The Right to free and fair elections: an analysis of the approach of the American Law Doctrine on ballot secrecy

Abstract

This article offers a description of the concept free and fair election being the most fundamental principle defining credible elections is that they must reflect the free expression of the will of the people. Human rights treaties and international law doctrine have established that in order to hold democratic elections, states should assure their transparency, accountability and most of all must be inclusive by giving any citizen the equal opportunities to participate and be elected in the elections. These broad principles are strengthened by several electoral process-related responsibilities, as well as several key rights and freedoms, each of which derive from public international law. The paper aim in the second part to analyse the article of the US constitution that provide for the criteria of free and fair elections and more specifically the principle of ballot secrecy. Furthermore, the article will analyse the caselaw of the Supreme Court of US regarding the right to vote and elections and the interpretation of this Court in the application of the legislation.