Whilst there will always be an argument about the meaning of democracy, there is a great deal of
agreement emerging about the guiding principles that should govern election management. An
election management body (EMB) should be founded on principles of independence,
nonpartisanship, and professionalism. It should have clear procedures to make it accountable and
have equally clear procedures for reviewing its effectiveness both as a management organisation
and as a service deliverer. It must be nonpolitical but capable of operating in a political
environment.
Guiding Principles
Independent: In a country with multiparty activity, an EMB attracts the confidence of all
parties only if it is seen to be independent of any party and of the sitting government. It is essential
that the EMB have this confidence or else the process of the election and the results will be
brought into question. And while the EMB can never be wholly independent because it will be
reliant on the legislature for the approval of funding and possibly the appointment of its key
personnel, these powers should not be used to exert influence over the EMB. The EMB itself
should also be structured to protected it from influence. Some countries, such as Papua New
Guinea and South Africa, have constitutional guarantees for the independence of their EMBs. In
Costa Rica, it is a fourth branch of government under the constitution. Other countries may not
guarantee independence in their constitution but do nevertheless cherish, respect and safeguard
such independence (e.g., Australia, Canada, and the United Kingdom).
Nonpartisan: Nonpartisan is not the same thing as independent. Rather, it implies that
the EMB should not care about who wins or loses the election it is administering. Its interest
should be in establishing a level playing field on which candidates and parties may compete, in
giving all voters sufficient information so they can cast their vote in a reasonably informed manner,
and in adding up votes and declaring results without prejudice toward any party or candidate. The
EMB should be composed of people who are, and who are perceived by the key players to be,
capable of acting impartially and who enjoy the confidence of the major parties. In many cases,
this means that the members or policymakers of the EMB are not members of any political party.
If a completely nonpartisan body cannot be created, then one that is balanced by the inclusion of
representatives of various parties should be created.
Professional: No matter how independent or impartial an EMB may be, an equally
important characteristic is professionalism in its approach to the huge administrative task that is
electoral management. Election management is essentially a service industry, and people have
rising expectations of the ability of the industry to deliver a quality service. Failure to deliver that
service because of nonprofessional behaviour, be it poor planning or other administrative
inefficiency, may have the consequence of calling into question the key principles of independence
and impartiality. As a result, people will be less likely to participate in the process in future.
A professional EMB should constantly review the law it administers and the ways in which it
advises its staff, political parties and candidates, and voters about the electoral process. An EMB
should ensure that the electoral law is faithfully administered and that all candidates, parties, and
voters are treated equally and fairly. It should also consider how best to inform and educate the
voters about the electoral process and how to make best use of resources, including new
technology. It should have sufficient resources to perform its functions.
Managerial and Ethical Principles
There are also managerial and ethical principles that should guide the EMB. So far as
management principles are concerned, these may be described as requiring an organisation that
recognises the importance of professionalism and the need to have a properly trained and
motivated staff who work in a culture of respect, flexibility, and understanding of the ethical
principles that govern their work.
The integrity of election administration is crucial to ensure that the electoral process is considered
to be legitimate. There is little point in holding elections, which are expensive operations, if the
outcome is questionable because of either the inefficiency of the EMB or doubt about its
impartiality. At the time of an election as well as during the compilation of the voters list, the
attention of many will fall on the role of the EMB, and the EMB should be certain that it can
withstand such scrutiny and ensure the legitimacy of the processes for which it is responsible.
The International Institute for Democracy and Electoral Assistance (IDEA) has published a Code
of Conduct for the ethical and professional administration of elections. The code details the five
ethical principles that should form the basis of electoral administration to ensure both the
appearance and the actual integrity of the electoral process. According to this code, the administration of elections must
- demonstrate respect for the law,
- be nonpartisan and neutral,
- be transparent,
- be accurate,
- be designed to serve the voters.
The following section discusses these ethical principles in detail.
Ethical Principle 1 - Election administration must demonstrate respect for the law
The success of an election depends on the extent to which it is accepted as legitimate and binding
by the participants in the political process. The expression of major policy decisions in a clear
legal form provides the degree of certainty that is required for the development of a common
understanding, by all participants in the process, of how it will be administered. If the election
administration does not follow the law, and apply it equitably and clearly explain the legal rationale
for its decision, the common understanding of the participants may be affected, and support for
the election process may be weakened.
An election administration should therefore
- comply with the laws of the country,
- within the legal framework of the country, ensure that the laws relating to elections are fully
implemented in an impartial and equitable fashion,
- within the legal framework of the country, ensure that every party, candidate, voter and other
participant in the election process is treated in a way that is fair and just, considering all the
circumstances.
Ethical Principle 2 - Election administration must be nonpartisan and neutral
For an election to be successful, participants in the process have to trust that the election
administrators will carry out their functions in a politically neutral way. If the people managing an
election are perceived to have a commitment to any particular election result, the public credibility
of the election process will be so seriously compromised that it will be difficult to restore faith in
the process. Election administrators must therefore perform all their tasks in a manner that is
strictly nonpartisan and politically neutral.
At times, a country may choose people to be election administrators because they represent a
political party or political tendency. In that case, even though the administrators are chosen
because of their political affiliation, they must still perform their election administration tasks in a
manner that is strictly nonpartisan and politically neutral.
Election administrators should
- act in a strictly neutral and unbiased manner in every matter concerning a political party,
candidate, voter, or member of the press or media,
- do nothing that could indicate, or be seen as indicating, partisan support for a candidate,
political party, political actor or political tendency,
- at all times, conduct themselves in an irreproachable manner, exercise sound judgement, and
observe the highest levels of personal discretion,
- disclose any relationship that could lead to a conflict of interest with their duties as election
administrators,
- not accept any gift or favour from a political party, organisation, or person involved in the
election process,
- reject any improper influences, and, except as provided by law or custom, refrain from
accepting directions relating to the performance of their tasks,
- not participate in any unauthorized activity, including any private activity, that could lead to an
actual or perceived conflict of interest with their duties as election administrators,
- not participate in any activity, including any private activity, that could lead to a perception of
sympathy for a particular candidate, political party, political actor, or political tendency,
- not express a view on any subject that is likely to be a political issue in the election,
- not communicate with any voter on a matter of partisan significance,
- not wear, carry, or display any obviously partisan party symbols or colours.
Election administrations should follow each of these guidelines, to the extent that each guideline
applies to an organisation as well as to a person.
Ethical Principle 3 - Election administration must be transparent
For an election to be successful, participants in the process have to accept the decisions of the
election administration. Participants are most likely to accept those decisions if they can easily
satisfy themselves that the decisions were made appropriately. To do that, they must have access to
the information on which decisions are based. Of course, each election will generate a large
amount of data, extensive databases, and many documents. Generally, it is not practical to provide
access to, or copies of, all that data or every one of those documents to every person who may
want access or copies. Election administrators should be prepared, however, to
- justify their decisions,
- make freely available the information on which each decision was based,
- arrange effective and reasonable access to relevant documents and information, within the
framework of the country's electoral and freedom of information laws.
In addition, election administrators and administrations should
- ensure that the agents of each political party or candidate can fully and effectively exercise
their legal rights,
- consult with participants in the electoral process on a regular basis and in relation to specific
decisions, if it is appropriate to do so in the circumstances,
- in response to reasonable requests, provide an explanation for a decision they have made as
part of the electoral process, or a decision made as part of the general operation of the election
administration,
- establish a system that allows interested parties to access, in a timely manner, all critical
information, documents, and databases used in an election process, or used in the normal
operation of the election administration,
- if any deficiency in the administration of an election comes to their attention, disclose that
deficiency on their own initiative.
Ethical Principle 4 - Election administration must be accurate
It follows from the discussion of Ethical Principle 3 that, for decisions of election administrators
to be satisfactory for the participants, the information on which the decision is based must be
accurate as well as accessible. Inaccurate or unreliable information undermines confidence in both
the administration's decisions and its general competence. Election administrators and
administrations must perform every task on the basis of the highest standards of accuracy of
information and objectivity of analysis. In particular, they should
- ensure that information is collected, compiled, and published in a way that is systematic, clear,
and unambiguous,
- do anything necessary, within the country's legal framework, to ensure that all the information
that they compile, use, or publish has a sound factual basis.
Ethical Principle 5 - Election administration must be designed to serve the voters
Election administrators and administrations should work to provide to every voter the highest
quality service required to enable voters to exercise their rights with the least possible
inconvenience, given the circumstances and the country's legal framework. In particular, they
should
- make it as convenient as possible for voters to participate in the election process,
- ensure that voters adequately understand the election process,
- do everything possible to provide a way to vote for people with special needs, such as the
blind, physically handicapped, illiterate, or those living in remote areas.
