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The Legislature – An EMB Stakeholder

The legislature is the body which would usually be responsible for making laws, including electoral laws, and it may also approve the government budget and scrutinize all public accounts, including those of the EMB. In many countries, the EMB is required by law or convention to submit election reports and also annual reports to the legislature.

Maintaining a good relationship with the legislature enables the EMB to put forward its budget proposals and reports knowing that they will be dealt with by a body that has some understanding of its activities.

In Australia, for example, there is a special committee of parliament that deals with all issues that affect the EMB, while in Namibia, the speaker of parliament handles all matters relating to the EMB, including the tabling of its budget. In both cases, it is important that the EMB have regular consultations with the relevant offices or committees to brief them on issues of mutual interest and also to provide them with copies of relevant EMB documents.

In some countries, such as Costa Rica and Uruguay, the EMB has the power to propose amendments to the electoral law. In countries such as Canada and Palestine, the EMB may make recommendations for amend¬ments to electoral laws, while in others, this is done by a line ministry or a government office. EMBs may play a particularly important role in the development of the electoral legal framework in emerging democracies. It is advisable for the EMB to liaise with the legislature to sensitize it about electoral reform needs and the importance of amendments to electoral laws being passed long enough before an electoral event to allow the EMB to make appropriate prepara¬tions. There are numerous examples of delays in law-making, as in Malawi in 1997, arising from lack of understanding or cooperation between the legislature and the EMB or between the legislature and the head of state, which affected electoral performance.

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