Search

Begin New Search Topic Voting Political Geography Global Focus

1. 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

2. 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

3. 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

4. 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