There is often no clear distinction in electoral law or practice between the powers and functions of an EMB. In some electoral laws, all EMB activities sanctioned by law are referred to as powers. In many countries, powers and functions are listed in both the constitution and legislation so that EMBs have both constitutional and statutory powers and functions. In many electoral laws, such as those of Australia, Indonesia and South Africa, "powers and functions" are referred to jointly; in others, such as Bosnia and Herzegovina, the law merely lists activities that the EMB "shall" perform. It could be argued that a legally described power gives the EMB the authority to do something, and a legally described function is an activity that the EMB is expected to perform. Responsibilities, such as gender equity, often come from separate national and international laws that cover the work of all government-funded bodies, or are adopted as an extension of democratic principles.
Many factors influence EMBs’ powers and functions. The results of the negotiation processes among political forces, within the country or beyond, that paved the way for the EMB’s establishment are generally a strong influence, particularly in countries recently emerging into democracy. Other specific political, administrative and geographical influences can include the structure of the state (e.g. unitary or federal, presidential or parliamentary), demographics, the electoral system (e.g. single- or multi-member electoral districts) and the existence of other electoral service providers. The historical interaction of these factors within each country has created a wide variety of models for EMB powers, functions and responsibilities.
