Many nondemocracies hold multiparty elections while also adopting institutions of de jure judicial independence; yet there is debate over how nondemocratic courts can affect election integrity. This paper argues that increased de jure independence creates incentives for opposition recourse to the courts, which reduces election fraud due to greater legal exposure for election-manipulating agents and the ruling party. However, this effect occurs only when competition is low and the ruling party has limited incentive to intervene. These predictions are distinct from those of prior work, and they are supported by an analysis of cross-national election-year data from 1945 to 2014. Preprocessing techniques are used to reduce concerns about endogeneity and confounding. The results show that principal-agent dynamics can occur in manipulated elections even when incumbents remain in office, challenge the centrality of protest risk as a deterrent to manipulation, and offer a framework for predicting when de jure reforms translate to behavioral independence.
AbstractThe risk of popular protest is one of the few deterrents against election manipulation in authoritarian regimes and unconsolidated democracies, but why are some fraudulent elections met with popular protest while others are not? We use data from elections in 108 countries, from 1980 to 2004, to show that the regime's choice of election manipulation tactics affects the likelihood of post-election protest. Leaders signal their strength and resources by manipulating elections, but some manipulation tactics send stronger signals than others. We find that opposition groups are more likely to protest when relatively cheap administrative fraud is employed, but not when more costly forms of manipulation – extra-legal mobilization and voter intimidation – are used. This study demonstrates the importance of accounting for variation in electoral manipulation tactics, and the information communicated by those tactics, in explaining post-election protest and the stability of electoral authoritarian and newly democratic regimes.