Experts say Borlänge vote-fraud case tests untested law

Allegations that voters in Borlänge were driven to polling stations and given pre-marked ballots have exposed uncertainty over what constitutes election fraud, SVT reports. The events linked to a preferential-vote campaign for Left Party candidate Mohamed Abdukardir Ali are being investigated by the police National Operations Department.

Several media outlets have reported that people were seen transporting voters and providing them with ballots marked in advance. Aftonbladet has also reported that one person was seen handing out money together with the ballots.

The suspected offence is known in Swedish law as improper influence at voting. It is unusual, and there is little legal precedent to clarify which actions are criminal.

“It was a very long time ago that anyone was convicted of this offence, and I cannot recall a case involving preferential votes. This will be a delicate matter to investigate,” Erik Wångmar, an associate professor of political science at Linnaeus University, said on SVT’s Morgonstudion programme.

People convicted of the offence can face imprisonment. However, without precedent from similar cases, it is difficult to determine which actions would be considered most serious, according to Joakim Nergelius, a professor of law at Örebro University.

“It is absolutely not a trivial offence. But different courts could reach different conclusions,” Nergelius said.

Aggravated cases can carry a prison sentence of up to four years. Nergelius said that would require very exceptional circumstances, such as someone throwing a bomb into a polling station.

Transporting voters to a polling station is not traditionally considered a crime, Nergelius said. However, organised transportation arranged by political parties could approach conduct that is prohibited.

Providing improper benefits, such as money, could constitute an offence. Pre-marked ballots are more difficult to assess because there is no clear legal precedent, particularly since Sweden’s preferential-voting system was introduced only in the late 1990s.

“I would say that it is not permitted, but I cannot say that with certainty. The idea is not for parties to select in advance who should be voted into office,” Nergelius said.

Neither the police nor prosecutors have confirmed to SVT exactly what the election-fraud suspicions concern. SVT has no information that Mohamed Abdukardir Ali is suspected of a crime.