This question was posted by ACE on behalf of Jeff Fischer.

Question:

I am doing research into examples of domestically-initiated electoral reforms aimed at enhancing electoral integrity. The focus is on state stakeholders as the reform sponsors rather than civil society. Can cases be sited where an EMB, legislative body, or judiciary initiated reforms to address factors which were diminishing electoral integrity? These factors could involve voter identification and registration, political campaign practices and financing, voting problems, tabulation, or the adjudication of electoral disputes.

Summary of Replies: 

Mette Bakken noted that International IDEA published a 2014 policy paper on the role of EMBs in electoral law reform in Africa that aims to provide guidelines for EMB engagement in the process. Case studies of several African countries, all of which have been shared with ACE, are used as a basis for the report.

Practitioners shared a number of successful cases of electoral reforms initiated by state stakeholders. In 2007, the Election Commission of Bangladesh, along with the military-backed “caretaker” government, initiated successful reforms of the electoral process, including a new voter register, mandatory registration of political parties with the EMB, and the mandatory involvement of grass-roots party committees with candidate nomination. The parliamentary elections held in late 2008 that took place after these reforms are considered the most free and fair elections since the reintroduction of parliamentary democracy in 1991.

Another practitioner noted that in 2010, EMBs in Rwanda proposed consolidating all electoral laws into one electoral code. While there is still work to be done increasing confidence in the electoral process, a Commonwealth report stated that the legislative elections in 2013 were peaceful and “provided for the key democratic electoral benchmarks such as freedom of association, expression, and universal suffrage.” The legislature is now considering further amendments to the electoral code.

In Pakistan, the General Elections held in 2013 triggered a call for wholesale changes in the election process by political parties and other stakeholders. The government established the Parliamentary Committee on Electoral Reforms and entrusted it with the task of examining the election laws and formulating recommendations for reform. The Committee issued a public notice to invite proposals for electoral reforms from different organizations, institutions, and individuals. 

In 2015, the Norwegian government moved the responsibility for electoral management from the Ministry of Local Government and Modernization to a separate directorate for elections. Minister Jan Tore Sanner said: “We want to safeguard transparency and independence in election work, so we are moving this responsibility out from a politically run ministry.”

One practitioner also provided an example of Massachusetts, a state on the east coast of the United States, whose state legislature enacted election reform legislation with a number of components, including early voting, online voter registration, early registration for 16 and 17-year-olds (who are eligible to vote when they are 18), and audits in a limited number of precincts during presidential election years to make sure voting machines are functioning.

Contributing Members:

• Khalid Waheed
• Gerald McDonough
• Paul Belande
• Abdul Alim
• Liberata Irambona
• Mette Bakken

 At present there are different laws governing the political and electoral process in Pakistan. Election Commission of Pakistan(ECP) had managed  to consolidate all laws in to one unified electoral law. The draft of this unified law was submitted to the Parliament for consideration and adopting it after modification if so required, by the Parliament, before General Elections 2013. but due to certain reasons this law could not be tabled in the Parliament at that time.

After General Elections, held in May 2013 in Pakistan, the political parties and other stakeholders raised a strong voice for electoral reforms. The Government had to form a Parliamentary committee for electoral reforms comprising members from both houses (The Senate, upper house and the National Assembly, lower house) to review all electoral laws including constitutional provisions relating to the ECP and elections and formulate to submit recommendations/proposals for reforms. After receiving many proposals from all stakeholders the Parliamentary Committee started working and a technical sub committee was formed to look in to proposals and work on the draft of Unified electoral laws prepared by ECP.  The  committee will finalize its recommendations and propose amendments after  the report of sub committee and will submit it to the Parliament in near future.

These proposed reforms include the some amendments in procedure of conducting elections, electoral disputes resolution, capacity building and campaign monitoring, etc.

In 2014, in my home state, Massachusetts, in the US, our state legislature enacted election reform legislation with a number of components, including early voting, early registration for 16-year-olds (who are not allowed to vote until they reach the age of 18), and post-election audits.  The legislation was Chapter 111 of the Acts of 2014 and this is a link to the law --https://malegislature.gov/Laws/SessionLaws/Acts/2014/Chapter111. - Gerry McDonough 

Selon l’article 17.1 de la constitution Haïtienne du 29 Mars 1987, amandée le 09 Mai  2011 qui stipule : « Le principe du quota d’au moins trente pour cent (30%) de femmes est reconnu à tous les niveaux de la vie nationale, notamment dans les services publics » ; d’où une reforme électorale a été effectuée dans les élections locales en Haïti où chaque cartel composé  de 3 membres   doit avoir  au moins une femme. C’est pour la première fois dans l’histoire des élections en Haïti  que le décret électoral publié dans le journal officiel du gouvernement  Le Lundi 2 Mars 2015 avait mentionné un tel article ;  qu’est l’article 58 de ce dit décret électoral.

Selon l’article 17.1 de la constitution Haïtienne du 29 Mars 1987, amandée le 09 Mai  2011 qui stipule : « Le principe du quota d’au moins trente pour cent (30%) de femmes est reconnu à tous les niveaux de la vie nationale, notamment dans les services publics » ; d’où une reforme électorale a été effectuée dans les élections locales en Haïti où chaque cartel composé  de 3 membres   doit avoir  au moins une femme. C’est pour la première fois dans l’histoire des élections en Haïti  que le décret électoral publié dans le journal officiel du gouvernement  Le Lundi 2 Mars 2015 avait mentionné un tel article ;  qu’est l’article 58 de ce dit décret électoral.

In 2007, in Bangladesh, both the EMB as well as the 'caretaker' government initiated huge reforms which includes preparation of electoral roll with photograph, mandatory registration of political parties with EMB, mandatory involvement of grass-roots party committees with candidate nomination, separate expenditure ceiling for parties and candidates, mandatory submission of election expenditure return by candidates and parties.

The campaign code of conduct was also revised by EMB which banned to use colour posters, use of bill boards, organise rally on the roads, establish arches, religious institutions as well as religions etc.

After such reforms the 9th parliamentary elections was held in late 2008 which is considered as the best election in the history of Bangladesh.

In my home Country, Rwanda, in 2010, EMBs, proposed to consolidate all electoral laws in one as Rwandan electoral Code in which users will find, Presidential, Legislative and Local Leaders elections. This year (2015), EMBs basing on our 2013 Legislative election evaluation we are revising our Electoral Code of course with collaboration with Ministry of Local Government, CSOs and Parliament.

International IDEA published a policy paper last year on the role of EMBs in electoral law reform processes - see http://www.idea.int/publications/electoral-law-reform-in-africa/index.cfm?css=new2013. In this context, case studies were developed documenting the role of EMBs and activities & stakeholder relations in Ghana, Kenya, Malawi, Namibia, Nigeria, Seychelles, Sierra Leone and South Africa. All case studies are provided for in full on the ACE website (see http://aceproject.org/ace-en/topics/lf/default).

In Norway, the Government decided this year to move the responsibility for electoral management from the Ministry of Local Government and Regional Development to a separate directorate for elections this year. According to the Government webiste, Minister Jan Tore Sanner stated that: “We want to safeguard transparency and independence in election work, so we are moving this responsibility out from a politically run ministry" (https://www.regjeringen.no/en/aktuelt/Moving-election-work-to-Tonsberg/id764298/)