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
