Laws are usually enacted by the legislative branch of government and are enforced by the police and the courts. There are usually a number of interrelated and mutually reinforcing laws to support election integrity. There is an election specific law, as well as laws related to the enforcement of the laws. There are criminal codes that punish illegal activity and civil laws that pertain to such things as defamation of character and other personal harms.
In countries with a federalist system of government, this is further complicated by the existence of state or local laws in addition to the national laws. The end result can be a complicated maze of legislation with perhaps, conflicting provisions. Laws must also not be vague or too broad, leaving them open to different interpretations. In these cases, disputes arising out of conflicting laws are usually settled in court.
It is usually the responsibility of the legislative branch of government to ensure that all of the institutions and laws implied in the Constitution are created. For example, the Constitution may provide for a system of local government. The electoral administration may hold elections for these offices, but if the legislation governing these local bodies is not passed, there will be elected officials without authority or resources.
For election integrity, the laws adopted must protect the principles of a free, fair and competitive election (see Guiding Principles) and are updated regularly to keep pace with the political and technological evolution of the country. As explained by Agustin Ricoy, Secretary-General of the Mexican Federal Electoral Institute:
The law must evolve at the same rhythm of the reality it rules. This phenomenon of integration and perfecting of the law allows us to give an adequate dimension to the democratic development of peoples, and it allows them also to grow in other social and economic aspects, on the basis of respect towards their sovereign will expressed through the ballot.78
In the case of New Zealand, this flexibility is maintained by the Electoral Law Committee. This select committee is appointed by each Parliament to consider electoral matters. After a general election, the Electoral Law Committee conducts an inquiry into the administrative and legal aspects of the election. It reviews reports from the Chief Electoral Officer, Ministry of Justice, the Electoral Enrolment Centre and public comments. It then makes recommendations to the House on revisions that should be made to the electoral law. 79
Electoral Law
Many countries have adopted a national election law which is comprehensive and covers most aspects of an electoral process. Included in an election law are the mandates for the electoral policy and management bodies; the timetable for elections; the requirements for voter, candidate and political party registrations; polling and count principles; control mechanisms; and, penalties for election law violations. It also usually details the procedures and mechanism for dealing with complaints and disputes regarding the electoral process. (For more in depth information see Electoral Law)
Systems that have one comprehensive election law can minimize integrity issues stemming from conflicts between different pieces of legislation. If there is one comprehensive election law, the enforcement mechanisms for upholding the law can also be described within that law- specifically detailing what responsibilities are those of the electoral policy or management bodies, and what responsibilities belong to the justice system or other enforcement mechanism.
Applicable Penal Laws
Election integrity issues that involve fraud, corruption or violence are usually covered under the criminal codes of each country. These involve actions that surpass election-specific problems and involve larger issues such as maintaining law and order, and fighting fraud and corruption.
There may also be general anti-fraud and anti-kickback laws that would apply to these offences committed during the electoral process. In addition, there are usually specific laws that are adopted that directly relate to electoral fraud and corruption, such as the appropriate use of campaign funds, prohibitions against bribing voters, limitations on financial contributions to the campaigns and the like.
The criminal justice system usually comes into effect if the Government brought charges against a person or group of persons for violating one of these laws. The case is settled in court, which also sentences the offender if found guilty of having broken the law.
It is important to ensure that the penal codes include electoral law violations and that criminal offences do not fall through the cracks because of omissions. For example, this was done as part of the Mexican electoral reforms, where an office of Special Prosecutor was created. It is the responsibility of this office to ensure that the Mexican penal codes covered criminal election actions, including:
behaviours negatively affecting the conditions of the electoral contest (electronic media coverage, spending and financing of political parties, and government actions ad programs, specifically the deviation or resources, property or services used by any public servant with electoral purposes), as well as those that can produce or favour irregularities, all this with the aim of protecting human and political rights of Mexican citizens.80
Civil Right Laws
Some countries have adopted civil rights laws to protect voter rights and prevent discrimination. These laws supplement the political rights provisions in the constitutional and legal framework by targeting specific areas where the country has historically had problems with discrimination, arbitrary treatment of minorities or other groups by the government or individuals.
In the case of the U.S., a series of Civil Rights Acts were enacted to prevent racial discrimination. Their provisions included outlawing arbitrary discrimination in voter registration, expediting voting right suits and creating a bipartisan Civil Rights Commission to investigate civil rights issues. These Acts were supplemented by a Voting Rights Act that specifically targeted restrictions that were used to prevent minority voters from exercising their right to vote. Among these legal provisions was a court test for the legality of poll taxes (which the court found unconstitutional), a suspension of the use of literacy tests, and federal registrars to register in areas with a history of discrimination.81
