 2011 Election Heads to Its Finale, WORLD AFFAIRS

(Dec. 1, 2011), available at http://www.worldaffairsjournal.org/blog/vladimir-kara-murza/boos-and-ballots-russias-2011-election-heads-its-finale.134

Turkish Weekly,Against All Vote Could Return to Russian Ballots(July 13, 2011), available at

http://www.turkishweekly.net/news/119027/-39-against-all-39-vote-could-return-to-russian-ballots.html.135

ITAR-TASS News Agency,None-of-the-Above Box May be Restored to Russias Ballot Papers Soon, (Sep. 27,

2013), available athttp://www.itar-tass.com/en/c39/893594.html.

protest votes

Documents