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2. The Mueller Report: What it Includes, What it Omits, and What it Teaches
- Author:
- Itai Brun and Tehilla Shwartz Altschuler
- Publication Date:
- 05-2019
- Content Type:
- Working Paper
- Institution:
- Institute for National Security Studies (INSS)
- Abstract:
- On April 18, 2019, the US Department of Justice released a redacted version of the full report (448 pages) submitted by Special Counsel Robert Mueller about Russia’s interference in the 2016 US presidential elections. The report consists of two parts: the first presents the outcome of the investigation into Russia’s involvement in the election and draws conclusions regarding the presence or absence of a conspiracy or illegal coordination between the Russians and the Trump campaign; the second part deals with President Trump’s possible obstruction of justice regarding the FBI investigation into the Russian intervention and the investigation by the Special Counsel himself. This essay deals with the first part, i.e., the results of the investigation into the connection between the Russians and Trump for the purpose of influencing the election results. The report reflects accurately the US criminal law that deals with conspiracy and illegal coordination regarding elections. At the same time, it exposes a gap in the nation’s conceptual, organizational, legal, and technological preparedness to confront the possibilities that the digital space provides to undermine – internally and externally – the democratic process. Israel suffers from the same gap, and it is therefore imperative that the state confront it before the next Knesset election.
- Topic:
- Crime, Elections, Election Interference, and Investigations
- Political Geography:
- Russia, United States, Europe, Middle East, Israel, and North America
3. Elections on Trial: The Effective Management of Election Disputes and Violations
- Author:
- Katherine Ellena, Chad Vickery, and Lisa Reppell
- Publication Date:
- 06-2018
- Content Type:
- Working Paper
- Institution:
- International Foundation for Electoral Systems
- Abstract:
- Mechanisms for election dispute resolution (EDR) must increasingly withstand new forms of sophisticated political and electoral manipulation, most recently illustrated by the Cambridge Analytica whistleblower claims, but previously highlighted by the International Foundation for Electoral Systems (IFES) as a growing concern around the globe. Hence, the right to receive an effective remedy in the elections context, through the efficient and transparent administration of justice, has become even more fundamental. This involves both the protection of procedural justice (for individuals involved in an election dispute or accused of a violation) and the advancement of open justice (for the public at large, which has a stake in the legitimacy of the election process and outcome). This new IFES research paper, Elections on Trial: The Effective Management of Election Disputes and Violations, outlines the fundamental principles for procedural justice and open justice in election cases. Significant attention is often paid to the independence and impartiality of judges or arbiters making decisions on election cases, while the mechanisms through which these cases are managed and publicized are often overlooked. To address this knowledge gap, IFES conducted preliminary comparative desk research on the case management of election dispute resolution in six countries: Mexico, Tunisia, Kenya, Macedonia, Kosovo, and the Philippines, to better understand how case management processes and platforms can help translate established procedure into actual practice. This research was made possible by the generous support of the American people through the United States Agency for International Development under the Global Elections and Political Transitions Program. Institutions dealing with election disputes and violations face enormous challenges as election litigation increases, and as political actors find new ways to undermine the process or to simply ignore laws and rules in place. It can be an extremely difficult task to balance all the different components of procedural justice and open justice in a way that ultimately ensures a just and transparent process for all litigants. The paper presents comparative information illustrating these principles in practice, discusses case management tools and techniques, and provides recommendations for election management and EDR bodies seeking to strengthen the processes and platforms through which elections disputes and violations are resolved.
- Topic:
- Law, Elections, Election Interference, and Election Dispute
- Political Geography:
- Kenya, Philippines, Mexico, and Tunisia
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
- 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. 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
6. An Evaluation of the United States’ Electoral Process
- Author:
- Chad Vickery and Heather Szilagyi
- Publication Date:
- 11-2018
- Content Type:
- Working Paper
- Institution:
- International Foundation for Electoral Systems
- Abstract:
- he 2016 elections brought into view serious threats to the United States’ (U.S.) electoral process, though much recent attention has focused on cybersecurity and foreign interference. The U.S. has traditionally benefited from high levels of trust in the electoral process and its outcomes, but that inherent trust has been declining in recent years. The International Foundation for Electoral Systems (IFES) routinely conducts comprehensive assessments and offers advice on how countries around the world can reform their elections to better align with international standards and best practices. However, more established democracies like the U.S. are rarely scrutinized by the election practitioner community in the same manner.
- Topic:
- Elections, Cybersecurity, Foreign Interference, and Election Interference
- Political Geography:
- Russia, United States, Europe, and North America
7. The Case for Foreign Electoral Subversion
- Author:
- Cecile Fabre
- Publication Date:
- 09-2018
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- Most foreign policy is not implemented through war. Yet, with a few recent exceptions—like James Pattison’s 2018 monograph The Alternatives to War—political and moral philosophers have yet to explore all options between war and doing nothing.1 Here I consider one such option: subversive interference in a democracy’s nationwide elections. In that regard, the years 2016–2017 have proved rich in controversies. In France, Russian banks with close ties to the Kremlin provided cash loans to the National Front in the run-up to the 2017 presidential elections. In December 2017, the Australian premier announced a tightening of restrictions on foreign funding of political parties out of concern with alleged and undue Chinese influence on some Australian politicians. Last, but far from least, in the United States the Office of the Director of National Intelligence along with the CIA, FBI, and NSA all take the strong view, backed in part by social media data, that Russian authorities actively sought to undermine Hillary Clinton’s 2016 presidential campaign and to bolster Donald Trump’s.2 Interestingly, however, some of President Putin’s critics are vulnerable to the charge of hypocrisy. To give but two examples, the United States has a long history of interfering in the institutions and elections of its Latin American neighbors and, indeed, at the height of the Cold War, of its European allies. More recently, many believe that, absent U.S.-driven assistance, the Democratic Opposition of Serbia would have lost the 2000 Yugoslavian presidential election to Slobodan Milošević.3 Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war and, indeed, other forms of coercive diplomacy. Perhaps this is because, to many people, the rights of democratic participation have primacy over all other rights; or because most often electoral subversion takes place covertly. Either way, given how destructive those other modes of interference are, this is puzzling. I frame my inquiry as follows. I focus on the state-sponsored, nonviolent, nonkinetic subversion of nationwide elections (for short, subversion). Moreover, because I am interested in exploring whether there are any situations in which subversion may be justified, I consider cases in which subversion is used as a means to prevent or end large-scale human rights violations, though my argument also has implications for subversion as a tool of foreign policy in general. In addition, my aim is not to evaluate subversion as an alternative to war or, for that matter, to other measures, such as economic sanctions. Due to space constraints, I simply wish to show that, under certain conditions and subject to certain constraints, subversion is pro tanto justified. Whether it is justified all things considered—and, in particular, once one has taken into account other options—is another matter and one that I cannot settle here. Finally, although subversion affects election candidates, it above all undermines a citizen’s right to vote. Accordingly, in what follows I focus on the latter and not the former. Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war. Before I begin, let me outline the overall normative framework on which my arguments rely. I take it for granted that all individuals, wherever they reside in the world, have rights to the freedoms and the resources they need to lead a minimally flourishing life—in other words, human rights. Moreover, they hold those rights against all human beings and their respective governments. Put differently, on this cosmopolitan view, all of us, wherever we reside in the world, are under duties to all other individuals, wherever they reside, to respect their human rights. How precisely we discharge those duties partly depends on the institutional structures under which we live. Be that as it may, I am not under a stronger duty to respect my compatriots’ human rights—for example, not to be killed or to be given means of subsistence—than I am to respect those same rights of noncompatriots, and vice versa
- Topic:
- Foreign Policy, Human Rights, Sovereignty, Elections, and Election Interference
- Political Geography:
- Global Focus
8. Cybertools of Political Competition and the 2016 American Presidential Campaign
- Author:
- Marek Gorka
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- In the last decade, one can notice the huge interest of researchers in the field of cyberpolicy, which is primarily due to the widespread use of the Internet in the public space. This fact is also an impulse for conducting interdisciplinary research that combines knowl- edge from social sciences on the one hand, and uses content from technical sciences on the other. Compared to the form of conducting election campaigns in the 20th century in the U.S., during the 2016 election campaign there were significant changes in the conduct of po- litical struggle. These changes consist above all in the use of cybernetic tools, which to a large extent, however difficult to determine, shaped electoral behavior. The contemporary political competition is more and more dependent on technology, which becomes the main element of the professionalization of election campaigns. Investigating the impact of cyberspace on electoral results is a big challenge, considering the fact that the area of cybertechnology is extremely complex. Cyberspace has now become a field for many political phenomena that are constantly evolving and in most cases their importance is immense for the functioning of the political system. The article is intended to deal with selected phenomena related to cybertechnology that were compared with other events from the U.S. election campaign in 2016. The article aims to investigate selected events resulting from the use of cybertechnol- ogy, which had an impact on electoral behavior.
- Topic:
- Elections, Cybersecurity, Social Media, Disinformation, Election Interference, and Digitalization
- Political Geography:
- North America and United States of America
9. Beyond Vote Rigging: Common Patterns in Electoral Malpractices in De-Democratizing Regimes
- Author:
- Adam Szymański and Wojciech Ufel
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- For the past decade in many countries in Europe and its close neighborhood we have observed different types of processes which can be named as “de-democratization”. The aim of the article is to analyze the state of elections as the crucial democratic institution which fairness and competitiveness have a substantial impact on the political regime. While Turkey as a “role model” for our analysis remains a main focus of the article, three Euro- pean countries were selected for a comparison based on their relative similarity to Turkey – Hungary, Macedonia (FYROM) and Serbia. The following questions are posed: Are elections in these countries free, fair and competitive? Can some types of electoral malpractice and irregularities be identified? How does the state of elections in terms of their fairness and competitiveness influence the political regime? The main hypothesis is that in the analyzed countries elections competitiveness limited by incumbents can become a factor deciding about the change within the political regime in the long run (loss of democratic quality) and also change the regime (to a less democratic one).
- Topic:
- Elections, Democracy, Election watch, Election Interference, and Illiberal Democracy
- Political Geography:
- Europe, Serbia, Macedonia, and Hungary
10. The Last Straw: Responding to Russia’s Anti-Western Aggression
- Author:
- Mieke Eoyang, Evelyn Farkas, Ben Freeman, and Gary Ashcroft
- Publication Date:
- 06-2017
- Content Type:
- Working Paper
- Institution:
- Third Way
- Abstract:
- In this paper, we argue that Russia’s interference in the 2016 presidential election is just one part of a wide-ranging effort by Moscow to undermine confidence in democracy and the rule of law throughout countries in the West. Russia has engaged in this effort because, in both economic and demographic terms, it is a declining power – the only way it can “enhance” its power is by weakening its perceived adversaries. Because Russia’s aim is to erode the health of Western nations, we argue it is time for America and its allies to employ a comprehensive, non-kinetic response to contain Russia.
- Topic:
- Security, Elections, Cybersecurity, Democracy, Foreign Interference, and Election Interference
- Political Geography:
- Russia, United States, Europe, and North America