Where EMB members are appointed unilaterally, for example by the head of state, no other consent is required, and there may be no consultation with or advice received from any other institutions, such as the legislature, political parties, or civil society, before making EMB appointments. If the head of state does have such consultations or take advice – and in many occasions this does take place – it is informal and not binding. In countries such as India, Malaysia, Senegal, and Zambia, the head of state unilaterally appoints members of the EMB. The unilateral appointment of EMB members, especially by the executive, has been criticized by many analysts, who argue that it could encourage the head of state to appoint EMB members who are government and ruling party sympathizers rather than impartial arbiters in the electoral process.
In other countries, such as Costa Rica, the Supreme Court of Justice unilaterally appoints members of the EMB. Their appointment is made by two-thirds of the members of the court.
