Election legislation may exist as a set of separate laws or as a single electoral code. Legislation in this area is likely to address the electoral system, voting rights, the establishment and functioning of the election authority, voter registration, election preparations, and campaign financing. While voter educators may not participate in the drafting of this legislation, it will have a significant impact on the voter education undertaking.
Electoral Systems
Different electoral systems place different demands on voters and election authorities. The choice of a system normally reflects the social circumstances within which voters find themselves. If legislation cannot be easily amended, there may be times when social change precedes changes to election law. This can result in a misalignment between voters and the system. Recently a number of countries have been engaged in discussions about potential reforms of their electoral systems. The nature and timing of changes to the electoral system will have a major impact on voter education. Where a system has been in place for some time, there may be some assumtion that this is the only, and most appropriate system, and therefore there will be some resistence to change.
Generally, however, voter educators will want to lobby for systems that limit complexity both at the voting level and in determining results. For it is the facility to understand the relationship between their vote and the election outcome that provides a major motivation for voters to participate.
Election Legislation and Voter Education
A legislative mandate for voter education is often a prerequisite to mobilise the necessary budget and staff to support a programme. Depending upon the degree of decentralization of election administration, a legislative mandate may stem from either national or state laws. At the same time, there may be countries where legislation specifically excludes broadly defined voter education initiatives on the part of the election authorities. Spain is one example. In such cases, election authorities have to provide voter information within very restricted guidelines.
On the other hand, increased understanding of the value of education has resulted in more detailed voter education clauses in electoral legislation. In a number of cases, these have been linked to public information and campaign legislation. Legislation often needs to be interpreted carefully, however, and the independence of the electoral authorities, their security of tenure, and control of their budgets all have an impact on their ability to establish innovative programmes of public information and voter education.
Legislative clauses may range from the simple to the more complex. In some cases, the functions delegated to the electoral authority may not be clear in mandating voter education. The apparent coincidence of elections with democracy, for instance, may result in the electoral authorities either receiving a clear mandate to conduct voter education or interpreting it simply from their roles and functions.
In Ethiopia, the election of a constituent assembly required the establishment of an electoral board. In addition to its other 'powers and duties', it was required 'to widely provide to the public civic education relating to elections.'7
A similar brief provision exists in the Australian Commonwealth Electoral Act of 1918. The functions of the Electoral Commission are 'to promote public awareness of electoral and Parliamentary matters by means of the conduct of education and information programs and by other means.'8
Brevity, however, has not limited creativity. In Australia, the compulsory nature of voting has led voter educators to a broad interpretation of their mandate. In fulfilling its responsibility to ensure that all voters are able to cast their ballot and understand its importance, the state places the initiative to vote with the voter. The result has been an extensive voter education programme.
In Canada, the educational mandate has been extended in an interesting way to ensure that education is provided on an inclusive basis. 'The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly those persons and groups most likely to experience difficulties in exercising their democratic rights.'9 This is a good example of how changes in the social context have been followed by legislative directives.
Unfortunately, this is not always the case. In two transitional situations, provisional authorities have been given equally brief directives. In the referendum over the creation of Eritrea, the proclamation reads that the election authority has as one of its duties 'publicizing the referendum and informing the voters.'10 And in Bosnia and Herzogovina, the provision reads in part, 'In order to inform the citizens of Bosnia and Herzegovina about the electoral process and citizen's rights as voters, the Provisional Election Commission has decided that all radio and television stations throughout Bosnia and Herzegovina and in both Entities shall broadcast informational voter education material produced by the Provisional Election Commission.'11
This provides an illustration of the close relationship between voter education and the general role of the media in elections. And juxtaposed as it is with articles relating to party use of the media, it also underscores the close relationship between voter education and political propaganda.
The Mozambican Electoral Law includes a chapter entitled 'Election Propaganda and Civic Education'. Within that chapter of eleven articles, only one, Article 102 (Civic Education), relates to actual concerns for voter education. But by linking these sections, it appears that voters are going to become not only better informed but more committed to electoral
participation if they are exposed both to a well-publicized campaign and to the necessary voter information.
The Mozambican law provides some additional insight into voter information and education messages and methods:
1. Through the media, the National Electoral Commission shall promote the education of citizens on the objectives of the elections, the electoral process, and the manner in which each voter casts his/her vote.
2. The communiques, semiofficial statements, and other acts of the National Electoral Commission shall be published by the public sector media free of charge and as a matter of priority.12
Beyond standard legislation on elections, stand-alone legislation on voting rights, such as exists in the United States and Russia, may require that election authorities at all levels provide information and education to the electorate at large or to certain target groups and to make the voting process more accessible, for example to voters with disabilities or to first time voters.
In some cases, often in transitional settings, election legislation is silent on the issue of informing voters. In these instances, election authorities need to decide whether or not they have the authority to conduct voter education as a part of their broader election preparations. This decision can be affected by the socio-political context in which elections are being held, legal traditions (for example how narrowly legal provisions are interpreted), and sensitivities about mandate. Does the public expect the electoral authority to provide fundamental information on the elections? Is there money to do so? Would political participants consider this to be beyond the mandate of the election authority and would this perception adversely affect the legitimacy of the institution or the elections? Such concerns, in the absense of a legal mandate, have led the Repulic Election Commission of Montenegro, for example, not to engage in voter education activities.
Also in countries undergoing a transition, it is not uncommon to find situations in which an election authority has a legal mandate to inform voters, but has not been provided with the necessary budgetary allocation to fulfill such obligations. This is known as an unfunded mandate. In resource scarce environments, simpley pulling off an election on time will consume all available funds. Very often, voter education becomes a relatively low priority or is considered a luxury. The country of Georgia provides one example in which election budgets have been routinely underfunded with transfers of government funds taking place relatively late in the election process. Under such circumstances, the international community often becomes involved, assuming the costs of voter education efforts.
Election Legislation and the Promotion of Democracy
Because of the importance of elections in maintaining democracy and its institutions, many electoral authorities have used the powers given to them for informing the public and educating voters to expand their work into schools and other educational institutions. In some cases this type of work may be construed less as civic education in its totality but more as education for or about elections. Russia and Ukraine provide two examples in which the election authority and educators have joined forces to introduce classroom-based courses on elections.
There are times, however, when the electoral code seems to go beyond this type of electoral education and compel electoral authorities to intervene at a deeper level. In Mexico, the code requires the Federal Electoral Institute to 'assist in the promotion and diffusion of the political culture' and to 'contribute to the development of the democratic life.'13 This has resulted in a very extensive educational programme that is not only on-going but extends beyond the scope of a particular election.
In South Africa, the act establishing the electoral commission lists a range of functions to 'promote conditions conducive to free and fair elections' and to promote 'knowledge of sound and democratic electoral processes'.14 The objectives of the commission are 'to strengthen constitutional democracy'.15 This may have educational implications as yet
unforeseen by the commission.
The leeway allowed by such provisions, however, places significant responsibility on electoral authorities. On the other hand, this may not be the case in societies where there are a many competing institutions, both private and public, or where the authority has an onerous administrative mission. It will also not be feasible in societies where there exists no permanent election authority. Also, the size of an election or constraints caused by the cost of elections may make it difficult for the authorities to engage in anything more than simple voter information. Indeed, operating a general educational programme at the expense of an effective voter information programme for each election may be counter productive.
