In some countries, the legal framework provides for a two-stream procedure for the appointment of EMB members: one for the chair and another for all other members. In some cases, the EMB chair serves as a "first among equals" appointed by the head of state/government at a level higher than the other members, and in others the legislature appoints the EMB chair, while the other members are appointed by the Head of State and the Prime Minister respectively. An EMB Chair can also be appointed at the level of a senior judge, while other members are at the level of judges of a lower court.

Where the EMB chair is appointed on different terms from the other members and at a higher level, he or she tends to play a more prominent role, over and above the role of presiding over the EMB’s meetings. He or she may have additional powers in relation to matters such as chairing various EMB internal subcommittees, actively supporting the secretariat in policy implementation and monitoring, and liaising with stakeholders. In Lithuania, for example, the EMB chair has specified powers to hire and fire staff, to keep and direct the use of the EMB seal, and also to represent the EMB in state institutions, in court, and in international organisations. In Liberia, the Chair of the National Elections Commission is also by law the official spokesperson for the Commission, though there are secretariat staff carrying out the day-to-day work of maintaining contacts with the media.

In many countries, all EMB members are appointed on the same terms, and the chair (and in some cases the vice-chair and secretary) is elected by his/her peers after the first meeting. In this context, the main responsibility of the chair is to preside over the meetings of the commission and/or its subcommittees if necessary.

There are no specific advantages or disadvantages associated with specifically appointing a person as EMB chair as a first among equals or having members of the EMB select their chair from among themselves. The appropriate practice depends on the context in which the EMB structure was originally designed and continues to function.

The case for a ‘first among equals’ EMB chair is stronger where the EMB is still nascent and requires some nurturing, and the position is full-time. This may also apply where the Chair is a full-time position and other members are part time. Where the EMB is a part-time body, it may be more appropriate for the chair to be elected by his or her peers and for him or her to have the same conditions of service as all other EMB members.