The majority of EMBs have powers to make rules, regulations and determinations which are binding on all players in the electoral process: voters, political parties and candidates, the media and observers, provided such rules, regulations, and determinations are consistent with both the constitution and electoral laws.

There are some EMBs whose powers are executive, legislative, and judicial. For example, the establishment of powerful EMBs was necessary to curtail the dominance of the executive over the other branches of government under the oligarchic governments of Latin America at the turn of the 20th century. In countries such as Costa Rica and Uruguay, EMBs became known as the fourth branch of government. These EMBs can make regulations, directions, and reviews of regulations that are binding on the electoral processes, and their decisions cannot be reviewed by any other branch of government. They also have executive powers to call and conduct elections, to certify or nullify election results, and to resolve election disputes.

In other parts of the world, EMBs’ regulations are subject to review by the courts and must also be consistent with the electoral laws. Some EMBs have powers which combine executive powers with a greater or lesser degree of adjudicative power. For example, the EMBs in Cameroon, Romania, Papua New Guinea, and Philippines have powers to investigate and, where appropriate, prosecute violations of electoral laws. In Cambodia, the EMB has powers to investigate and resolve disputes of an administrative nature or disputes which do not necessarily fall within the jurisdiction of the courts.

The majority of EMBs have powers which are primarily of an executive nature, related to implementing electoral activities. The Yemen EMB can initiate secondary legislation, while in many countries, EMBs can make regulations or issue proclamations.

In some countries, these powers extend to determining the election date, within parameters set by law that are often fixed to a time period defined by the end of an elected body’s term of office.

Some examples of EMB powers:

• In India and Pakistan, the EMB has the power to draw up an election schedule and issue the election writ.
• In Russia, the EMB can call an election if the legislature has failed to do so.
• In Yemen, the EMB has the power to call a by-election but not a general election.
• In some cases, such as Thailand and Uruguay, the EMB has the power to order re-polling if an election did not proceed in an honest and fair manner as defined in the law.
• Sub-district level committees of the Indonesian EMB can do likewise for individual polling stations.
• The Namibian EMB can order a re-poll in the event of violence or an emergency.

However, many EMBs have no influence on when an election is called. In countries such as Mexico and the United States, elections are held on a fixed date, and in many countries following the Westminster Model, the power to call elections is vested in the leader of the government or the president of the state.