It is beneficial for EMBs to establish rules governing the behaviour and conduct of EMB members and all staff. These need to be consistent with, and could be complementary to, any behavioural requirements in the constitution or any law. Such rules are commonly issued as a code of conduct.
It is good practice to require all EMB members, staff, and contracted personnel to sign a document indicating their acceptance of and adherence to the EMB’s code of conduct as a condition of their appointment. To be effective, the code needs to be backed by appropriate and enforceable sanctions for breaches, and a fair process for determining allegations of breaches. In some countries, allegations of breaches of the code are dealt with internally under the EMB’s own, or general public service or employee, disciplinary provisions. In others, an independent tribunal may be set up to deal with allegations of code breaches against EMB members.
Basic issues to be included in a code of conduct are:
- commitment to maintaining the integrity of all electoral processes;
- support for the principle of political non-partisanship;
- avoidance of conflicts of interest;
- provision of quality service to voters and other stakeholders; and
- adherence to regulations and management directions
One code may be applicable to all members and staff of the EMB, or there may be codes of differing lengths and detail for various levels of staff, according to responsibilities. It may be more appropriate to have a simpler code for lower level or temporary staff with limited responsibilities. For example, for polling station officials, a simple statement committing them to obey all relevant laws, and maintain impartiality and ballot secrecy, may be sufficient.
Detailed codes of conduct for EMB members and more senior staff may also include one or more of the following:
- transparent and accountable actions based on law;
- professional behaviour in all actions;
- accuracy in all work.
Even in cases where members of an EMB are political party nominees, or representatives of government, a code embodying the above principles is still applicable. No matter what EMB model or composition is in place, all EMB members and staff are expected to uphold the integrity of electoral processes and to refrain from acting in any manner that is in conflict with their role as impartial electoral referees.
Specific regulations for non-partisanship of members and employees could look like the following:
- Act in a strictly neutral and unbiased manner in every matter concerning a political party, candidate, voter, or member of the press or media.
- Do nothing that could indicate, or be seen as indicating, partisan support for a candidate, political party, political actor, or political tendency.
- Behave, at all times, in an irreproachable manner, exercise sound judgement, and observe the highest levels of personal discretion.
- Disclose any relationship that could lead to a conflict of interest with duties as election administrators.
- Accept no gifts or favours from a political party, organisation, or person involved in the election process.
- Reject any improper influences and, except as provided by law or custom, refrain from accepting directions relating to the performance of appointed tasks from those not authorized it give such directions.
- Do not participate in any unauthorised activity, including any private activity, that could lead to an actual or perceived conflict of interest with their duties as election administrators.
- Do not express a view on any subject that is likely to be a political issue in the election.
- Do not communicate with any voter on a matter of partisan significance.
- Do not wear, carry, or display any obviously partisan party symbols or colours.
These principles will require amendment to reflect the partisan nature of some EMBs. Nevertheless, an EMB with a partisan composition should seek to abide by the underlying principles in order to be impartial in its actions and develop and sustain its credibility.
