Legislation may provide no requirement on the election manager to establish a mechanism for
continuous monitoring of the requirements for registration. The registration itself may be time
limited to the life of the electoral process. It may, however, last for longer and in certain
circumstances it may well be necessary to establish as a unit within the EMB a group of people
with responsibility for the continued monitoring of all or certain requirements.
The requirements which may need continuous monitoring might include, for example, a
requirement that membership of the party is represented from a number of geographic areas
within the country. Part of the unit's responsibilities could include the need to have access to
membership details and to validate the accuracy of those lists on a sample basis. Other
requirements could include ensuring that the registered party symbol was used.
Other activities which may be affected by legislation include the recruiting and training of
supporters, fund raising, publishing, holding meetings and rallies, distribution of leaflets and
access to the media.
It is possible that the law will proscribe certain activities such as the use of intimidation,
vote-buying, attacking an opponents character, aiding and abetting an election offence and
breaking rules about election expenditure.
The election manager's role in the function of monitoring these requirements may be limited or
may be involved.
The role may be limited if the legislation has created criminal offences for breaching the rules.
In this case the role of investigation and prosecution may rest with the police and the
responsibility of the election manager will be very restricted. The most cost effective method of
overseeing and prosecuting this type of offence would be for the police to be responsible. The
alternative would be to create an investigation unit within the EMB which is unlikely to be cost
effective or effective in terms of deliver. An alternative to these ends of the spectrum is the
situation of Canada (CA) where the Canada Election Commissioner is responsible for the
enforcement and execution of the provisions of the election law. The Commissioner is
responsible for launching an investigation into electoral complaints. Having issued the results of
the investigation he/she also decides if there are sufficient grounds for taking a case to court or
whether to close a case. Elections Canada employs the services of a number of private
investigators, usually former policemen with a great deal of experience, who work under the
direction of the Commissioner.
In the United States of America (US) responsibility for investigation of elections crimes rests
with the Election Crimes Branch of the Criminal Division of the Department of Justice. The
investigations are undertaken by the Federal Bureau of Investigation.
The electoral process creates the opportunity for rival parties to watch each other's activities and
to report breaches of electoral law to the appropriate authorities. Legislation may be drafted in
such a way that the election manager is prevented from participating in the process. Often the
election manager is approached with a complaint about an alleged infringement of the law
because he/she is perceived to have a role as 'referee' rather than an administrator in creating a
level playing field'. He/she must be careful to ensure that impartial and accurate advice is given
and he/she and all their staff must be aware of the limits of their authority and power to act.
