National Legislation Impacts Roles of Election Authorities
Elections take place within a legislative context which can either support or inhibit the goals of voter education. Election authorities will want to consider, therefore, not only their own legislative jurisdiction but also legal provisions which will impact their ability to inform and educate voters and achieve popular participation in electoral processes. In this regard, it is
important to understand that the election authority normally will have to rely on the elected government (or in the case of transitional societies, the statutory authority) to prepare and pass appropriate legislation.
Unlike most other legal guidelines, however, legislation relating to electoral systems;the conduct of elections; the freedoms of speech, information, and association; campaign finance; and political activity can be manipulated to benefit an incumbent party or regime. Not only can this have implications for the general management of elections, it can also impact the effectiveness of efforts to inform and motivate voters.
At the earliest possible opportunity, therefore, election authorities will want to develop mechanisms for reducing the impact of particular political circumstances on all legislation which has electoral consequences. Such mechanisms may include the placement of certain electoral procedures within the constitution, requiring special majorities, particular committee approval, or public noticiation and participation procedures prior to amendment.
Good Election Legislation Facilitates Voter Education
Beyond this, there are several other important considerations to be addressed with respect to election legislation.
1) Voter information and education tasks will be easier if legislation and regulations reduce complexity and encourage general participation.
In particular, legal definitions of, and practices relating to, spoiled and invalid ballots can be either restrictive, and as such punitive, or open. Provisions relating to ballot design can either be complicated, and therefore confusing, or straight-forward. The process of voting can be facilitated, both psychologically and physically, by the number, accessibility, and location of polling stations; the quality and training of officials; hours of voting; the provision of special voting services; and the ease of registration.
While there is a general presumption that those drafting electoral legislation favour the widest possible access to the polls, history suggests that this has not always been the case. Legislation should be inherently democratic. If it is not, it may be necessary for public advocacy groups to engage in voter information, education, and mobilisation in order to change the system.
Consistency, both within and between legislation, will also be extremely important. Are all of the laws and provisions governing elections, for example those pertaining to voting rights, local elections, national elections, referenda, campaign finance, public information and campaign activity, and administrative and criminal penalties consistent? It is not uncommon for national and local election laws to contain inconsistent or conflicting provisions. This will present real problems if national and local elections are held concurrently. If there are conflicting deadlines for voter registration, or differing methods for marking ballots, or varying procedures for filing a complaint, confusion is likely to rule the day and the task of educating voters will be considerably more complicated. To avoid these types of problems, some countries have adoped universal electoral codes.
2) Education is not necessarily a neutral activity.
Fears may arise that giving carte blanche to all sorts of groups in society to go into the field and provide education will lead to anti-government propaganda, biased promotion of particular parties, and incorrect information. Legislation, therefore, can be restrictive in determining who can undertake voter information and education. At present, however, most electoral
legislation gives very limited attention to the matter of voter education. While this may mean that the election authority has discretion in engaging non-statutory bodies, organizations, or individuals, newly appointed authorities often find it difficult to exercise this discretion in societies where the demand for information and education is great but where resources are limited and awareness, acceptance, and trust of alternative educators is nascent.
There are ways resources can be maximised if the legislation either has defined voter education expansively or at least has given the election authority the power to draw in other national or international organisations and individuals.
Election Legislation Should Address Voter Education
For these reasons, both election authorities and other organisations with an interest in any election will want to pay close attention to the legislative framework that can either promote or constrain free and fair elections. In particular, they will want to ensure that voter education functions are clearly delineated in order to establish the necessary mandate and the requisite funding.
