The institutional framework for elections is built on the institutional foundations laid in the legal framework. It is composed of a number of separate agencies and organizations that form the institutional structure of the electoral system.
The main institutional actors in an election are:
The roles of these institutions in maintaining election integrity are discussed in each of these sections.
It is important that the roles of each institution be clearly defined in the Legal Framework. In addition, a separation of powers, and a rational checks and balance system, between the institutions, can help maintain integrity. As discussed in Administrative Considerations, for instance, if an electoral management or policy body is given too many roles- such as drafting the electoral legislation, applying and enforcing the legislation and then acting as a supreme court for electoral matters, there are few institutional checks on its actions.87
Institutional arrangements, and agreement on these structures, is an important election integrity factor. One of the primary institutional questions is whether or not to have an independent electoral policy and management body. In countries with a history of ruling party domination over the electoral apparatus, opposition parties and civil society may expect an independent commission to be established in order to ensure an impartial administration of the elections.
Having agreement by the main political and civil actors on the type of institutional framework to adopt before the institutions are created, can result in a more credible election body and build trust in the system. Without agreement, discontent and distrust can start at this initial phase and continue to fester throughout the process. For example, in Kenya, 'institutional arrangements for the 1992 and 1997 parliamentary and presidential elections were the immediate cause of intense political conflicts.'88 The electoral commission, Kenya Broadcasting Corporation, the Kenya Police, Provincial Administration were all 'regarded as adjuncts of the incumbent Kenya African National Union government in having served its purpose during the 1992 multi-party elections.' 89
Whether the institutional system adopted is 'balanced' among political party representatives, 'independent' in that it is made up of independent citizens, or whether it is part of a government institution, the election institutions must have the political and financial independence necessary to be able to administer a free, fair and competitive election. It must also be able to ensure that political parties and candidates are able to participate equally and fairly.
