Laws are enacted by the Legislative branch of government, implemented by the Executive branch and enforced by Executive branch agencies and the Judicial branch. Electoral integrity may be supported through a web of inter-related laws.  These can include a specific election statute defining and containing provisions for enforcement specific electoral violations as well as other legislation to enforce electoral laws and regulations. There may also be applicable provisions in criminal codes and civil laws concerning personal injury and violation of rights.

The right to an effective remedy for persons whose civil and political rights are infringed is well-established in international law.[1]  As noted previously, those injured by electoral abuses are within the scope of this protection, since the right to electoral participation is enshrined in ICCPR Article 25.  In addition, an authoritative interpretation of the rights of persons whose civil and political rights are violated indicates that the State has an affirmative obligation to prevent violations, has responsibility for violations not only by its own officials but also by third parties if proper preventive measures are not taken, and that failure to undertake corrective action to restore a right once violated may constitute a second violation of that right.  In addition, States are expected to take all sorts of institutional measures to prevent and defend against rights violations, by officials or others; and claimants may seek reparations from the State in addition to other remedies (such as declarative and restorative relief).[2]

The Legislative branch of government is usually responsible for legally establishing all official institutions and enacting the laws required to implement the country’s constitution.   For electoral integrity, laws implement the principles of free, fair and competitive elections and providing the basis for upholding these principles and ensuring compliance with them. Such laws should be updated regularly to keep pace with political and technological changes.

In New Zealand, Parliament’s Electoral Law Committee provides legislative responsiveness on electoral issues. The committee is appointed by each new Parliament. After each general election, the committee examines administrative and legal aspects of the election. It reviews reports from the Chief Electoral Officer, the Ministry of Justice and the Electoral Enrolment Centre, as well as public comments. It then makes recommendations to Parliament, including proposing revisions to standing electoral law.[3]

Electoral Law

In place of a set of statutes, many countries have enacted a comprehensive national election code, which covers most aspects of the electoral process. Adoption of a single, comprehensive election code helps minimize the risk of conflicts arising among different pieces of legislation, especially as the various laws are amended over time.

Among the major elements generally addressed through a comprehensive electoral code are: Appointment, composition and mandates of the electoral management bodies; the calendar for elections; voter eligibility and registration; candidate and political party registration; procedures for voting and vote counting; oversight and enforcement mechanisms; and penalties for violations of the law. The main legislation also generally sets forth procedures and mechanisms for dealing with complaints and disputes regarding the electoral process, except that aspects of the complaint and appeals process may also be regulated through administrative, civil, judicial and criminal legislation.

Applicable Penal Laws

Election integrity issues that involve fraud, corruption, intimidation or violence usually also fall under the criminal laws (or codes) of a country. The criminal code generally applies to actions that go beyond election-specific problems and go to issues of law and order, or fraud and corruption in general. Some criminal codes also contain laws that deal directly with electoral fraud and corruption; examples are provisions regulating campaign financing, barring efforts to bribe voters, or interfering with individuals’ human and civil rights (including the right to vote).

It is important to ensure that different codes (or laws) have compatible provisions dealing with electoral law violations and that criminal offences do not go unpunished because of conflicts or omissions. This need was recognized in the recent electoral reforms in Mexico: A special prosecutor’s office was created with responsibility to apply the country’s penal codes to criminal acts related to elections.[4]

Civil Rights Laws

Some countries have adopted civil rights laws to prevent discrimination among persons in the exercise of their civil and political rights, and protect voter rights in particular. Supplementing other provisions that safeguard human rights, these laws target specific areas of discrimination, or arbitrary or unequal treatment of minorities or other groups by government or private individuals.

In the United States, for example, Congress has passed a series of civil rights acts in the 1960s to eliminate racial discrimination. The legislation outlawed arbitrary discrimination in voter registration and created a commission to investigate civil rights issues. In addition, Congress passed the Voting Rights Act, which banned various procedures that had been used to prevent electors belonging to minority groups from exercising their right to vote, or otherwise infringed on their equality of voting.[5] Even today, the US Department of Justice retains jurisdiction to review changes in electoral systems enacted by states which had a history of discrimination in voting, although several of the states still subject to this provision are seeking to overturn it.