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Begin New Search Author Katherine Ellena Publication Year within 25 Years

1. 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

2. Developing a Holistic Exposure and Adaptation Testing (HEAT) Process for Election Management Bodies

Author:
Katherine Ellena and Goran Petrov
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
In a new publication, the International Foundation for Electoral Systems (IFES) outlines strategies for election management bodies (EMBs) to strengthen their technology and procedures to resist vulnerabilities, by following what we have termed a Holistic Exposure and Adaptation Testing (HEAT) process. While no electoral process or technology is infallible, the HEAT process aims to secure automated or digitalized electoral processes – as far as possible – against unanticipated threats, illicit incursions, system failures, or unfounded legal challenges. As the name suggests, the HEAT process focuses on the types of exposure an EMB may face when implementing different types of technology systems (technology, human, political, legal and procedural exposure). This process encourages a more holistic assessment of what could go wrong in data and technology management and allows the EMB to identify strategies to reduce or eliminate different types of exposure in a systematic manner. Because the HEAT process seeks to provide a holistic approach to cybersecurity in elections, we have drawn lessons from international principles, election cybersecurity case studies, risk-mitigation methodologies and technology-related election court judgments. The proposed process is also guided by international best practices on data management and cybersecurity, as well as transparency, open data and privacy.
Topic:
Security, Science and Technology, Elections, and Cybersecurity
Political Geography:
Global Focus

3. 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

4. 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