Original Question:

This question was posted by ACE on behalf of Erik Asplund. 

I am looking for examples of electoral management bodies (EMBs) that help administer political party primary elections. Your expertise is appreciated! 

Summary of Responses: 

Practitioners gave examples both of EMBs involved in political party primary elections and of EMBs having minimal or no role in primary elections. Most respondents referenced countries in which EMBs do not play a role in primary elections other than monitoring and observing. 

Two practitioners noted that multiple countries in Central and South America have EMBs that play more active roles in primary elections. In Honduras, the national EMB (Tribuno Supremo Electoral) oversees and controls all primary elections with the support of the National Electoral Commission of each political party. In Argentina, parties must follow regulations in holding primaries and must provide full transparency to the national EMB. In Venezuela, political parties hold internal elections, and the National Electoral Council (Consejo Nacional Electoral) ensures that these elections comply with the law. The Council may organize primary elections with technical support, as long as they respect the party’s autonomy.

In Malawi, Kenya, Colombia, the Dominican Republic, and Ghana, parties can ask for assistance from EMBs in the party primary process – the Malawi Electoral Commission can assist with primary conventions in Malawi, and the Election Commission can help organize primary elections in Ghana. One practitioner observed this assistance in Ghana, and noted that it included helping to organize the vote and count ballots. In Kenya, a practitioner who observed the 2017 general elections said that only one party requested assistance during the primary process, but it ultimately did not use this assistance. The practitioner further noted that political parties in Kenya lack the capacity to oversee and administer their primaries, and that the Independent Electoral and Boundaries Commission could be a useful resource for that purpose. In the Dominican Republic, the national EMB (la Junta Central Electoral, or JCE) can review or inspect any primary if they choose. Recent legislation would make the JCE’s role more supervisory.

In Cameroon, Ecuador, the Democratic Republic of the Congo, Canada, Iraq, India, Liberia, Malawi, Ghana, Kenya, and Nigeria, EMBs have no direct role in administering primaries and only observe them. In Canada, EMBs make sure that candidates have the official backing of their parties. In Iraq, EMBs offer logistical support to any parties that need it. In Nigeria, the Independent National Electoral Commission monitors but does not conduct political party primaries. If they declare a primary not to be “free and fair,” the election can be ruled null in court.

Contributing Members: 

In Nigeria, the Independent National Electoral Commission (INEC) only monitors political party primary elections. It does not conduct such elections. Primary elections are considered a 'family affair' of political parties.

En Colombia se realizan las elecciones primarias, segun Ley de los partidos adjunto Link, se colabora en organizacion y escrutinios que son los oficiales, los partidos aceptan los resultados.

En varios paises de centro america realizan muy parecido el proceso de elecciones primarias con organizacion del gobierno y con la contabilizacion de resultados por parte de la organizacion electoral

Exitos en la investigacion

http://pdba.georgetown.edu/Parties/Colombia/Leyes/Ley130.pdf

En Ecuador existe un requisito legal, que los candidatos de las organizaciones políticas a toda dignidad de elecciòn popular, sea fruto de elecciones primarias internas: que pueden ser abiertas, esto es que cualquioer ciudadano sin ser afiliado o adherente de la organizaciòn pueda votar y escoger su candidato; tambièn son cerradas solo para los miembros afiliados de la organizaciòn polìtica y la tercera que corresponde a los organismo ejecutivos de la organizaciòn, esto es que, unicamente los dirigentes organizados en diferentes estamentos internos seleccionan a su candidatos.

En este proceso, el organismo rector electoral Consejo Nacional Electoral, no intervien en forma directa en su organizacion y desarrollo; ya que solamente tiene la obligaciòn legal de acompañar en el proceso en calidad de veedor y que esta obligado a informar sobre su desarrollo y legitimidad de los candidatos. No existe intervenciòn directa o ejecuciòn de procesos electorales internos.

Favor ingresar a paginas www. tce.gob. ec   o  a lapàgina www.cne.gob.ec.  Tambien pueden encontrar mayor informaciòn en el Còdigo de la Democracia- Ecuador.

En Honduras, según la legislación electoral "Las elecciones primarias se realizarán bajo la dirección, control y supervisión del Tribunal Supremo Electoral con el apoyo de la Comisión Nacional Electoral del Partido Político respectivo" (Ley Electoral y De la Organizaciones Políticas, Decreto 44-2004).

At least before, the Election Commission in Ghana would organise primary elections for political parties, if so requested, in line with legislation. I observed such a primary, and the EC involvement included them bringing ballot boxes and ballot papers, organising the vote, counting the cast ballots and announcing the results. Of course, the EC had no involvement in earlier steps such as the naming of aspirants for the primary or internal party campaigning, or in later steps such as the confirmation process by the political party leadership.

In Malawi, since 2013, political parties have invited the Malawi Electoral Commission (MEC) to assist them during party conventions, which serve as primaries for electing presidential candidates. However, there are instances when some political leaders would want to persuade MEC officials to toe their line by so that they pay a blind eye to certain irregularities or issues in order to be elected. In such instances, the Malawi Electoral Commission would withdraw its participation.

In we now have RIGHT ELECTIONS® an independent premium Elections Management Body (EMB) that provides a comprehensive set of election resources to assist local and international organizations in effectively managing and administering elections. It aims to strengthen electoral practices within and outside Kenya based on practices borrowed from internationally accepted standards.

We provide an all inclusive consultative elections administration and management from pre-election, election and post election to all private and public entities. We also undertake a comprehensive set of other election and democracy related professional services.

We conduct party primaries.

www.rightelections.org

Thank you Mr Heather Szilagyi for your pertinent question and thanks to all electoral practitioners for your responses that help a lot for sharing experiences.

In the Democratic Republic of Congo, the Electoral Commission is not involved in the primaries of political parties (PP). The primary is considered as an internal affair of PP.

 However, in general the EMB is not involved directly in the organisation of the primaries and they can assist logistically (providing ballot boxes or trainings) if requested and if the law allows. This must be done according to the law and the Code of Conduct of PP. It will depend of the type of EMB (independent, governmental or Mixt) but also the principles of impartiality and neutrality of the EMB must be guaranteed.

En el caso de la República Dominicana la ley 275-97 pone bajo la responsabilidad de los partidos políticos la realización de sus primarias o convenciones, la Junta Central Electoral (JCE) puede si lo decide, fiscalizar estos eventos 

In Kenya the EMB is expected to regulate the political party primaries by law. However this is a contested position with many arguing that by so doing and especially because the same set of laws allow the EMB to arbitrate over disputes emanating from the primaries, compromises its authority of adjudicating the general elections thereafter. This is mainly through negative perceptions which may be brought out by a poor arbitration process during the primaries. The other major reason is that in burdens the EMB further.

It is a legal requirement in the Elections Act in Kenya that upon request by any political party, the Independent Elections and Boundaries Commission (IEBC) shall conduct the nomination process for that party's presidential, parliamentary and county representatives to contest in the main elections. This provision was probably in the thought of bringing on board a neutral referee outside the party circles. In the run up to 2017 general elections only one party expressed that interest but did not implement it owing to the tight time lines within which IEBC was operating then as well as suspicion coming from within the party ranks of having non party operatives conducting party affairs. During our observation of the party primaries across the country it was overwhelmingly evident that political parties seriously lack the expertise, resources and logistical capability to conduct free, fair and credible party primaries hence the thought of EMB as a recourse.  

In Nigeria, EMBs/INEC doesn't administer the political parties election primaries, INEC only observe the political parties election primaries if the process is in compliance with their party election guide submitted to INEC.

I did not know of any examples of EMBs administering or assisting political parties in their candidates' internal elections, but I found it very interesting that such practices do exist. Thank you for expanding my knowledge!

In Canada, EMB's at all levels of government, federal, provincial and municipal, take no part in political parties' elections for candidates. The only role EMB's play is ensuring that a candidate who wants to register to run in a federal, provincial or municipal election has the official endorsement of the party they claim to represent, unless they are an independent candidate.

In Iraq the EMB doesn't control any primary election for any party, but always encouraging them to do so, to learn democracy. In addition to that they support them by some logistic thing like ballot boxes and seals if they need.

In Iraq the EMB doesn't control any primary election for any party, but always encouraging them to do so, to learn democracy. In addition to that they support them by some logistic thing like ballot boxes and seals if they need.

In Iraq the EMB doesn't control any primary election for any party, but always encouraging them to do so, to learn democracy. In addition to that they support them by some logistic thing like ballot boxes and seals if they need.

In India too, the EMB doesn't control any primary election for any party, as its treated as private internal affair of the parties, which is actually wrong as this forms the basis of real democracy, that demands practice & not just preaching. But, it is one of the recommendations in pipeline, that we have given to the State Election Commission of Maharashtra, to make it a rule in the election law.

In Cameroon the EMB doesn't mingle or conduct elections for party primaries. And for my own opinion i think its the best for any EMB not to get involve in party primaries as it might be misinterpreted by other political parties. And the credibility of the body is now put in jeopardy. 

Liberian electoral laws do not allow the electoral commission to interfere with primaries of political parties. One of the reasons for this non interference is that in the event of disputes emanating from such primaries, it is the commission that adjudicates such matter.  The commission can only observe political parties' primaries.