Laws are usually enacted by the legislative branch of government, and are enforced by the police and the courts. A number of interrelated laws may support election integrity. There may be a specific election statute, along with legislation to enforce the law. There may be criminal codes for punishing illegal activity, and civil laws that deal with defamation of character and other acts causing personal harm.

In countries with a federal system of government, an added complication is that there are both local and national laws. The end result can be a maze of legislation with perhaps conflicting provisions. Laws must not be vague or too broad, or open to differing interpretations. Disputes arising out of conflicting laws can be settled only in court.

The legislative branch of government is usually responsible for establishing all the institutions and passing the laws required to implement the country’s constitution. For example, the constitution may provide for a system of local government. Legislative provisions must be adopted authorizing the electoral administration to hold elections for these offices. Other provisions are needed to govern local bodies; otherwise, the elected officials will have no authority.

For election integrity, laws must be adopted safeguarding the principles of free, fair and competitive elections. The laws must be updated regularly to keep pace with political and technological changes in the country.

In New Zealand, the Electoral Law Committee provides the needed flexibility. The committee is appointed by each new Parliament to consider electoral matters. After a general election, the committee examines administrative and legal aspects of the election. It reviews reports from the Chief Electoral Officer, the Ministry of Justice and the Electoral Enrolment Centre, as well as public comments. It then makes recommendations to Parliament, proposing revisions to the electoral law. [1]

Electoral Law

In place of a series of statutes, many countries have adopted a comprehensive national election law, which covers most aspects of the electoral process. Among these are: the mandates of the electoral policy and management bodies; the timetable for elections; voter eligibility criteria; candidate and political party registration; principles for polling and vote counting; oversight mechanisms; and penalties for violations of the law. The legislation also sets out the procedures and mechanisms for dealing with complaints and disputes regarding the electoral process.

Systems that have a single, comprehensive election law minimize the risk of integrity issues stemming from possible conflicts between different pieces of legislation. If there is a single statute, the enforcement mechanisms for upholding the law can be set out within that law, specifying the responsibilities of the electoral policy or management bodies, the courts, and other enforcement agencies.

Applicable Penal Laws

Election integrity issues that involve fraud, corruption or violence usually fall under the criminal codes of each country. The codes cover actions that go beyond election-specific problems and instead have to do with maintaining law and order, or fighting fraud and corruption in general. Some criminal codes may contain laws that deal directly with electoral fraud and corruption; examples are provisions regulating campaign financing, barring efforts to bribe voters, or limiting financial contributions to campaigns.

It is important to see that penal codes have provisions dealing with electoral law violations and that criminal offences do not go unpunished because of omissions in a code. This need was recognized in the recent electoral reforms in Mexico: a special prosecutor’s office was created, with responsibility for ensuring that the country’s penal codes cover criminal acts related to elections. [2]

Civil Rights Laws

Some countries have adopted civil rights laws to protect voter rights and prevent discrimination. Supplementing provisions that safeguard political rights, these laws target specific areas of discrimination, or arbitrary treatment of minorities or other groups by government or individuals.

In the United States, for example, Congress passed a series of civil rights acts to eliminate racial discrimination. The legislation outlawed arbitrary discrimination in voter registration and created a commission to investigate civil rights issues. In addition, Congress passed the Voting Rights Act; this banned restrictions that had been used to prevent electors belonging to certain minority groups from exercising their right to vote. [3]

NOTES

[1] Electoral Commission of New Zealand, Everything You Need to Know About Voting Under MMP, Wellington: GP Publications, 1996.

[2] Saldana, Agustin Ricoy, “Electoral Offenses (Mexico),” paper presented to the Third Annual Trilateral Conference on Electoral Systems, Washington, D.C., May 8-10, 1996, published by International Foundation for Election Systems, p. 10.

[3] Plano, Jack and Milton Greenburg, The American Political Dictionary, 8th edition, New York: Holt, Rinehart and Winston, 1989, p. 108.