The structure, powers, functions, and responsibilities of the EMB are defined in those parts of a country’s legal framework dealing with electoral processes. Especially in emerging democracies, the current trend is to develop a comprehensive legal framework that guarantees the independence and integrity of the electoral process, promotes consistency and equality in electoral management, and promotes full and informed participation in electoral events by political parties, civil society organisations, and electors. The full legal framework for elections can be based on a variety of sources. These include:

• International documents, for example Article 21 of the Universal Declaration of Human Rights, which states in clauses (1) and (3) that ‘Everyone has the right to take part in the government of his country, directly or through freely chosen representatives’ and ‘The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures’;
• the constitution;
• national laws, the relevant portion of which may take the form of one comprehensive electoral code. Alternatively, there may be a set of laws covering different aspects of the electoral process. Some countries define the structure, composition, and powers of their EMB in a separate law;
• provincial or state laws, which, particularly in federal countries, may govern processes for provincial or state and local electoral events (as in Australia) or for national electoral events (as in the United States);
• ordinances and regulations made by national or lower level authorities;
• regulations, proclamations, and directives issued by an EMB, if it has powers to do so;
• customary laws and conventions which may be integrated into electoral law, or EMB regulations or policies, dealing with issues such as separate voter registration and voting arrangements for women and men;
• administrative policies made by an EMB or other bodies; and
• codes of conduct (voluntary or otherwise) which may have a direct or indirect impact on the electoral process, such as for EMBs, election participants, observers, and election reporting by the media.

The organisation and administration of electoral processes always involves a substantial mass of detail, and is, particularly to those unfamiliar with it, surprisingly complex. It is therefore usual for it to be specified in written laws and regulations, rather than determined through unwritten tradition or administrative policy making. Written law and regulations provide the benefits of certainty, visibility, and transparency, are easier to subject to judicial review, and are accessible to interested parties, including electors. The legal certainty provided by a detailed exposition of electoral processes embedded in law, backed by constitutional authority, will tend to promote confidence in the consistency, fairness, and even-handedness of electoral administration, and provide clear opportunities for legal redress. The level of detail specified at different levels of the legal framework will vary from country to country, depending on factors such as systems of law and the levels of trust in EMBs to make fair and consistent decisions and policies.

Further detailed discussion of the legal framework for elections can be found in the topic area Legal Framwork.