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1. Regional Director on “The Elections We Want” in Africa

Author:
Rushdi Nackerdien
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
As part of its annual report, the Wilson Center Africa Program asked IFES Regional Director for Africa Rushdi Nackerdien to contribute an essay on recent African elections. His piece, “The Elections We Want,” covered 2017 elections in Angola, Rwanda, Liberia, Senegal, the Gambia, and Kenya, and their implications for election practitioners moving forward.
Topic:
Elections, Election watch, and Voting
Political Geography:
Kenya, Africa, Liberia, Senegal, Rwanda, Angola, and Gambia

2. Abuse of State Resources Research and Assessment Framework

Author:
International Foundation for Electoral Systems
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
The International Foundation for Electoral Systems (IFES) recently concluded a two-year Technical Leadership project examining the abuse of state resources (ASR) in election campaigns. This research initiative, led by the Center for Applied Research and Learning and funded by the United States Agency for International Development under the Global Elections and Political Transitions mechanism, focused on ASR (sometimes referred to as administrative resources) for the purpose of gaining an electoral advantage. The Abuse of State Resources Research and Assessment Framework: Guidelines for the Democracy and Governance Community of Practice is an abbreviated companion document to the complete Abuse of State Resources Research and Assessment Framework developed in this effort. Both documents are based on in-depth, comparative analysis of laws and regulations that target ASR in election campaigns and the effectiveness of these provisions in deterring or remedying these abuses. In many countries, uses of state resources during electoral periods are not sufficiently regulated and enforcement of violations is weak or nonexistent due to deficits of political will or limited capacity of oversight institutions. As highlighted in an IFES publication, individuals and parties in power may capitalize on these gaps to marshal public goods – including state personnel, state funds and physical assets, and official government communications – in service of political campaigns. Beyond undermining electoral competitiveness, another often-overlooked component of this abuse of power is the role elections play in cycles of entrenched corruption. Not only do abuses during the campaign period undermine competitiveness by conferring an unfair electoral advantage, they threaten the appropriate distribution of government services and do long-term damage to the legitimacy of governance institutions. This is because abuses do not stop after parties use the assistance of the state apparatus to win elections; corrupt politicians subsequently use their access to levers of the state to enrich themselves and distribute perks to supporters. The cycle of government personnel, media, and other resources being used in service of political campaigns is then likely to continue. This ASR assessment tool focuses on legal and regulatory provisions specific to ASR, but it also delves into some other common areas of abuse (for example, government procurement and contracting, public works spending around elections, campaign finance, and vote buying). These guidelines were designed for use by international and domestic civil society actors, implementers, and advocates to evaluate the effectiveness of the ASR legal framework in a given country and develop additional tools for monitoring and advocacy. This shorter version of the tool will help these groups identify priority issues and vulnerabilities that they can use in developing their strategy for monitoring, addressing, and/or advocating for measures to mitigate ASR. Findings could also point to specific recommendations for improving transparency and enforcement surrounding ASR, including enhanced training programs, strengthened regulatory provisions, investments in investigative journalism, and increased transparency in public procurement.
Topic:
Corruption, Governance, Elections, Democracy, and Voting
Political Geography:
Global Focus

3. 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
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

4. When Are Elections Good Enough?

Author:
Chad Vickery, David Ennis, Katherine Ellena, and Alyssa Kaiser
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
The high-profile annulment of the 2017 Kenyan presidential election surprised many election watchers in Africa and across the globe. All elections suffer from challenges and irregularities, to varying degrees of seriousness, including poll worker error, acts of God, and violence, without these challenges necessarily changing the outcome of the vote or leading to a full annulment. A decision to annul elections is one that should not be taken lightly as it can have serious consequences for democracy. Repeat elections impose unexpected costs on state budgets and candidates; the normal operation of legislatures and governments may be disrupted while a revote is organized; candidates may refuse to participate in the fresh elections, leading to a political crisis; and repeat elections may themselves be subject to irregularities. Most concerning, however, is the potential for bad actors to use annulment of results (under the guise of ensuring “secure elections” or as redress for “widespread irregularities”) as a tool to thwart the will of voters. This raises important questions: When are elections considered good enough? And what is needed to make a determination whether to validate or annul an election? The answer to these questions is not straightforward, and different jurisdictions have taken different approaches. In some contexts, there may be a readily quantifiable number of votes affected by one or more irregularities. In other cases, however, such as voter intimidation, cyberattacks, or electoral disinformation, determining the impact of an irregularity on an election will be difficult or impossible. With that difficulty in mind, it is critically important for jurisdictions to have clear and pre-determined rules governing when annulment is available as a remedy, both to ensure that annulment is available if needed, but also so that annulment is not misused to frustrate the will of the voters. A new International Foundation for Electoral Systems research paper outlines various legal approaches to election annulments, explores different grounds for annulment, and outlines procedural considerations for courts and adjudicators when determining whether to annul an election result, drawing on international principles and global jurisprudence.
Topic:
Elections, Voting, Election Interference, and Rigged Elections
Political Geography:
Global Focus

5. Political Participation of Women and Men with Disabilities in Tunisia: An IFES Assessment

Author:
Ambar Zobairi and Virginia Atkinson
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
On May 6, 2018, Tunisia held the first municipal elections since the 2011 popular uprising that ousted President Zine El Abidine Ben Ali, a critical step in the country’s democratic transition and implementation of the system of decentralization enshrined in the 2014 Constitution. The elections were the first time an innovative new disability quota was implemented for candidate lists, resulting in 144 people with disabilities being elected. The large number of newly elected councilors with disabilities provides a unique opportunity to demonstrate positive political leadership of people with disabilities and empower other people with disabilities to participate in political life. Over a two-week period around the elections, the International Foundation for Electoral Systems (IFES) conducted a disability rights assessment mission to look at the barriers and opportunities related to political participation of women and men with disabilities, focusing primarily on the preparations for and conduct of the elections.
Topic:
Gender Issues, Disability, Voting, and Participation
Political Geography:
Africa, North Africa, and Tunisia

6. IFES Experts Contribute to American Bar Association Book on International Election Remedies

Author:
Katherine Ellena and Chad Vickery
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
The right to an effective remedy is well established in international law, and stems from the fundamental rights of political participation and universal suffrage. It is the violation of these rights – intentional or otherwise – that necessitates a remedy to restore them. Election experts from the International Foundation for Electoral Systems (IFES) were invited to contribute four chapters to a publication of the American Bar Association’s (ABA) Standing Committee on Election Law, entitled International Election Remedies, published in November 2016. In “Measuring Effective Remedies for Fraud and Administrative Malpractice,” Senior Legal Specialist Katherine Ellena and Center for Applied Research and Learning Director Chad Vickery take on the difficult task of addressing what are effective remedies where fraud and malpractice affect the election. They emphasize the need for electoral remedies that protect the integrity of the process and electoral rights. In "Voter Registration," Michael Yard, a former chief of party in Kenya and Uganda, explains that registration of eligible voters is one of the most time-consuming activities undertaken by many electoral management bodies. To further explore this critical component of election administration, Yard explains the difference among passive, man¬datory and optional registration systems. IFES Indonesia Chief of Party David Ennis and former U.S. Elections Adviser Cameron Quinn describe in “Voting and Election Day” the balance between due process and the need for timeliness in addressing problems on Election Day.
Topic:
Elections, Voting, Participation, and Suffrage
Political Geography:
Global Focus

7. 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
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

8. Access to Justice and Electoral Integrity

Author:
International Foundation for Electoral Systems
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
What is the importance of granting access to justice for the rule of law and electoral integrity? What are the key principles for effective, timely and impartial administration of justice? The Kofi Annan Foundation’s policy brief, entitled “Access to Justice and Electoral Integrity,” reviews international standards and best practices in which key principles are applied at the crossroads of elections and human rights. It demonstrates the importance of an effective institutional framework that provides legal redress to protect and effectively exercise rights linked to political participation and representation, as well as the remedies and reparations of those violations.
Topic:
Human Rights, Elections, Election watch, and Voting
Political Geography:
Global Focus

9. Money and Elections in the Maldives

Author:
International Foundation for Electoral Systems
Publication Date:
11-2014
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
The International Foundation for Electoral System’s (IFES) in close cooperation with national experts from Commerce, Development and Environment Consulting, conducted a nation-wide survey to measure the prevalence of vote buying in the Maldives during the March 2014 parliamentary elections. This is the first systematic study of its kind conducted in the Maldives and it provides statistical data on vote buying, campaign finance and other election-related issues. It reveals that 37% of the voters have personally witnessed attempts at vote buying. In addition, the Maldivian public is highly cynical of the way in which political parties and candidates spend their campaign funds. At the same time there is very strong public support for campaign finance reforms and, in particular, for combating vote buying. The methodology and sample were designed to be nationally representative with a +/- 3 percent margin of error. The report will be shared with the government, the parliament, the Election Commission, civil society, political parties and others. IFES is currently providing technical support to the Electoral Reform Working Group to formulate amendments to electoral legislation, and remains committed to supporting Maldivian institutions in improving the electoral process.
Topic:
Elections, Finance, Voting, and Campaign Finance
Political Geography:
South Asia, Asia, and Maldives