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9. THE PRE-ELECTION PHASE: THE LONG-TERM OBSERVER
Election observation is not a one-day event. The electoral process has to be seen as a film rather than an instant photo. Observers must take into account the various stages of the election cycle, from the registration of voters and the commencement of the campaign, to the final voting, counting and verification procedures, the processing of complaints and the resolution of disputes. In order to fulfil the ODIHR's commitment to long-term election observation, a core group of LTOs is requested from the participating States for a period of approximately two months prior to the election.
The role of the LTO is to acquire first hand knowledge about the effectiveness and impartiality of the pre-election administration; the implementation of the election law and regulations; the nature of the campaign; and the political environment prior to voting day. LTOs are then responsible for assisting short-term observers (STOs) to place election day observations within an informed context.
LTOs should monitor any discrimination in law or in fact during each stage of the election cycle, including during voter education and voter registration. In particular, LTOs monitor discrimination against minorities or women, such as exclusion or marginalisation in voter education programmes and under-representation in election administration bodies.
LTOs should be prepared to arrive on a specified date for a briefing by the Head of the ODIHR Election Observation Mission. The briefing should cover the following points:
- an overview of the OSCE and specifically the role of the ODIHR;
- review the ODIHR Election Observation Handbook, covering codes of conduct and methodology of an ODIHR observation;
- explain the philosophy and method of the particular observation;
- assess the election law and regulations;
- review security issues; and
- explain how to respond to press enquiries.
After receiving their accreditation, LTOs will be dispatched in teams of two to selected posts throughout the country. LTOs will submit interim reports based on their findings which will then be used to brief STOs and contribute to the final election report. LTOs are expected to attend periodic meetings that may be called by the Head of the ODIHR Election Observation Mission during the course of the observation.
Without intervening in the election process in any manner, the LTOs will be responsible for maintaining contact with regional and local election and government authorities, political parties, non-governmental organizations (including any domestic monitors and human rights groups), other relevant civic associations, the media and national minorities (if relevant).
LTOs should observe the following aspects of the pre-election cycle:
1) Election Administration:
- the National Election Administration: composition, human resources and training, material resources;
- voter and civic education;
- voter identification and registration;
- registration of candidates and political parties;
- election boundaries;
- ballot design and security;
- special voting provisions;
- tabulation, aggregation and verification process; and
- complaints and review process.
2) Election campaign:
- the political campaign;
- campaign resources;
- media; and
- conduct of security forces
9.1. Election Administration
a. The National Election Administration: Composition, Human Resources and Training, Material Resources
Composition of the National Election Administration
A National Election Administration, such as a Central Election Commission (CEC) or an equivalent body, is usually assigned to administer an election. Occasionally the judiciary may oversee the election process. Whichever body is constituted to administer the election, its work should be independent, impartial, and transparent.
The administering body should be independent and immune from politically motivated manipulation. Its independence could be assisted if composed of well-known, respected, neutral and experienced individuals. It should be able to implement the election legislation and regulations without any undue interference, intimidation or impediment to its duty.
Alternatively, the administering body could be made up of a balance of political party representatives appointed by their respective parties. The balance of clearly identified party representatives is intended to serve as a check on the system, through multi-party representatives, with equal representation at all levels of the election administration. If political party representatives constitute the election commissions, they should be prohibited from campaigning. They should not be subject to removal by their party based on their decisions concerning the election administration.
It is preferable if the administering body is a permanent body, or at least with a standing executive committee. If it is not a permanent body, its independence can be further guaranteed if the members have a fixed tenure and the right of return to their previous employment.
If a judicial body is charged with administering the elections, its independence must be assured through transparent proceedings. Judicial appointees should be immune from the authority of those standing for office.
It is imperative for the administering body to act impartially. It must enforce the rights of freedom of expression, association, assembly, non-discrimination and due process of the law. Any partial treatment or abuse of authority may pose serious threats to an election's legitimacy.
The transparency of the election administration can be greatly enhanced, contributing to public confidence in the system, when meetings of the National Election Administration are open, and when there are recorded minutes of each meeting.
Various ministries, other central public administration bodies, prefects or other government representatives at district level, local council mayors and town hall staff may be directed to support the National Election Administration by carrying out the administrative and logistic operations of preparing for and conducting the elections. They may have responsibility for preparing and distributing the electoral registers, ballot papers, ballot boxes, polling booths, official stamps and all other required material, as well as determining the arrangements for storage, distribution and security. Observers should be informed of the role of all relevant ministries and local authorities in organising the election process.
Human Resources and Training
Adequate human resources, and specialised skills, are required to implement an election. Long-term observers should note what instructions have been issued to election officers, and if electoral officers are familiar with the tasks to be carried out on election day.
Long-term observers should assess whether election commission members have received standardised training at all levels of the election administration. Such training should also be available to members of commissions appointed by political parties. LTOs should observe such training sessions for election officials whenever possible.
Material Resources of the National Election Administration
The independence of the election administration body is further guaranteed by a transparent, sufficient and independent budget provided from government resources.
Long-term observers should establish whether the election administration has a realistic understanding of and adequate means to meet the material requirements for an efficient process:
- Will there be a sufficient number of suitable and adequate polling station facilities
- Will sufficient polling station equipment be procured for a smooth process (number of ballot papers, secure and adequate ballot boxes, number of adequate polling booths)
- Will the computer capacity be sufficient to service the election process
b. Voter and Civic Education
Observers should assess the extent and effectiveness of voter and civic education. Sufficient voter and civic education is needed to ensure that participants in the electoral process are fully informed of their rights and responsibilities as voters. These efforts can also generate knowledge and interest about the election process and build a climate for open debate.
Voter education is focused on the particular election and should inform voters of when, how and where to vote. It is therefore essential that this information is provided in a timely manner, allowing voters sufficient time to make use of the information.
Civic education is a longer term process of educating citizens in the fundamentals of democratic society and civic responsibility. It may focus on the choices available to the voter and the significance of these choices within the respective political system.
While political parties and civic organizations may contribute to voter and civic education efforts, it is ultimately the responsibility of the government and the election authorities to ensure that voters receive objective and impartial information. It should be provided to all eligible voters, including traditionally disenfranchised segments of the population (e.g. minorities).
Problems that can arise: Information about the election process may be received too late, information issued by the government could be biased e.g. "information bulletins" showing a ballot paper filled in favour of a contestant, certain groups may not receive or understand information.
c. Voter Identification and Registration
The right to vote must be given to all citizens of the country on equal terms, provided they have reached a qualifying age. A national voter register is a public document that establishes the nation-wide list of all eligible voters according to the maxim "one person, one vote".
Registration procedures and facilities should be readily accessible to the electorate. The voters list should therefore be posted well in advance of the election to permit complaints about incorrect inclusions or exclusions.
There should be legal provisions governing the method of registration, registration timetable, qualification and disqualification in respect of nationality, age and abode, temporary absence, means of identification, registration form, format of the register, publication of a draft register, procedure for claims and appeals, publication of a final register, and availability and right to inspect registers.
It is important that the implementation of the registration process be evaluated, to ensure that no unreasonable restrictions are placed on voter registration. Unreasonable restrictions are those based on race, gender, religion, ethnic origin, past political affiliations, language, literacy, property, or ability to pay a registration fee.
Reasonable restrictions may include factors such as residence, citizenship, persons in legal detention, and those considered mentally incapacitated by the courts. In relation to these factors, persons may be barred in some countries from exercising the right to vote without the violation of universal principles. However, in regards to citizenship, those who have lived in the country as de facto citizens for a reasonable number of years should be given a fair chance to register to vote.
The voter registration process is best assured by a permanent, well maintained and regularly updated national voter register. One comprehensive, computerised list can also assist the authorities in verifying the accuracy of the lists, thereby enhancing the integrity of the voter register. However, some countries may not have the capacity to generate a computerised voter register. Methods of registration, therefore, may vary from country to country depending on local circumstances.
Each method requires a prescribed procedure for identifying and registering all qualified persons. It may be necessary to conduct a house to house, person to person canvass with completion of registration forms at the household. Persons may be required to attend a registration centre in their locality in order to have their names included on a register. A register may be generated from existing records such as census registration or other national registry details.
Large scale emigration and internal migration or displacement can cause significant population shifts between elections. The difficulty of identifying and registering large numbers of voters who have moved is a substantial technical undertaking. Voters have to be crossed off lists according to their previous residence and added to lists in their new place of residence.
Safeguards should exist to avoid multiple registration. If the voters receive special voter cards, there must be adequate security to avoid duplication or counterfeiting of the cards.
Any system where special certificates can be issued on election day to enable eligible voters whose names do not appear on the voter register certainly broadens the possibility of voters to cast their ballot. But this is also a system that can be open to abuse. On such occasions when certificates are used, observers should ask voters where they were issued and who issued them. To avoid multiple voting, voters can also have their identification certificates stamped, particularly if there is no voter register.
[Note. In some instances, a formal voter register may not exist, and voting may be allowed on the basis of a citizens' register. In such cases, the citizens' register should be equally well maintained and accessible. In exceptional cases there may be no formal registration, with voters being required to establish their identity and eligibility at the polling station on polling day. In these cases, special arrangements should be considered, such as the use of indelible ink, to guard against multiple voting.]
d. Registration of Candidates and Political Parties
Commitment 7.5 of the Copenhagen Document of 1990 guarantees the right of citizens to seek political or public office, individually or as representatives of political parties or organizations, without discrimination. Any arbitrary or discriminatory application of the law for the purpose of undermining certain political forces, contravenes the OSCE commitments.
The same general principles underlying the right to vote apply for the right to be a candidate. All political forces and movements should therefore be able to nominate candidates on equal terms, and not be limited for reasons of race, gender, language, religion, political affiliation, ethnic or national origin, or economic status.
Reasonable restrictions for persons wishing to become candidates may include a residency requirement in the country for a certain period of time before the elections, minimum support among voters, or having reached a higher age than the minimum voting age.
The registration requirements should be clear and predictable, and not involve potentially discriminatory demands such as excessive deposits or an unreasonable number of names on registration petitions. A right of appeal must exist for the refusal of registration to a party or candidate.
Problems that can arise: undue suspension of parties or candidates, inconsistent application of the law with respect to the registration of candidates, provisions in the election law that have the effect of discriminating against certain groups.
e. Election Boundaries
According to the OSCE commitments, all votes should carry the same weight to ensure equal representation. This means that each elected representative represents a similar number of registered electors. For example, in a majority voting system, the size of the electorate should not vary by more than approximately ten percent (10%) from constituency to constituency. Under the proportional representation system, the size of the electorate may vary but the number of representatives for each district should be proportional to the size of the electorate.
The election law should provide detailed and uniform criteria for the drawing of electoral district lines, specifying considerations such as the number of voting population per district and natural, administrative and historical continuity of boundaries.
The boundaries must be drawn in a transparent manner, and ideally by a non-partisan commission of experts assigned for this purpose. Otherwise it may be difficult to determine if the boundaries are elaborated on the principle of political neutrality, or in a selective, discriminatory and biased manner.
f. Ballot Design and Security
The complexity or simplicity of the ballot directly affects the efficiency of the voting process. The ballots should be easy to fill out for the voter. In order to safeguard the ballot, each of them should bear an official stamp specific to the polling station and/or the signature of an authorised person/s in the polling station.
The Head of the ODIHR Election Observation Mission and the LTOs should determine who printed the ballots, where and how they were stored and distributed to the different regions, and at what time this was done prior to the elections. Where envelopes are used to authenticate a vote, similar observation should be carried out to ensure their security.
Problems that can arise: In multilingual societies, observers should note whether the election administration has made an effort to facilitate voting of those citizens who may not speak the language of the majority.
g. Special Voting Provisions
In cases where voting is permitted by mobile ballot boxes and absentee voting, or in military barracks, prisons and hospitals, such special voting procedures should be closely observed.
Mobile Ballot Boxes and Absentee Voting
Providing mobile ballot boxes and absentee voting broadens the participation of the electorate. However, these are provisions that can be open to abuse and therefore can jeopardise confidence in the election process. LTOs should closely observe and understand such provisions, i.e. to which constituencies will absentee ballots be allocated.
Although restrictions on these provisions may compromise the right to vote for part of the electorate, legislators may be convinced to accept such limitations as a necessary step to increase overall public confidence in the election process.
Voting in Military Barracks, Prisons and Hospitals
In such cases where voting is permitted in military barracks, prisons and hospitals:
- Will sufficient campaign material be provided to soldiers, prisoners, and hospital patients in order for them to make an informed choice on election day
- Are special voter registration arrangements provided How are double registration and multiple voting prevented
- Will there be adequate practical arrangements provided in these voting sites or will these segments of the electorate vote with the general public
- Will there be adequate provisions for these voters to vote by secret ballot and free from intimidation
h. Tabulation, Aggregation, and Verification Process
Before an election, the National Election Administration should explain the counting, reporting and transportation process to the electorate, parties and the media. They should describe the process openly, ensuring the transparency of the system, and give preliminary results according to a specific schedule. LTOs should assess this process, and ensure that it is conceived in a transparent manner.
The counting process should be transparent and easily verifiable. Candidates' proxies or agents, domestic and international observers, and the media should have the right to observe the whole vote count including, where applicable, the tabulation of votes.
Candidate proxies or agents, domestic and international observers, and the media should all have the right to receive copies of the official results of each polling station (or "protocols") which should also be made available to the general public by posting in a public place.
The process of aggregating results should be open to inspection, from polling station level to regional authorities and/or to the National Election Administration, and documented in relevant laws and protocols. Transportation of the ballots should be transparent and secure. If authorities transmit the results by computer, then observers should have access to the process and be allowed to monitor it.
i. Complaints and Review Process
The right to appeal to an independent, impartial national legal body must be ensured for all involved parties in the electoral process. A complaints and appeals procedure should be established as a review mechanism, which can serve as the final arbiter of disputes.
Observers should pay particular attention to the selection and composition of the review authority, its terms of tenure and its institutional autonomy, as the integrity of the election process can only be upheld if the review mechanism is independent and impartial.
Complaints concerning the election process that are submitted by candidates or voters alike, must be dealt with equitably and according to due process of law. Procedures and deadlines should be clearly enumerated in the election code. There must also be accessible and adequate facilities for filing complaints with the judicial authorities nominated for this purpose by the electoral law.
Response should be provided in a timely manner, and all rulings should be recorded and made public.
The complaints that are registered during the campaigning process can serve as indicators of the issues that should be further investigated by the LTOs.
Problems that can arise: "shelving" of complaints until after the elections, failure of a representative of the National Election Administration to turn up at the court hearing, lack of transparency in the rules of procedure, or insufficient and misleading information given to potential applicants.
9.2. The Election Campaign
a. The Political Campaign
The OSCE commitments require political campaigning to be conducted in an environment that assures freedom of expression, assembly and association. These rights must be safeguarded at all times, to allow political organising and campaigning, and to inform citizens about the candidates and issues. Adequate security measures must be provided, but not in a manner that compromises the above-mentioned commitments.
The government is responsible for ensuring that the ground rules for the campaign enjoy broad support from the contestants and effectively comply with the regulations. The contestants may adopt a Code of Conduct to ensure responsible behaviour, and should not use any means of violence or intimidation to further their cause.
Candidates must have the freedom to convey their programmes to the voters without disruption of campaign meetings, and with no geographic infringement imposed by government "no-go areas." There must be a well defined process for issuing permits for conducting public rallies, political meetings, and fund raising activities. There must be judicial recourse in the case of unreasonable delays or refusal in granting such requests.
The observers should note the availability of venues for rallies, access of all candidates and parties to places and audiences of their choice, distribution of campaign materials, and the effective freedom of assembly, association and expression for all competing political forces. Particular attention should be paid to the use of intimidation or violence to inhibit campaigning.
b. Campaign Resources
An effective campaign needs sufficient financing. Campaign costs can include salaries, transportation, office expenses, the purchase of space in print and electronic media, and the printing and distribution of campaign materials. While it is understood that elections do not always take place on a completely level playing field, an equitable and unbiased formula should be agreed upon to ensure some financing to all contestants. This may be regulated by the election law or separate legislation dealing with public financing if these funds are to be provided by the State.
It is the responsibility of the government not to abuse State resources, both human and material, in support of the ruling party?s or parties? own candidates. For example, government vehicles, office space and telecommunications should not be used for partisan purposes unless equal access can be provided to the other contestants.
Time is also an important resource for a meaningful election campaign. The duration of the campaign must provide enough time for the contestants to convey their policies to the electorate. The right to freedom of expression, association and assembly, if not previously secured on a permanent basis, must be ensured in sufficient time to allow effective political organization and campaigning.
Observers must ultimately consider whether any disparity of resources between the contestants meant that voters were not well informed about their available choices and whether this substantially affected the outcome of the election.
Problems that can arise: rules on campaign financing which obstruct efficient campaigning.
c. Media
The OSCE commitments call for unimpeded access to the media on a non-discriminatory basis. The very basis of democratic governance requires that the electorate be able to make informed choices. This demands that all contesting points of view be fairly and equitably communicated, particularly in the media financed from public funds. State sponsored broadcasters indeed carry a special responsibility for providing balanced coverage of the election campaign.
In this respect, government regulation of the media is of crucial importance to a meaningful election campaign. While larger and better financed parties and candidates may be able to purchase more media time or space, an equitable formula should be reached to permit all contestants reasonable access to print and electronic media. This may require the donation of State media time/space or some formula for public financing.
However, editorial coverage is also important to an election campaign, and consideration should be given as to whether editors cover the campaign from an independent perspective covering all issues and events. Additionally, while the incumbent may get media coverage concerning State affairs, campaign events should not be confused with issues of State.
This should be taken into account when evaluating the media by its degree of independence in informing the electorate about the candidates and issues.
The media should be assured by the government of:
- the right to gather and report objective information without intimidation;
- no arbitrary or discriminatory obstruction or censorship of campaign messages.
While long term observers should pay attention to the media, it may be necessary to co-operate with specialised agencies in order to have a precise and scientific analysis of the media.
Problems that can arise: defamation of candidates by State-owned media, exclusion of particular parties or candidates from State-owned media coverage or coverage only at times of low penetration, intimidation or harassing of media in the context of the elections, manipulation of paper and ink supplies, interference with distribution networks for printed media.
d. Conduct of Security Forces
Throughout the campaign and voting process, security forces have a duty both to prevent intimidation of voters and candidates by others, and not to intimidate themselves. Intimidation can have an insidious effect on candidates and voters alike, particularly when perpetrated by security forces. While intimidation may be difficult to quantify, widespread trends in intimidation, particularly by security forces, become readily apparent.
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