Elections normally take place within an existing legislative framework. In transitional societies, this framework may be very complex, with a variety of temporary arrangements and laws from a previous dispensation, or even with transitional provisions or enabling legislation, as can be found in countries formerly comprising the Soviet Union and Yugoslavia, that temporarily amend or place a moratorium on previous laws (or provisions of those laws). In such circumstances, presidential decrees affecting the electoral process also are not unheard of.
Within the legislative framework, there may be particular laws or provisions that will impact voter education initiatives. These should be identified and their implications for programme implementation assessed.
Constitutional Imperatives
A constitution determines the following aspects of a state:
- form of government
- qualifications and rights of citizenship
- eligibility to vote and stand for election
- the manner in which the public will be represented
- general security measures
- questions of equality and equity
Furthermore, the constitution also the service responsibilities of different state agencies and offices toward one another and toward the public.
Because elections are so fundamentally linked with democratic succession and governance, much of the business of elections is likely to be constitutionally protected. Educators must familiarise themselves with the constitution, the relevant constitutional provisions of their country or state, and the manner in which they govern the content and conduct of their voter education programme.
Where a constitution is in place, there may be a variety of established laws relating to the conduct of the electoral management authority, its jurisdiction and powers, and its fiscal reach and responsibilities (see Election legislation).
Other Legislation at the National Level
Beyond election specific legislation, different laws at the national level within a country may affect voter education programmes. These may range from the mundane to the convoluted, and can lead to frustration. An example of the mundane may be ensuring that publications are registered, identified, and are available to copyright libraries or public archives.
More convoluted legislation may govern whether educators need the permission of the occupant or the owner of a privately owned property, such as a farm, to conduct voter education activities. And frustration may occur if educators are required to have a security clearance in order to conduct education at a military base.
This section merely sensitises educators to the need to monitor legislation which will have an impact on their voter education programme. In situations where there is the likelihood of conflict, judgments will have to be made about how precisely the programme meets all legal requirements, even if these have been established to frustrate the free flow of information or the education of citizens. In situations where this type of conflict is less likely, judgments will have to be made about the costs of compliance with specific legislation and therefore the ability to take on a particular type of programme.
There are some obvious areas of legislation that educators will have to consider, including:
- media and publishing
- security
- fundraising and charities
- freedom of information
- education and training and
- location access
Legislation may impact on the manner in which material is published, for example, the coverage given by the media to the electoral process, the content and size of advertisements, and the ability to obtain free air time. Legislation may have encouraged or discouraged media diversity. Consequently this may affect the number of media outlets available, their relative market-share, their target audience, and the extent to which they are a trusted source of information.
Electoral Management Body and parties have to consider provisions regulating access to free air time. The may be regulations requiring disclosure of sources relating to all, the election-related messages or products, including voter education materials, be identified. It is recommended that there should be a review of the material contents by authorities prior to their publication.
For more information on these types of issues, see the Media and Elections Topic Area, in particular Legal Principles, Legal Framework for Media, Law or Regulations on Media during Elections, and Voter Information
In some countries, security legislation may have an impact on public gatherings, their organisation, timing, and promotion. Outdoor activities may be restricted by curfews. Security legislation could range from the most restrictive (in either a part or all of a country) to that which provides constructive support for the elections. In such cases, education planners will have to understand the roles that police and army units could play in such areas as crowd control, logistical support, and access to their own staff for voter education.
Funding educational programmes requires support from the state, foundations, or other philanthropic, solidarity, or individual sources. Many countries have legislation regarding fund-raising, financial reporting, registration of financial officers or fundraising staff, and the manner in which these funds either are taxed or become exempt from taxation.
Education programmers operating in countries with freedom of information legislation will themselves have to comply with the provisions of that legislation. Where freedom of information legislation does exist, it will also enable them to promote the transparency of government, normally a fundamental component of effective public information and education programmes. Where no legislation regarding freedom of information exists, or where it is restricted, such activities are likely to become more difficult but not necessarily impossible.
Because voter and civic education are primarily informal educational activities - unless a curriculum has been applied in the formal schooling system - educators may not have to contend with general educational legislation. But they may have to comply with legislation regarding recruitment and employment of educators and with any national training standards. In addition they may want to make use of any national training qualification guidelines.
Local Laws and Ordinances
Within a country, there are also likely to be a set of local laws and/or ordinances that will affect voter education activities whether conducted by indigenous groups or international organisations. Very often, local officials will adopt ordinances governing such activities as public rallies (special permission, in the form of a permit, for example, may be required) and regulating where campaign and election materials, such as posters, may be hung and who is responsible for their removal. Ordinances addressing noise levels and public disturbances may also come into play. Failure by those conducting voter education to familiarise themselves and comply with such local ordinances may lead to fines and other penalties at the local level.
This review of legislation is by no means comprehensive and does not take into account the basic common law of countries and their standard labour, commercial, and civil rights legislation. Neither voter nor civic education programmes fall outside of national legislation merely because they are concerned with elections or broader political, social, or economic issues. Educators will have to understand and be able to comply with the country's legislation where it applies. This can make the roles of international organisations assisting in the provision of voter education quite difficult. For this reason, the development of partnerships with indigenous organisations or under the aegis of the election management authority itself is often essential.
