EMBs make decisions involving the fast and effective spending of large budgets. High-value individual supply agreements—for items such as ballot boxes, ballot papers and computer equipment—can be of huge benefit to the winning supplier. Connections between EMB members or staff and suppliers, other election participants or stakeholders who can benefit from EMB decisions can lead to perceived conflicts of interest which jeopardize an EMB’s public credibility, or real conflicts of interest which damage its integrity. General public service legislation may cover these issues in relation to public servants serving in EMBs.
Conflict of interest provisions could be included in legislation or EMB regulations, and can be part of an enforceable code of conduct for EMB members and staff. They usually specify that EMB members and staff who have an interest or potential interest in a matter that comes before the EMB for consideration and decision should notify the EMB in a timely manner and refrain from participating in the consideration of that matter. To be effective, realistic enforceable sanctions for breaches of conflict of interest provisions are necessary, such as dismissal from the EMB or other disciplinary action. Examples of such provisions (in relation to an EMB member) are contained in the Australian electoral legal framework.
The same is true of EMB staff and members’ contacts with or links to political parties and candidates. Such contacts or links should be disclosed in a timely manner, and affected EMB members and staff should refrain from participating in any decision that might benefit the relevant parties or candidates.
