In countries with full-time EMB members, their conditions of service, especially salaries and benefits, are generally publically known. As constitutional public bodies, the conditions of service for many EMBs are determined by the independent body that sets terms for parliamentarians, judges and other public bodies—such as the Commission on Remuneration of Representatives (South Africa) or the Law on Remuneration of Public Officials (Latvia). EMB members may be appointed under the same conditions of service, including pay levels, as senior judicial officers or other senior public officials. For instance in Ghana, the chair has the same terms as a justice of the Court of Appeal, and the other commissioners are equivalent to a justice of the High Court. In some places such as Bangladesh and Liberia, EMB members receive police protection in recognition of their senior public position.
Part-time EMB members usually receive a sitting allowance when they attend EMB meetings. Some countries augment this with a monthly retainer allowance. Such allowances are determined by the government in line with its own policies and regulations.
EMB members’ remuneration is often charged directly to the consolidated fund. This arrangement assures members’ benefits and salaries during their term of office, and helps them maintain full independence in their work.
EMB members’ security of tenure and immunity from unwarranted harassment — such as salary cuts, reductions in conditions of service or malicious prosecution — and from the danger of removal from office by either the executive or any other authority, provides a framework within which members of the EMB can carry out their work impartially, professionally, without fear and favour, and resisting political pressures. EMB members may be less confident about taking decisions that are unpopular with the executive or legislature if they know that they may be removed from office, or their salaries and conditions may be reduced, without due process of law.
In many countries, the tenure protection for EMB members in the electoral law is the same as that for senior judicial officers: they can only be removed from office for a cause, such as misconduct or mental and physical incapacity. This is the case in Malaysia, Pakistan and Zambia. In India, a two-thirds majority of the legislature is required to remove an EMB member, even when misconduct is proven. In other places, EMB members are less secure in their positions and can be recalled by parliament (Latvia) or on proof of misconduct (Liberia). In South Sudan, a commissioner can be removed by the president for repeated absence from EMB work; if convicted of a crime involving fraud, dishonesty or moral turpitude; or if two-thirds of commissioners recommend removal on the grounds of partiality, incapacity or gross misconduct in the work of the EMB. Protection from arbitrary reductions in salary and conditions of service may also be guaranteed by law.
Another safeguard for commissioners who may be taking decisions that are unpopular with some political groups is immunity from prosecution for activities undertaken while serving on the EMB. In Senegal EMB members cannot be investigated, arrested or prosecuted for their work on the EMB, and in Mozambique they have legal immunity except for actions that would have an improper effect on the election result. In Guinea and South Sudan, commissioners can only be prosecuted if they are caught in the process of committing a crime.
Protecting the tenure of party representatives on multiparty-based EMBs can be a complex issue. If parties are responsible for appointing and removing their EMB representatives, they may also be free to replace them when they wish, as they are in Mexico.
