None of the above

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None of the Above (NOTA), also known as "against all" or a "scratch" vote, is a ballot option in some jurisdictions or organizations, designed to allow the voter to indicate disapproval of all of the candidates in a voting system. It is based on the principle that consent requires the ability to withhold consent in an election, just as they can by voting no on ballot questions.

Entities that include "None of the Above" on ballots as standard procedure include India ("None of the above"), Greece (λευκό, white, but unrelated to a political party of the similarly sounding name-however it is symbolic only), the U.S. state of Nevada (None of These Candidates), Ukraine (Проти всіх), Spain (voto en blanco), and Colombia (voto en blanco). Russia had such an option on its ballots (Против всех) until it was abolished in 2006.[1] Bangladesh introduced this option (না ভোট) in 2008.[2] Pakistan introduced this option on ballot papers for the 2013 Pakistan elections but later the Election Commission of Pakistan rejected this.[3]

When None of the Above is listed on a ballot, there is the possibility of NOTA receiving a majority or plurality of the vote, and so "winning" the election. In such a case, a variety of formal procedures may be invoked, including having the office remain vacant, having the office filled by appointment, re-opening nominations or holding another election (in a body operating under parliamentary procedure), or it may have no effect whatsoever, as in the state of Nevada, where the next highest total wins regardless.

Soviet Union[edit]

In 1991 elections that led to the break-up of the Soviet Union, the Soviet version of "none of above" led to new elections with new candidates in 200 races of the 1,500-seat Congress of People's Deputies.[4] More than 100 incumbents representing the Communist Party of the Soviet Union were defeated in the run-off, leading to Boris Yeltsin to later say the "none of the above" option "helped convince the people they had real power even in a rigged election, and [it] played a role in building true democracy.”[4]

Spain[edit]

Blank ballot[edit]

Due to the Spanish voting regulations (legislación electoral española), the blank ballot is recognized as None of the above (voto en blanco) but has very little chance to influence the distribution of seats within a democratic election. It is mostly considered as a statistical indicator of candidatures' disapproval. The blank ballots only increase the amount of valid votes, rising up the threshold of votes (3% and 5% depending on the election) which every political party has to overcome to be fully considered. The parties over the threshold get their seats according to the D'Hondt method.

Blank seats (Escaños en blanco)[edit]

Since 1999, several political parties[5][6][7][8][9] have arisen in order to make visible the None of the above option in the parliaments and force empty seats. Currently, "Blank Seats" runs for the Congress and Senate elections of the 20th November 2011. Its programme is to leave empty the corresponding assigned seats by not taken full possession of their duties as congressperson, senator, etc. According to law, the seat remains assigned to the elected candidate until the possession act takes place, the elected candidate explicitly refuses or new elections are called. In this way, the political party and its candidates stay free from obligations and are not entitled to receive any money from the public funding scheme for politics.

By voting such option at the local elections in May 2011, the citizens of the villages of Gironella (Barcelona) and Foixà (Girona) were able to reduce the amount of politicians in their councils by one and two respectively.[10][11] Overall, citizenship supported Blank Seats at different municipalities, including Barcelona, with 15582 votes (averaging 1,71% of valid votes).

This party aims to give blank ballots the meaning of representing empty seats if the amount of votes indicate so as for any other party, disbanding the party when such law would be approved.

United Kingdom[edit]

Landless Peasant Party[edit]

The Landless Peasant Party, which advocates the ownership of land by those who live on it and the replacement of income tax by a flat land tax,[12] and whose leader Derek Jackson gained publicity for standing against then- Prime Minister Gordon Brown in his home constituency in the 2010 elections,[13] include a pledge to add a "None of the above" option to the ballot in all UK elections.[12]

United States[edit]

The origination of the ballot option "None of the Above" in the United States can be traced to the Isla Vista Municipal Advisory Council in its 1976 resolution to place this option on the official electoral ballot in Santa Barbara County in California. Then council members Walter Wilson and Matthew Landy Steen introduced the legal resolution to amend existing ballot options for elections from then on. [14][15] In 1978 the State of Nevada adopted "None of the Above" as a ballot option.[16][17][18] In late 1999 in California, citizen proponents of Proposition 23, titled the "None of the Above Act", qualified a new State ballot initiative through circulated petitions submitted to the Secretary of the State. A total of $987,000 was expended in promotion of the ballot option, which was defeated in the March 2000 general election by a margin of 64% to 36%. If passed by the voters, it would have required this new ballot option for all state and federal elective offices, exempting only local judicial races; in determining official election results, the none of the above voter tally would be discarded in favor of the candidate with the greatest number of votes.[19]

India[edit]

The Election Commission of India told the Supreme Court in 2009 that it wished to offer the voter a "None of the above" option at the ballot, which was something that the government had generally opposed.[20] The People's Union for Civil Liberties, a non-governmental organisation, filed a Public-interest litigation statement in support of this.[21]

On 27 September 2013, the Supreme Court of India ruled that the right to register a "none of the above" vote in elections should apply, noting that it would increase participation. The judges said that this "would lead to a systemic change in polls and political parties will be forced to project clean candidates". "Democracy is all about choices and voters will be empowered by this right of negative voting," said the order passed by a bench headed by Chief Justice P Sathasivam.[22][23][24]

The "none of the above" (NOTA) choice differs radically from "right to reject" (RTR). Although the votes registered as NOTA are counted, they will not change the outcome of the election process.[25][26]

The Supreme Court ordered the Election Commission to provide a NOTA button on the voting machine which would give voters the option to choose "none of the above". The Election Commission has said that the judgement will be implemented immediately. Although frequently termed a "right to reject" in India, a former head of the Election Commission has noted that it is not in fact such a thing.[27][28] The Election Commission also clarified that the NOTA votes are considered as invalid votes and will not be considered for determining the forfeiture of security deposit.[29]

Procedures that function like "none of the above"[edit]

Most ballots do not have a formal "none of the above" option, but do have procedures that work in a similar way.

Poland[edit]

In 1989 legislative election in Poland voters were able to vote against the only candidate running, often from the ruling Polish Communist Party by crossing out the candidate's name on the ballot.[4] As a result, voters defeated the sitting prime minister and dozens of leading Communists because they failed to get the required majority.[4]

United Kingdom[edit]

NOTA party[edit]

NOTA was registered as a political party with the UK Electoral Commission on the day 2nd March 2009.[30] It is the intention of NOTA to field candidates in every UK parliamentary constituency. The respective NOTA candidates will not continue in office should they receive the most votes. It is merely a mechanism to facilitate a means of recording a NOTA vote. This party is registered as "NOTA" and not "None of the above" as the latter is a prohibited expression regarding registration as a party name.[31]

No Candidate Deserves My Vote! party[edit]

"No Candidate Deserves My Vote!" was registered as a political party with the UK Electoral Commission on 23 November 2000.[32] The No Candidate Deserves My Vote party's single objective is to introduce a bill to Parliament to have a "None of the above" option added to every local and general election ballot paper of the future. They feel this will allow the UK electorate to exercise their democratic right to vote to say that none of the parties currently represents them, which will encourage their democratic responsibility to turn out to vote. If a candidate wins an election it is the intention to stay as a Member of Parliament until the change in the law is enacted. Only then will the candidate step down and the party be disbanded.

It is the intention of the party that if a NOTA gains the majority vote that it should cause an automatic by-election. The idea being that the majority have given a Vote of No Confidence in the candidates. If the same candidates stand under the same policies then the electorate simply vote NOTA until the candidates change their policies to something that the electorate can vote for.

In 2010, Stephen Phillips of Stevenage ran for the UK general election on behalf of No Candidate Deserves My Vote.[33] Phillips received 327 votes, or 0.7% of the vote, placing 7th out of 9 candidates.[34]

Zero, None Of the Above[edit]

None Of The Above Zero was a candidate at the 2010 UK general election in Filton and Bradley Stoke.[35] Previously known as Eric Mutch, he changed his name by deed poll to stand under that name. As candidates are listed by surname first he appeared on the ballot paper as "Zero, None Of The Above,"[36] in effect giving voters a none of the above option since had he been elected he would have resigned immediately.[37] He came last with 172 votes.[38]

Others[edit]

In the British parliamentary elections of 2010, a former boxer changed his name by deed poll from Terry Marsh to "None Of The Above X", in order to run as a parliamentary candidate under that name in the constituency of South Basildon and East Thurrock. Claiming that he will not take the seat if he wins, he told BBC Essex: "I don't take it for one moment that it would be a vote for me. [..] I'm doing what I think the Electoral Commission should be doing and what should be on every ballot paper in any electoral process." BBC News reported that, while the Registration of Political Parties (Prohibited Words and Expressions) (Amendment) Order 2005 stipulates that no political party can be registered in the UK under the name "None of the Above", there is no legislation against a person changing their name by deed poll and appearing on the ballot paper as "None Of the Above".[39] In the event he polled 0.3% of the vote, the lowest of any candidate standing.[40]

  • Another individual changed his name by deed poll to None Of The Above in order to stand as a candidate in Chingford and Woodford Green in 2010. With the surname Above, he was listed first on the ballot paper in alphabetical order, with all the other candidates listed below.
  • The South Wales Anarchists group has run a campaign urging people to "Vote Nobody" since 2008[41] and many other Anarchist groups worldwide have promoted similar slogans.
  • In Canada it is also possible to vote for "none of the above" by attending the polling station and formally "Declining to vote" - explained here. These Declined votes are actually counted and become part of the electoral record.
  • In Pakistan, Abid Hassan Manto, who is a constitutional expert and a senior lawyer of the Supreme Court of Pakistan, had sent the proposal to Election Commission of Pakistan to allow "none of the above" (NOTA) mechanism in vote casting.[42]

Re-open Nominations (RON)[edit]

Many students' unions in Britain and Ireland use a similar ballot option called 're-open nominations' (RON)[43] in IRV (also known as the alternative vote) and single transferable vote (STV) elections. These include the National Union of Students in the UK and UCD Student's Union in Ireland. The difference is that RON is a vote against all candidates in FPTP (first-past-the-post) and all subsequent candidates in an IRV or STV election.

There are several ways of dealing with a RON candidate. In a single member constituency or election to a single position RON is treated as a normal candidate. If re-open nominations is deemed elected to any position then at the end of the count that position is declared vacant and nominations must later be re-opened for that position.

In a multi-member constituency there are two approaches. In the first, when a RON candidate is elected, all other candidates below RON are declared not to be elected and the counting process stops, the election is then re-run for that and all other unfilled positions. In the second, RON is elected to a position, then any surplus is transferred to another RON(2) candidate as if such an option had been presented on the ballot paper. If RON(2) is elected, then the process carries on with RON(3), RON(4) candidates and so on until all seats are filled. This is sometimes called the Stack RON method.

RON is not strictly a none of the above candidate in transferable vote elections, as when RON is eliminated during the count its votes are transferred to other candidates if those preferences exist.

Illegal ballots in Robert's Rules of Order[edit]

The U.S. manual Robert's Rules of Order, Newly Revised, 10th edition, p. 402 describes various forms of illegal ballots, which are ballots which do not count for any candidate. Blanks are treated as "scrap paper" and are of no effect but "unintelligible ballots or ballots cast for an unidentifiable candidate or a fictional character are treated as illegal votes. "All illegal votes cast by legal voters… are taken into account in determining the number of votes cast for purposes of computing the majority." RRONR always requires a majority for election so casting an illegal ballot or one for a hopeless candidate, whether on the ballot or as a write-in, is equivalent to voting No for all other candidates. "The principle is that a choice has no mandate from the voting body unless approval is expressed by more than half of those entitled to vote and registering any evidence of having some opinion."

None of the Above candidates and parties in other countries[edit]

  • In Serbia, None of the above (Ниједан од понуђених одговора, НОПО) is a parliamentary political party, legally formed in 2010, which was mostly popularized on Facebook and less on other social networking websites. In Serbian parliamentary election, 2012 they received 22,905 votes and thus won one seat in National Assembly of Serbia. Serbian NOTA aspires to form an international political movement not so much based on ideology but rather on a common goal – fight against all corrupt politicians.
  • A Prince George businessman ran in the June 2, 1997 Canadian election in the district of Prince George-Bulkley Valley[44] under the name Zznoneoff, Thea Bove (Thea Bove Zznoneoff); ballots listing candidates alphabetically by surname, he appeared at the bottom. He came sixth of seven candidates with 0.977 percent of votes cast.
  • Geoff Richardson changed his full name to "Of The Above None" and stood as an independent for the seat of Gilmore at the 2007 Australian federal election. His name appeared as NONE, Of the Above on the ballot.[45]
  • In Ukrainian presidential election, 2010, a candidate Vasiliy Humeniuk changed his name to Vasily Protyvsih (Vasily Against-all). "Against all candidates" is the name of the "none of the above" vote used in Russia and Ukraine.[46][47]
  • In 2000, Michael Moore advocated a write-in candidate Ficus (the plant) for Congress as a unified vote for none of the above in congressional seats where the incumbent was running unopposed.[48]
  • David Gatchell of Tennessee ran for governor in 2002 and for Senate in 2006 as a protest, officially changing his middle name from Leroy to None of the Above.[49] In 2006, he got 3,738 votes (0.2 percent).
  • For the 2013 Pakistani general election, the Election Commission of Pakistan unilaterally decided that a ‘none of the above’ box will be available as a voting option on ballot papers during this election.[3] However, they subsequently decided against it owing to the short amount of time remaining till the elections.[50]

Cultural references[edit]

  • In the film Brewster's Millions, the protagonist Brewster (played by Richard Pryor) is required under certain conditions, to spend 30 million dollars in 30 days. He joins the race for Mayor of New York City and throws most of his money at a protest campaign urging a vote for None of the Above. The two major candidates sue Brewster for his confrontational rhetoric, leading to a massive settlement which of course furthers their competitor's goal. Brewster is forced to end his campaign when he learns that he is leading in the polls as a write-in candidate and has to publicly announce that he if he won the mayoralty he wants to decline it but is surprised his "None of the Above" campaign became so popular. Neither candidate wins the election, and a new election with different candidates must be held.
  • In the sixth season episode of Captain Planet called "Dirty Politics" three of the Eco-Villains are running for president and kidnap the fourth candidate, who is the most popular. Despite this over seventy percent vote None of the Above resulting in the need for a new election.
  • L. Neil Smith's novel The Probability Broach has an alternate history of the United States, where None of the Above has received the most votes for President of the North American Confederacy on multiple occasions.
  • Wavy Gravy has run a "Nobody for President" campaign during several different election years in the United States.

See also[edit]

References[edit]

  1. ^ "Russians Divided Over Electoral Reforms: Angus Reid Global Monitor". Angus-reid.com. Retrieved 2010-09-01. 
  2. ^ "Bangladesh amends election law incorporating 'no' vote option". Times of India. Jul 14, 2008. Retrieved 26 September 2011. 
  3. ^ a b http://tribune.com.pk/story/530557/none-of-the-above-vote-to-be-added-to-ballots-ecp/
  4. ^ a b c d Fund, John (September 10, 2012). "‘None of the Above’ Should Be on the Ballot". National Review. Retrieved 12 September 2012. 
  5. ^ ESCAÑOS VACIOS (ESCAÑOS VACIOS). Registry of political parties of the Interior Ministry of Spain (spanish).
  6. ^ ESCONS INSUBMISOS-ALTERNATIVA DELS DEMOCRATES DESCONTENTS (Ei). Registry of political parties of the Interior Ministry of Spain (spanish).
  7. ^ CIUDADANOS EN BLANCO (CENB). Registry of political parties of the Interior Ministry of Spain (spanish).
  8. ^ ALTERNATIVA EN BLANCO (ABLA). Registry of political parties of the Interior Ministry of Spain (spanish).
  9. ^ ESCONS EN BLANC/ESCAÑOS EN BLANCO (Eb). Registry of political parties of the Interior Ministry of Spain (spanish).
  10. ^ Escons en blanc dejará tres concejalías vacias en Cataluña. 8 June 2011. Europa Press (spanish).
  11. ^ Escons en Blanc aconsegueix que tres cadires quedin buides als consistoris catalans. Ara.cat (catalan)
  12. ^ a b "Election Manifesto 2010 / Landless Peasant Party". Landlesspeasants.org. 2010-04-12. Retrieved 2010-09-01. 
  13. ^ "General Election 2010: Derek Jackson, the man with his fist up behind Gordon Brown, becomes a Facebook hit". Metro.co.uk. 2010-05-07. Retrieved 2010-09-01. 
  14. ^ http://www.wallstreet-journal/archives/1976
  15. ^ http://www.santa barbara news-press/archives.1976
  16. ^ http://www.lasvegassun/archives
  17. ^ http://www.wallstreet-journal/archives/1978
  18. ^ http://www.latimes/archives
  19. ^ http://www.california/secretarystate/officialvoter's guide to 2000general election.
  20. ^ Bagriya, Ashok (29 January 2009). "EC suggests 'none of the above' option on the ballot". IBN Live. Retrieved 23 April 2011. 
  21. ^ Sorabjee, Soli J. (1 March 2009). "Right of negative voting". The Indian Express. Retrieved 27 September 2013. 
  22. ^ "India voters get right to reject election candidates". BBC News. 27 September 2013. Retrieved 27 September 2013. 
  23. ^ "SC's landmark judgement: Voters get right to reject". Deccan Chronicle. 27 September 2013. Retrieved 27 September 2013. 
  24. ^ "Voter has right to negative voting: SC". The Hindu. 27 September 2013. Retrieved 27 September 2013. 
  25. ^ http://eci.nic.in/eci_main1/current/PN_28102013.pdf
  26. ^ Jain, Bharti (27 September 2013). "Will implement voters' right to reject candidates straight away: Election Commission". The Economic Times. Retrieved 27 September 2013. 
  27. ^ Jain, Bharti (27 September 2013). "Will implement voters' right to reject candidates straight away: Election Commission". Times of India. Retrieved 2013-09-27. 
  28. ^ "Voters have right to reject, poll panel must give them option, says Supreme Court". Hindustan Times. 27 September 2013. Retrieved 2013-09-27. 
  29. ^ http://eci.nic.in/eci_main/ElectoralLaws/OrdersNotifications/NOTA_11102013.pdf
  30. ^ "NOTA". Electoral Commission. Retrieved 2009-07-08. 
  31. ^ Registration of Political Parties (Prohibited Words and Expressions) (Amendment) Order 2005 at legislation.gov.uk
  32. ^ "No Candidate Deserves My Vote!". Electoral Commission. Retrieved 2010-03-09. 
  33. ^ http://www.steveofstevenage.org.uk Steve of Stevenage
  34. ^ http://news.bbc.co.uk/2/shared/election2010/results/constituency/e43.stm "Stevenage." BBC.
  35. ^ Filton and Bradley Stoke. UK Polling Report. Retrieved 7 May 2010 
  36. ^ None of the above, says name-change Bristol candidate. Bristol: Bristol Evening Post. 7 April 2010. Retrieved 7 May 2010 
  37. ^ Mr 'None of the Above' Zero set to stand in Filton and Bradley Stoke. Bristol: The Bradley Stoke Journal. 11 April 2010. Retrieved 7 May 2010 
  38. ^ Wakefield, Kate (10 May 2010). As it happened: Bristol Election 2010. BBC 
  39. ^ Basildon boxer to fight election as 'None Of The Above', BBC News, (27 April 2010)
  40. ^ "BBC NEWS – Election 2010 – Basildon South & Thurrock East". BBC News. 
  41. ^ "South Wales Anarchists". South Wales Anarchists. 2009-05-08. Retrieved 2010-09-01. 
  42. ^ Tribune, Express (January 23, 2013). "Effective legislation proposed to ensure transparency in general elections". Express Tribune. Retrieved 23 January 2013. 
  43. ^ "Make Votes Count In West Sussex". Mvcwestsussex.org.uk. 2006-03-20. Retrieved 2010-09-01. 
  44. ^ http://www2.parl.gc.ca/Sites/LOP/HFER/hfer.asp?Language=E&Search=Gres&genElection=36&ridProvince=2&submit1=Search
  45. ^ "About". None Of The Above. 2007-03-16. Retrieved 2010-09-01. 
  46. ^ CEC registers two more candidates for Ukraine's president, Interfax-Ukraine (November 6, 2009)
  47. ^ Three candidates united by disgust with authorities, Kyiv Post (November 19, 2009)
  48. ^ Ficus Plant Announces Candidacy For Congress
  49. ^ [1][dead link]
  50. ^ http://tribune.com.pk/story/531463/ecp-decides-against-introducing-none-of-the-above-vote/

External links[edit]