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Essential Elements

The study of electoral processes can be divided into fifteen similar groups from a legal point of view.  These topics cover a broad range including:

  • General topics related to the design of electoral systems, to the design of electoral authorities, and to the management of electoral processes;
  • Material activities related to the electoral process’ development including boundary delimitation, voter registration, voting operations and vote counting;
  • The entities and individuals that contest elections as candidates and political parties; 
  • Related topics which are not essential to develop an electoral legal framework, but are closely related to electoral processes including voter and civic education, the role of observers and the media and elections;
  • Political financing topics including the funding of political parties and candidates, restrictions on contributions and expenditures and disclosure;
  • A fundamental topic related to electoral litigation and the resolution of electoral disputes. Such a system is fundamental because it provides the election’s results with legitimacy in a definitive way. 

Any legal framework design or reform of an existing legal framework for elections should take into consideration the topics listed above.  The general design, material activities, contesting groups and individuals, related topics supportive of the electoral process, political finance and dispute resolution are all of critical relevance to the democratic quality of elections.

Sub-sections of this chapter: