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Avoidance of Conflicts of Interest

EMBs make decisions involving the fast and effective spending of large budgets. High-value individual supply agreements – for items such as ballot boxes, ballot papers, and computer equipment – can be of huge benefit to the winning supplier. Connections between EMB members or staff, and suppliers, other election participants, and stakeholders who can gain benefit from EMB decisions can lead to perceptions of conflict of interest, damaging to the EMBs public credibility, or real conflicts of interest damaging to its integrity. General public service legislation may cover these issues in relation to public servants serving in EMBs. In Hungary, the law on public procurement, which deals with conflicts of interest, applies to the electoral process as well.

Conflict of interest provisions could be included in legislation or EMB regulations, and can be part of an enforceable code of conduct for EMB members and staff. They would usually specify that EMB members and staff who have an interest or potential interest in a matter that comes before the EMB for consideration and decision, should notify the EMB of their interest in a timely manner and refrain from participation in the consideration of that matter. To be effective, realistic enforceable sanctions for breaches of conflict of interest provisions are necessary, such as dismissal from the EMB or other disciplinary action.

The same is true of EMB members’ and staff contacts with or links to political parties and candidates. Such contacts or links should be disclosed in a timely manner and refrain from participation in making any decision that might benefit the relevant parties or candidates.

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