A.
INTERNATIONAL LAW AND POLICY
1. Treaties
and Other Legal Texts
a.
Global
United Nations, International Covenant on Civil and
Political Rights (ICCPR) and Optional Protocol (No 1, allowing
individuals to submit complaints to the Human Rights Committee), adopted by the
UNGA on 16 December 1966 and entered into force 23 March 1976
Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW), signed in New York City, 18 December
1979, entered into force 3 September 1981, 1249 UNTS 13
b.
Regional
Council of Europe, Convention for the Protection of Human Rights and Fundamental Freedoms
(“European Convention”), adopted 4 November 1950, entered into force 3
September 1953, E.T.S. 005
American Convention on Human
Rights (adopted 22 November 1969), entered into force 18 July 1978, 1144
U.N.T.S. 123, O.A.S. Treaty Series No. 36
African [Banjul] Charter on
Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5,
21 I.L.M. 58 (1982), entered into force Oct. 21, 1986
ECOWAS, Protocol on Democracy and Good Governance (Protocol to
the ECOWAS Treaty supplementary to the Protocol Relating to the Mechanism for
Conflict Prevention, Management, Resolution, Peacekeeping and Security. Adopted
Dakar, Senegal (21 December 2001); ECOWAS Protocol A/SP1/12/01
African Union, African Charter on Democracy, Elections
and Governance (adopted in Addis Ababa,
30 January 2007), not entered into force
2.
Declarations, Resolutions and Interpretations
a.
Global
United Nations, Universal Declaration of Human Rights,
UN General Assembly Res. 217 A (III) (10 December 1948)
UN, Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms, UN
General Assembly Res. 53/144 (8 March 1999), UN Doc. A/RES/53/144
UN Human Rights Committee, General
Comment 25 of the United Nations Human Rights Committee on Article 25 of the
International Covenant on Civil and Political Rights (12 July 1996), UN
Doc. CCPR/C/21/Rev.1/Add.7,
General Comment No. 25 (General Comments)
UN
Human Rights Committee, General Comment No. 31 [80]: Nature of the General
Legal Obligation Imposed On States Parties to the Covenant (29 May 2004), UN Doc. CCPR/C/21/REV.1/ADD.13 (General
Comments)
UN Human Rights Committee, General
Comment No. 32, Article 14: Right to equality before courts and tribunals and
to a fair trial (23 August 2007), UN Doc. CCPR/C/GC/32
UN Commission on Human Rights, Enhancing the
Effectiveness of the Principle of Periodic and Genuine Elections; Framework for
Future Efforts, Res. No 1989/51 (7 March 1989), Annex (Official Record of the Economic and Social
Council, 1989, Supplement No 2, UN Doc. No E/1989/20,
Chap. II, Sect. A
UN Sub-commission
on Prevention of Discrimination and Protection of Minorities, Draft General
Principles on Freedom and Non-Discrimination in the Matter of Political Rights
(Annex to Res. I
[XIV], Fourteenth Session, 1962), UN Doc. E/CE.4/830-E/CN.4/Sub.2/218, para. 159
b.
Regional
Organization for Security and Cooperation in Europe
(OSCE), Second Conference on the Human Dimension of the CSCE (Copenhagen, 5
June – 29 July 1990), Document of the Copenhagen Meeting of the Conference on
the Human Dimension of the CSCE (“Copenhagen Document”)
OSCE, Charter of Paris for a New Europe (Concluding
Document of the CSCE Summit, 21 November 1990)
OSCE, Concluding Document of Vienna: The Third Follow
Up Meeting (19 January 1989)
European Commission for Democracy Through Law (“Venice
Commission”), Council of Europe, (CoE/VC), Code
of Good Practice in Electoral Matters, Guidelines and Explanatory Report, adopted
18-19 October 2002, Opinion No
190 (2002), CDL-AD 2002(23) (Strasbourg, 30 October 2002)
Organization of American States (OAS), General
Assembly, Inter-American Democratic
Charter (Lima, 22 September 2001)
3.
Reports
Report of the Global Commission on Elections, Democracy and Security, Deepening Democracy: A Strategy for
Improving the Integrity of Elections Worldwide
(September 2012)
Published by International IDEA and the Kofi Annan foundation, 70 pp. (26
November 2012)
The Carter Center, Dispute Resolution Program, Guide to Electoral Dispute Resolution
(D. Finn, drafter), January 2010, 135 pp.
National Democratic Institute for International
Affairs (NDI), Promoting Legal Frameworks
for Democratic Elections: An NDI Guide for Developing Election Laws and Law
Commentaries, by Patrick Merloe (Washington, 2008)
OSCE/ODIHR, Existing
Commitments for Democratic Elections in OSCE Participating States,
principal author Daniel Finn, (Warsaw, October 2003)
OSCE/ODIHR, Resolving
Election Disputes in the OSCE Area: Towards a Standard Election Dispute
Monitoring System, OSCE Office for Democratic Institutions and Human
Rights, by Denis Petit (Warsaw, 2000)
B.
ELECTORAL EXPERIENCE AND
INFORMATION
1.
Articles, Books and Papers
Barkan, Joel, and Njuguma
Ng'ethe. “Kenya Tries Again.” Journal
of Democracy 9 (2), 1998
Beetham, David. “Freedom as
the Foundation.” Journal of Democracy 15 (4), 2004, pp. 61–67
Birch, Sarah. “Explaining
Confidence in the Conduct of Elections.” Paper presented at the Public Opinion
and Political Parties Conference, University of Essex,
September 9–11, 2005
Birch, Sarah, and Bob Watt.
“Remote Electronic Voting: Free, Fair and Secret?” The Political Quarterly
75 (1), 2004, pp. 60–72
Bjornlund, Eric C. Beyond
Free and Fair: Monitoring Elections and Building Democracy. Washington, D.C.:
Woodrow Wilson Center
Press, 2004
Boneo, Horacio. “Observation
of Elections.” International Encyclopedia of Elections, ed.Richard Rose.
Washington, D.C.: Congressional Quarterly, 2000,
pp. 197–198.
Buruiana, Procop; Sandra
Elena; and Violaine Autheman. Global Best Practices: Income and Assets
Disclosure Requirements for Judges, IFES Rule of Law White Paper Series. Washington, D.C., 2004.
Carlson, Jeffrey, and Marcin
Walecki. “Guide to Applying Lessons Learned from IFES Money and Politics (MAP)
Projects”, (IFES, unpublished)
Carothers, Thomas. “The
Observers Observed.” Journal of Democracy 8 (3), 1997
Dahl,
Robert, Money and Politics in Indonesia,
vol. 4, IFES Project Report (Washington
DC, 2003)
Delwit, Pascal, Erol Kulahci,
and Jean-Benoit Pilet. “Electronic Voting in Belgium:
A Legitimised Choice?” Politics 25 (3), 2005, pp. 153–154
Donsanto, Craig. “The Federal
Crime of Election Fraud.” Paper presented at the Third Annual Trilateral
Conference on Electoral Systems, IFES, May 8–10, 1996
Elklit, Jorgen, and Andrew Reynolds. “The Impact of Election Administration
on the Legitimacy of Emerging Democracies.” Commonwealth and Comparative
Politics 40 (2), 2002, pp. 86–119
Elklit, Jorgen, and Palle
Svensson. “What Makes Elections Free and Fair?” Journal of Democracy 8
(3), 1997
Finn, Daniel,
“Civil and Voter Registration in Romania”, Elections Today (quarterly
publication of the International Foundation for Election Systems, IFES), Vol.
9, No. 2 (Winter 2000), pp. 11-12
Goodwin-Gill, Guy S. Élections
libres et régulières. Droit international et pratique. Geneva:
Inter-Parliamentary Union, 1994
Hughes, Colin.
“Institutionalising Electoral Integrity.” Elections Full, Free and Fair,
ed. Marian Sawer. Sydney: The
Federation Press, 2001, pp. 142–157
International Institute for
Democracy and Electoral Assistance (IDEA). Funding of Political Parties and
Election Campaigns: Handbook Series. 2003
Krishna, Kumar, ed. Postconflict Elections,
Democratization and International Assistance. Boulder:
Lynne Rienner Publishers, 1998
López-Pintor, Rafael. Electoral
Management Bodies as Institutions of Governance. New
York: United Nations Development Programme, 2000
Mozaffar, Shaheen, and Andreas
Schedler. “The Comparative Study of Electoral Governance – Introduction.” International
Political Science Review 23 (1), 2002, pp. 5–27
Neou, Kassie, and Jeffrey C. Gallup. “Conducting
Cambodia’s Elections.” Journal of
Democracy 10 (2), 1999
Pastor, Robert A. “Mediating
Elections.” Journal of Democracy 9 (1), 1998
———. “The Role of Electoral
Administration in Democratic Transitions: Implications for Policy and
Research.” Democratization 6 (4), 1999, pp. 1–27
Pinto-Duschinsky, Michael. “Financing Politics: A Global View.” Journal
of Democracy 13 (4), 2002
Plano, Jack, and Milton Greenburg. The American
Political Dictionary, 8th ed. Holt, Reinhart and Winston Inc., 1989
Saldana, Augustin Ricoy.
“Electoral Offenses.” Paper presented at the Third Annual Conference on
Electoral Systems, IFES, May 8–10, 1996
Schedler, Andreas. “Democracy
by Delegation: The Path-Dependent Logic of Electoral Reform in Mexico.” Paper presented at the annual meeting of the
American Political Science Association (APSA), Atlanta,
September 2–5, 1999
———. Distrust Breeds
Bureaucracy: The Formal Regulation of Electoral Governance in Mexico. Mexico City:
FLACSO, 1999
Throup, David. “Elections and
Political Legitimacy in Kenya.” Africa 63 (3), 1993
2.
Government Documents
New Zealand. Electoral Commission. Broadcasting at Parliamentary Elections. A Guide
of Political Parties, Candidates and Broadcasters. Wellington,
1999
______. Elections New Zealand, Guide to the Registration of Political
Parties and Party Logos, Wellington, 1997, p 7
———. Everything You Need to
Know About Voting Under MMP, New Zealand’s
Electoral System. Wellington, 1996
South Africa. Independent Electoral Commission. “Code of
Conduct for Political Parties.” Election Administration Manual of South Africa, Chapter 5. 1997
United States, Comptroller General of the
United States, Government Auditing Standards, 2003 Revision
United States, Federal Elections Commission, Filing a Complaint,
1998
United States Agency for
International Development (USAID). Money in Politics Handbook: A Guide to
Increasing Transparency in Emerging Democracies. Washington, D.C.,
2003
3.
Judicial Decisions
Citizens United v. Federal Election Commission, US Supreme Court,
558 U.S. 310 (2010) (Private associations,
including with participation of commercial entities, protected by
constitutional freedom of expression when providing financial assistance to
parties and candidates, although disclosure may be required.)
Hirst
v the United Kingdom (No 2) [2005] ECHR 681, [2006] 42 EHHR 41
(Disenfranchisement of persons subject to the criminal or correctional systems
requires specific judicial determination, which must terminate
automatically. Mere imprisonment not
sufficient to result in exclusion from voting.)
Incal v. Turkey, ECHR Reports
1998-IV (limits to exclusion from political system based on threat to
constitutional or social order)
Buckley
v. Valeo, US Supreme Court, 424 US 1 (1976) (Financial contributions to political
parties and candidates constitutionally-protected expression)
4.
Other Materials
Global
Network of Domestic Election Monitors (GNDEM), initiators, Declaration of Global Principles for Non-Partisan
Election Observation And Monitoring by Citizen Organizations and Code of
Conduct for Non-Partisan Citizen Election Observers and Monitors, 21 pp.,
commemorated at the UN, 3 April 2012
UN Focal Point for Electoral
Assistance, Electoral Assistance Division, Department of Political and Security
Council Affairs, Policy Directive: UN
Support to International Election Observers, Ref. FP/03/2012 (29 June 2012)
UN Focal Point for Electoral
Assistance, Electoral Assistance Division, Department of Political and Security
Council Affairs, Policy Directive:
Principles and Types of Electoral Assistance, Ref. FP/01/2012 (11 May 2012)
IFES. Enforcing Political
Finance Laws: Training Handbook. 2005
Transparency International. Global
Corruption Report 2004. Pluto Press, 2004
International Institute for Democracy and Electoral Assistance, Funding
of Political Parties and Election Campaigns, 2003
International IDEA, The Future of International Electoral Observation:
Lessons Learned and Recommendations, 1999
International IDEA, Code of Conduct for the Ethical and Professional
Administration of Elections, 1997
5.
On-line Resources
The Carter
Center, Database of Obligations for Democratic
Elections: www. cartercenter.org/des-search/des/Default.aspx
Elections Canada, Commissioner of Canada
Elections. Investigators’ Manual. 2004: www.elections.ca/loi/inv_e.pdf
Denmark. Folketinget. Parliamentary Elections and Election Administration
in Denmark: www.ft.dk
Elections Canada. www.elections.ca
Elections New Zealand. www.elections.org.nz
———. Everything You Need to
Know About Enrolling to Vote. www.elections.org.nz
Electoral Institute of Southern Africa (EISA). Interim Statement by the
EISA Election Observation Mission:
South African National and Provincial Elections 12–14 April 2004. April
2004. www.eisa.org.za/PDF/pr20040416.pdf
Guérin, Daniel, and Asifa Akbar. “Electronic Voting Methods: Experiments
and Lessons.” Electoral Insight, March 2003. www.elections.ca
India. Election Commission. www.eci.gov.in
International Institute for
Democracy and Electoral Assistance (IDEA). Code of Conduct for the Ethical
and Professional Observation of Elections, 1997. www.idea.int/publications/conduct_obs
———. The Future of
International Electoral Observation: Lessons Learned and Recommendations.
2005. www.idea.int
International Mission for Iraqi Elections (IMIE). Final Report:
Assessment of the January 30, 2005, Election Process.www.imie.ca/rep_Jan30.html
Ireland. Department of the Environment. Heritage and
Local Government. www.environ.ie
Landry, Raymond. “Enforcement
of the Canada Elections Act.”
Electoral Insight, March 2003. www.elections.ca.
National Democratic Institute for International Affairs (NDI). www.ndi.org
———. Cambodian Elections: Lessons Learned and
Future Directions. A Post-Election Conference Report. February 2004: www.accessdemocracy.org/library/1782_kh_report_021204.pdf.
Organization for Security and
Co-operation in Europe (OSCE). Representative
on Freedom of the Media. www.osce.org/fom
OSCE/ODIHR. Ukraine, Presidential Election: 31 October,
21 November and 26 December 2004. OSCE/ODIHR Election Observation Mission Final Report. Warsaw,
May 2005. www.osce.org/documents/odihr/2005/05/14224_en.pdf.
Sax, Herschell. “Readjustment of Federal Electoral Boundaries.” Electoral
Insight, May 2002. www.elections.ca
Seattle Ethics and Elections Commission. www.ci.seattle.wa.us/ethics/ethics.htm
Society of Professional
Journalists. Code of Ethics. 1996. www.spj.org/ethics.asp
South Africa. Independent Electoral Commission. www.elections.org.za
United States. Comptroller General. Government Auditing
Standards (2003 Revision).www.gao.gov/govaud/yb2003.pdf
———. Federal Election
Commission. Filing a Complaint. www.fec.gov/pages/brochures/complain.shtml
Wyoming State Legislature (US). Ethics
and Disclosure Act. legisweb.state.wy.us
