Ombudsman declines to file charges against election officials in Jyväskylä and Hämeenlinna

The Ombudsman will not file charges regarding the actions of election officials in Jyväskylä and Hämeenlinna during the 2023 parliamentary elections. One case involved the improper sealing of a ballot envelope, while the other related to a voter’s name that had been crossed out on the electoral register.

Complaints were lodged to investigate the legality of the election officials’ actions at an advance voting location in Jyväskylä and the procedures followed by the electoral committee on the actual election day in Hämeenlinna. Ombudsman Petri Jääskeläinen ordered preliminary investigations into both complaints.

The issue in Jyväskylä revolved around election law and instructions from the Ministry of Justice, which state that voters must seal their ballot envelopes themselves during advance voting. In this case, an election official sealed the envelope on behalf of the voter. The Ombudsman initiated an investigation because the sealing of the ballot envelope is a critical and clearly defined duty of the election official, violating it could theoretically lead to electoral fraud or the breach of voting confidentiality if the envelope is left open when the voter departs.

In Hämeenlinna, a voter was unable to cast a ballot because their name had already been crossed out from the electoral register. The voter claimed they had not yet exercised their right to vote. The Ombudsman deemed it necessary to investigate this potentially erroneous procedure thoroughly.

In his assessment, the Ombudsman noted that the first secretary trained by the central electoral committee acted against election law and instructions from the Ministry of Justice. He acknowledged the violation but ultimately decided against filing charges due to uncertainties surrounding who crossed out the voter’s name and the circumstances involved. Although it appeared to be a mistaken crossing out, complete clarity was not achieved. The committee chair had also sought guidance from the central electoral committee but could not find clear legal instructions for the situation.