There is often no clear distinction in electoral law or practice between the powers and functions of an EMB. In some electoral laws, all EMB activities sanctioned by law are referred to as powers. In many electoral laws, ‘powers and functions’ are referred to jointly and in others, as in Bosnia and Herzegovina, the law merely lists activities that the EMB ’shall’ perform. It could be argued that an EMB’s powers refer to those activities for which an EMB can make, of its own accord, rules, directions or determinations that affect rights and activities of others, such as making regulations, and determining electoral disputes. These may be reviewable by other bodies. An EMB’s functions could then be described as those activities in which it merely implements decisions – for example in training staff or informing voters. These may also be subject to external review.

EMB powers and functions are influenced by many factors.

• The result of the negotiation processes among political forces, within the country or beyond, which paved the way for the EMB’s establishment, is generally a strong influence, particularly in countries recently emerging into democracy.
  
  

Other specific political, administrative, and geographic influences can include:

• the structure of the state (e.g. unitary or federal, presidential or parliamentary),
• demographics,
• the electoral system (for example single or multi-member electoral districts),
• and the existence of other electoral service providers.

 

The historical interaction of these factors within each country has created a wide variety of models for EMB powers and functions.