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1. Paths to Democratic Resilience in an Era of Backsliding

Author:
Erica Shein, Cassandra Emmons, Kyle Lemargie, and Fernanda Buril
Publication Date:
12-2023
Content Type:
Special Report
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
Despite some bright spots, the anti-democratic challenges of the day are not fading fast. Investing in democratic resilience is increasingly essential, as autocrats — who governed 72 percent of the global population at the close of 2022 — go to ever greater lengths to preserve and expand their power. Unlike in eras past, contemporary autocrats seek not to replace democracy with a competing ideology but to manipulate the democratic system to achieve their own ends. This paper lays out a detailed approach to building democratic resilience in countries facing democratic erosion, democratic breakdown, and autocratic deepening. Investments in resilience may take different forms: In some cases, we may be able to help a democracy “bounce back” from episodes of backsliding; at other times, we may need to support democracy to enable it to persist in diminished form, reinforce what remains of the democratic architecture, or simply preserve the normative foundation and public demand for democracy for a future opening. The paper offers a framework for choosing interventions that are most likely to succeed based on the relevant backsliding context. With this framework, we seek to shift the question from whether support is feasible or desirable in a backsliding context to how the international community can best support a democracy that is encountering any form of backsliding.
Topic:
Elections, Democracy, Resilience, and Democratic Backsliding
Political Geography:
Global Focus

2. Risk-Limiting Audits: A Guide for Global Use

Author:
Erica Shein and Alexandra Brown
Publication Date:
03-2021
Content Type:
Commentary and Analysis
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
Contentious elections are a stress test for governments. Trust is hard won, easily lost and very difficult to restore. Election audits can enhance voters’ confidence in the results, if they are grounded in the law and performed by well-trained officials, and follow a predictable, transparent and observable process. A new guide from the International Foundation for Electoral Systems (IFES) focuses on the risk-limiting audit (RLA), a type of post-election tabulation audit that relies on statistical evidence to confirm that the election outcome is correct. Compared to other types of audits, RLAs can be more effective and efficient. The U.S. has been the primary laboratory for RLA testing, with more than 60 piloted and 10 states currently requiring or allowing them. A long-time partner of election administrators around the world, IFES is dedicated to expanding the range of tools available to reinforce confidence in the electoral process and ensure that outcomes reflect the will of the voters. Risk-Limiting Audits: A Guide for Global Use considers how RLAs could have global application and utility – particularly to build trust in election results. The guide provides a basic framework for testing RLAs in diverse contexts by outlining foundational prerequisites and operational, legal and regulatory considerations. IFES will continue to refine and expand on this primer as new findings emerge.
Topic:
Elections, Risk, and Audit
Political Geography:
Global Focus

3. Parliamentary Oversight of Constitutional Bodies in the Maldives

Author:
Alexandra Brown, Erica Shein, and Katherine Ellena
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
After decades of power centralized in the executive, the Maldives’ 2008 Constitution introduced separation of powers and created “independent institutions to monitor the three branches of power and safeguard human rights.” The Election Commission, Anti-Corruption Commission and other independent institutions must have sufficient autonomy to operate effectively and carry out their mandates without susceptibility to undue influence. However, they are not immune from corruption, poor leadership or partisan behavior, and still require oversight to ensure accountability. Finding the correct balance between accountability and autonomy can be challenging, but it is essential to ensure that the institutions appropriately fulfill their mandates. In response to a request from Parliament, the International Foundation for Electoral Systems (IFES) conducted an extensive literature review, analyzed comparative practices and consulted stakeholders to develop a set of recommendations for effective parliamentary oversight of independent institutions. The resulting paper, Parliamentary Oversight of Constitutional Bodies in the Maldives, explores how parliamentary tools and mechanisms can be effectively tailored to provide the appropriate level of oversight. The paper has recommendations and lessons that are broadly applicable outside the Maldivian context, and helped inspire the development of IFES’ Autonomy and Accountability Framework. Because constitutional bodies have a unique role to play in bolstering good governance, any improvement to their performance will improve the quality of democracy as a whole and help prevent corruption, improve service delivery and increase transparency and rule of law. IFES’ Autonomy and Accountability Framework helps countries achieve this in practice.
Topic:
Elections, Democracy, Constitution, Transparency, Autonomy, and Parliamentarism
Political Geography:
South Asia, Asia, and Maldives

4. New Report on Abuse of State Resources Assessment in Bosnia and Herzegovina

Author:
Erica Shein
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
This report details findings from an Abuse of State Resources Assessment conducted by the International Foundation for Electoral Systems (IFES) in Bosnia and Herzegovina (BiH). As part of a two-year research effort, IFES recently developed a detailed methodology for evaluating a country’s legal framework related to the abuse of state resources (ASR) in elections. Using this methodology, the report draws on detailed desk research as well as a field research mission to BiH in November 2017. Findings are focused on ASR legal provisions, oversight institutions, and enforcement mechanisms. To the extent possible, the report evaluates both the state (national) level of BiH and the entities of the Federation of BiH and Republika Srpska. While in BiH, the team conducted 15 interviews in Sarajevo and Banja Luka with a range of stakeholders. Assessment participants were confident that public awareness of ASR was high. There was general agreement, however, that – more than two decades after the conclusion of a devastating war – the public is largely resigned to accepting such misuses in exchange for peace. The 1995 Dayton Accords that ended the war created a uniquely complex political and electoral structure for the country that remains in place today. This structure creates additional challenges to preventing ASR in campaigns, as ethnic divisions in society are replicated in the political system. Voting blocs are considered pre-determined, so parties representing a particular set of ethnic interests cater to their own constituencies at the expense of broad or programmatic-based coalition building. There is a limited “opposition” willing to advocate against ASR, as essentially all political actors are both beneficiaries and victims of the abuse. This report focuses on three principles for detecting, deterring, and remedying ASR abuses in a manner commensurate with international standards. Principle 1 evaluates the legal framework for addressing three potential avenues for ASR: state personnel, state funds and physical resources, and official government communications. Principle 2 of this report focuses on oversight of the ASR legal framework by independent institutions. Principle 3 of the ASR methodology analyzes the effective enforcement of sanctions and penalties. This report also delves into key contextual features that impact ASR: the public service framework, campaign finance mechanisms, civil society oversight and advocacy, media environment and public information, and public procurement. An overall environment of impunity for perpetrators of the misuse of state resources during elections is further enabled by a variety of factors external to the legal and administrative system, which are explored in this section of the report. The remainder of the report offers a detailed recommendations list and a brief overview of the ASR assessment methodology, as well as an in-depth analysis on each of the areas described above. Based on this analysis, recommendations have been made to strengthen the legal framework with an emphasis on the rights and responsibilities of civil servants, explicitly regulating the use of state funds and other resources, strengthening mandates of oversight and enforcement bodies, creating incentives for improved enforcement, and strengthening weaknesses in the enabling environment that impact ASR.
Topic:
Corruption, Elections, Voting, Election Interference, and State Abuse
Political Geography:
Europe, Balkans, and Bosnia and Herzegovina

5. New Report on Abuse of State Resources in Georgia

Author:
Erica Shein, Chad Vickery, Heather Szilagyi, and Julia Brothers
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
his report details findings from an IFES Abuse of State Resources Assessment conducted in Georgia following October 2016 elections. This assessment served as the pilot test of the Abuse of State Resources Research and Assessment Framework assessment methodology, which was researched, developed, and peer-reviewed under the Global Elections and Political Transitions mechanism supported by the United States Agency for International Development. Using this methodology, the report draws on detailed desk research as well as a field research mission to Georgia in May 2017. Findings are focused on abuse of state resources (ASR) legal provisions, oversight institutions and enforcement mechanisms. ASR violations are a consistent feature of national and municipal elections in Georgia, and assessment interlocutors see the participation of civil servants in campaign activities as one of the most significant challenges. Also of concern is the perceived over-staffing of public service departments and legal entities of public law, especially at the local level. This report aims to provide actionable recommendations for improving the ASR environment in Georgia. The report focuses on three principles for detecting, deterring and remedying ASR abuses in a manner commensurate with international standards. Principle 1 evaluates the legal framework for addressing three potential avenues for ASR: state personnel, state funds and physical resources, and official government communications. Principle 2 focuses on oversight of the ASR legal framework by independent institutions. Principle 3 analyzes the effective enforcement of sanctions and penalties. The methodology applied for this assessment also acknowledges the need to account for contextual factors may impact the ASR in elections. As such, the report provides a narrative overview of challenges related to the public service framework, campaign finance framework, civil society oversight and advocacy, media environment and public information, and public procurement in Georgia. Based on in-depth analysis of each of the areas described above, the report offers detailed recommendations to strengthen the legal framework with an emphasis on clarifying the rights and responsibilities of civil servants, ensuring that ASR sanctions and penalties achieve a deterrent effect, and clarifying mandates of oversight and enforcement bodies.
Topic:
Corruption, Elections, Voting, Election Interference, and Rigged Elections
Political Geography:
Europe, Eurasia, Eastern Europe, and Georgia