National Legislation Impacts Roles of Election Authorities
Elections take place within a legislative context which can either support or inhibit goals of voter education. Election management authorities may consider, not only their own legislative jurisdiction but also legal provisions which may impact their ability to inform and educate voters and achieve popular participation in electoral processes. In this regard, it is important to understand that the election management authority normally will have to rely on the elected government (or in the case of transitional societies, the statutory authority) to prepare and pass appropriate legislation.
Unlike most other legal guidelines, however, legislation relating to electoral systems; the conduct of elections; the freedoms of speech, information, and association; campaign finance; and political activity, can be manipulated to benefit an incumbent party or regime. Not only can this have implications for the general management of elections, it can also impact the effectiveness of efforts to inform and motivate voters.
At the earliest possible opportunity, therefore, election management authorities may want to develop mechanisms to reduce the impact of particular political circumstances on all legislation which has electoral consequences. Such mechanisms may include the placement of certain electoral procedures within the constitution, requiring special majorities, particular committee approval, or public notificationand participation procedures prior to amendment.
Good Election Legislation Facilitates Voter Education
Beyond this, there are other important considerations to be addressed with respect to election legislation.
1) Voter information and education tasks will be easier if legislation and regulations reduce complexity and encourage general participation.
In particular, legal definitions of, and practices relating to, spoiled and invalid ballots can be either restrictive, and as such punitive, or open. Provisions relating to ballot design can either be complicated, and therefore confusing, or straight-forward. The process of voting can be facilitated, both psychologically and physically, by the number, accessibility, and location of voting, voting stations; the quality and training of electoral officers; hours of voting; the provision of special voting services; and the ease of registration.
While there is a general presumption that those drafting electoral legislation favour the widest possible access to the election, history suggests that this has not always been the case. Legislation should be inherently democratic. If it is not, it may be necessary for public advocacy groups to engage in voter information, education, and mobilisation in order to change the system.
Consistency, both within and between legislation, is of significant importance. Are all of the laws and provisions governing elections, for example those pertaining to voting rights, local elections, national elections, referenda, campaign finance, public information and campaign activity, and administrative and criminal penalties consistent? It is not uncommon for national and local election laws to contain inconsistent or conflicting provisions. This will present real problems if national and local elections are held concurrently. If there are conflicting deadlines for voter registration, or differing methods for marking ballots, or varying procedures for filing a complaint, confusion is likely to rule the day and the task of educating voters will be considerably more complicated. To avoid these types of problems, some countries have adopted universal electoral codes.
2) Education is not necessarily a neutral activity.
Fears may arise that giving carte blanche to all sorts of groups in society to go into the field and provide education will lead to anti-government propaganda, biased promotion of particular parties, and incorrect information. Legislation, therefore, can be restrictive in determining who can undertake voter information and education. At present, however, most electoral legislation gives very limited attention to the matter of voter education. This often means that the election management authority has discretion in engaging non-statutory bodies, organisations, or individuals,.Newly appointed election management authorities often find it difficult to exercise this discretion in societies where the demand for information and education is great but where resources are limited and awareness, acceptance and trust of alternative educators is nascent.
There are ways resources can be maximised if the legislation either has defined voter education expansively or at least has given the election management authority the power to draw in other national or international organisations and individuals.
