OSCE/ODIHR report on United States general elections recommends measures to ensure universality and equality of vote for all citizens

While stating that the 8 November 2016 elections were highly competitive and demonstrated commitment to fundamental freedoms of expression, assembly and association, the final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on the general elections in the United States recommends that restrictions on voting rights be brought in line with OSCE commitments and other international obligations and standards.

The report, published on 18 January 2017, recommends that residents of District of Columbia and United States overseas territories should be provided with full representation rights in Congress, and that residents of overseas territories also be extended the right to vote in presidential elections. The report also recommends that widespread restrictions on those with criminal convictions be reviewed to ensure that all limitations are proportionate.

The report also recommends several measures to help meet requirements regarding the equality of the vote and to ensure the right and opportunity to vote for all citizens, including the establishment of independent redistricting commissions to draw district boundaries free from political interference. The report also urges Congress to establish a formula to identify jurisdictions to be subject to Section Five of the Voting Rights Act, in line with Shelby County v. Holder, in which the Supreme Court ruled that the formula in place was based on data too old to respond to current needs.

With more than 35 million eligible citizens estimated as not registered for these elections, the report recommends measures to address undue obstacles and burdensome registration procedures faced by marginalized groups, adding that federal standards for voter identification could be established to address voter identification requirements that could have a discriminatory impact.

To help address security, functionality and reliability concerns of aging equipment, the report recommends that additional resources be allocated to upgrade or replace existing electronic voting and counting machines.

Citing restrictions on election observation, the report recommends that legislation should guarantee access in all states to international observers invited by the United States authorities, to ensure full compliance with OSCE commitments.

Additional recommendations relate to improving the transparency of campaign finance, secrecy of the vote, participation of voters with disabilities, ballot access, early voting and election administration.

For election day observation, the ODIHR Election Observation Mission joined efforts with the OSCE Parliamentary Assembly delegation.