Regulations are sets of procedures and rules that institutions adopt to carry out the responsibilities given to them by the legal framework. Generally, executive agencies or ministries have the power to issue regulations without legislative action. The regulations describe how election administration operates.

Electoral policy and management bodies are authorized by the constitution or applicable electoral laws to issue electoral regulations. The regulations govern how elections should be conducted and how political parties competing in the elections should behave. Regulations, issued by these or other election-related bodies, also apply to other aspects of an election, such as the media, campaign financing and lobbyist registration.

For free and fair elections, regulations should follow the same principles of integrity found in the Principles and Guiding Principles. To be effective, regulations must be clear and equitable, and must minimize restrictions on the political freedoms of candidates and voters. Good regulations can help ensure a fair process, equality of opportunity and the accountability of all participants. Since regulations are issued by an agency, they are easier to change than legislation and provide electoral administrators with tools for dealing with integrity problems as they arise.

Regulations are similar to legislation. They authorize election officers to act with complete independence in performing certain tasks, but they also limit the officers’ freedom of action. It is necessary to monitor compliance with regulations and their enforcement. This helps ensure the accountability of election officers and others involved in administering the electoral process. The penalties and sanctions for non-compliance are usually set by the regulations. They may range from fines to imprisonment, depending on the offence.

Decrees

Some systems allow the government to issue decrees on electoral matters. Decrees are similar to regulations in that they are executive branch orders having the force of law. In Argentina, for example, a presidential decree in 1997 created a National Office of Public Ethics within the Office of the President. The office was mandated to develop national rules of public ethics and to monitor their enforcement. [1]

NOTES

[1] Office of the President, Official Bulletin, No. 28,590, 1st Section, February 20, 1997, Argentina.