This question is posted by ACE on behalf of PN member Aysha Shujaat

Question

A think tank is putting together a paper on EMBs to present 2 - 3 different examples of EMB models and practices. Can experts please share or suggest any available assessments of the powers, functions, structure and recruitment process of EMBs from developed democracies ?

For more context, the paper focuses on:

-Composition, structure (national and sub-national), powers and functions of EMBs. 

-Qualification, powers and procedures in place for appointing Returning Officers and Polling Staff. The power of EMBs over the polling staff - mechanisms in place for monitoring polling staff and ensuring accountability.  

-Role of the courts during the election - how far are they restrained from taking up cases relating to electoral process or against EMBs during the election cycle. 

- Unique experiences and best practices. 

Summary of Responses

Several additional sources are provided, particularly OSCE/ODHIR, International IDEA, IFES or ACE.

There is a brief overview of the German system:

The national election commission is headed by the Federal Returning Officer, who is at the same time the president of the Federal Statistical Office. The competences and responsibilities of this organization are limited to federal and European parliament elections. State elections are the responsibility of the state returning officer. This person is not automatically or in analogy the head of the state statistics office. This person can be a member of a ministry, a state minister, a former police president etc. This person is in most cases nominated by the state ministry of interior and confirmed by the state parliament. On the municipal level each municipality has its own independent election commission with its own head.

Due to the federal structure the powers and responsibilities of the higher administrative levels are limited to what is necessary and obligatory in light of the state and federal electoral regulations as well as constitutional and legislative principals.

Additional References

• http://aceproject.org/electoral-advice/ace-workspace/questions/open-questions/882224572/309260126/Thomas-Gibson-Final-Report-v5.docx
• http://www.idea.int/publications/emd/
• http://aceproject.org/electoral-advice/ace-workspace/questions/open-questions/882224572/664011832/inlay_tratado.pdf
• http://www.osce.org/press-releases?activities=120

Contributing Members

• Lorne Gibson.
• Tova Wang.
• Víctor Hugo Ajila
• Steven Gray
• Manuel J. Kripp

Attached is a report I co-authored that may be helpful.

The best source I've found on this is IDEA's:http://www.idea.int/publications/emd/.  I've also given some talks on this subject and if you can get me your email I'm happy to send you some more information.

Adjunto un documento muy importante titulado Tratado de Derecho Electoral Comparado de América Latina, en el cual existen varios capítulos dedicados a los organismos electorales de nuestros países. Espero que esto les sea de ayuda.

Saludos

Often you can find very good summaries of these exact dimensions in the reports issued by the OSCE/ODIHR from their election observation missions. Check out: http://www.osce.org/press-releases?activities=120

Folllowing two remarks for good soruces, OSCE/ODIHR as well as International IDEA are good sources to start with. Another one is IFES. Regarding the OSCE/ODIHR, I highly recommend to take a look at the mission reports, if there has been an election observation mission or a needs assessment mission as well.

Additionally I would like to give a short overview of the German system.

The national election commission is headed by the Federal Returning Officer, who is at the same time the president of the Federal Statistical Office. The competences and responsibilities of this organization are limited to federal and European parliament elections. State elections are the responsibility of the state returning officer. This person is not automatically or in analogy the head of the state statistics office. This person can be a member of a ministry, a state minister, a former police president etc. This person is in most cases nominated by the state ministry of interior and confirmed by the state parliament. On the municipal level each municipality has its own independent election commission with its own head.

Due to the federal structure the powers and responsibilities of the higher administrative levels are limited to what is necessary and obligatory in light of the state and federal electoral regulations as well as constitutional and legislative principals.