642 Results
Quotes
Quotes based on international documents, law, and treaties- "A permanent election administration does not itself guarantee that the elections are professionally administered. As far as professionalism is concerned, there appears to still be room for improvement in a number of countries. "
- "To avoid the risk of governmental interference in the commission’s work, as a rule the number of commission members nominated and appointed by the executive government should, if at all, be very low. "
- "It is important that not all commission members are appointed by the same institution. "
- "It is regarded as helpful if at least some of the commission members are appointed by non-political institutions that are perceived as being neutral. "
- "If some or all commission members are appointed by the parliament or by political parties, an adequate balance between pro-government and opposition parties has to be achieved. "
- "The provision for regular or expanded membership of electoral commissions to include party representatives is often regarded as an effective system to guarantee checks and balances of the electoral process. The underlying idea is that one party watches the other. Progovernment and opposition parties are represented in the electoral commission and can control each other. Closely related to the nomination of party representatives to electoral commissions, however, is the risk of the over-politicisation of the commission’s work. In such cases, the commission’s members act in the interest of their parties rather than in the interest of the electorate. "
- "In order to guarantee the independence of the election commission it is usually preferable to respect common incompatibilities in the commission members. Persons who could be involved in an inherent conflict of interests with the requirement for impartiality should not be allowed to be appointed to electoral commissions. "
- "The commission’s independence can be strengthened by appointing commission members for a fixed (and sufficiently long) time period and by prohibiting their dismissal without reasonable grounds. "
- "The rules of procedure must be clear. Commissions’ activities and decisions must be transparent, inclusive and consensus oriented, but at the same time the effectiveness of the electoral administration should not be hampered by endless debates or even dead-lock situations. A way has to be found to combine the best possible transparency, inclusiveness and effectiveness of the electoral administration at the same time. Depending on what the specific problems of a country’s electoral management are, recommendations focus on different, sometimes even contradictory, aspects. "
- "Qualified voting requirements can also be abused to obstruct the decision making process, particularly under the condition of a strongly politicised electoral administration. "
- "The establishment of a neutral supervisory body to monitor and regulate the media and to deal with complaints about media behaviour during the campaign can be an important step in implementing the law and promoting free, equal, and fair access to broadcasting. Such a body might be a media monitoring unit within the election administration or a parliamentary commission, a multi-party board, a commission of selected persons or a selfregulatory body of the media. "
- "Electoral observation plays an important role in insuring transparency in elections, particularly in emerging and new democracies. The guarantee of domestic and international observers’ rights in the electoral law has been repeatedly demanded in cases where they are missing. (Such provisions might also be adopted in many established West European democracies, like France or Spain, which do not have any regulation on non-partisan domestic and international observers at all.) Especially the rights of domestic non-partisan observers need to be enhanced in a number of cases. Even if observer rights are guaranteed in the law, sometimes there is a lack of clarity of rules, resulting in widely differing interpretations of the regulations. "
- "Obviously, it might be helpful if observers are formally accredited and the accreditation criteria stipulated clearly. Cumbersome and complex registration procedures for observers should be avoided. "
- "Both national and international observers should be given the widest possible opportunity to observe the elections. Observation cannot be confined to election day itself, but must include the whole electoral process, from the registration of candidates (and, if necessary, voters) to the post-election period. However, the observers’ right to attend all election commission meetings, observe the election activities at all times, and obtain copies of protocols, tabulations, minutes, and other documents at all levels is not always guaranteed by law or in practice. "
- "While awareness that the pre-election period should be comprehensively observed is increasing, the post-election process is frequently neglected. International observers, for example, often depart from a country shortly after election day and long before the declaration of final results. However, it is important that some observer presence remains until the verification and announcement of the final results. Correspondingly, the electoral rules should specify that observers have a role and a right to observe the post-election period and have a right of access to electoral commissions until all the electoral tasks are completed (as for Azerbaijan, CDL-AD(2004)016rev; CDL-AD(2005)029). "
- "The same refers to the polling station layout – i.e. the positioning of tables for polling station procedures, barriers for voter queues, voting booths, ballot boxes, etc. – which should ensure the effective flow of voters through the polling station and the secrecy of the vote. It is very important that polling station members (as well as the observers) have an effective overview of all staff and voter activity. For example, it is quite problematic if voting booths cannot be supervised by polling station members because they are completely out of sight or even placed in different rooms. "
- "The electoral laws or instructions given by electoral administration bodies should clarify which persons are authorised to be in the polling stations. Besides the voters and the polling station officials, authorised persons are usually representatives (agents, proxies) of candidates or political parties/ alliances, domestic and, if invited, international observers, and the media. However, there is always the risk that unauthorised persons are present inside the polling station, too. In a number of elections, observers reported the presence of unauthorized persons due to unclear instructions given to electoral officials or failures to implement respective rules. "
- "The presence of electoral observers is of paramount importance for the integrity of the electoral process. While the free access of proxies and observers to polling stations is generally respected in almost all European countries (Belarus being an exception until recently), in several occasions proxies and observers had problems to enter the polling stations or move freely inside. The small size and the over-crowding of polling stations has often been used as a justification for restricting the movement of proxies and observers. It should be clear, however, that the inappropriateness of the polling station cannot be used as an excuse for restricting the observers’ free movement. Instead, it is the obligation of the electoral authorities to select and prepare polling stations in such a manner that an effective observation is possible without hindering the polling station activities. "
- "Furthermore, it is commonly agreed that policy and security forces should not routinely be inside (or even outside) the polling station, as this may have an intimidating effect on voters, especially in countries with a rather poor democratic tradition or in (post-)conflict situations. As a rule, the police should only be allowed to enter the polling station when asked by the chairman of the respective electoral commission to secure order. Of course, it should only be called when the situation could otherwise get out of control. "
- "After being issued a ballot paper, voters usually are directed to a vacant voting booth in order to mark the ballot. Naturally, it is quite helpful if voters are familiarised with voting procedures. Voter education programmes and clear voting instructions in the polling stations are necessary, particularly if ballot structures and voting systems are complicated. "
- "According to the Code of Good Practice in Electoral matters, the votes should preferably be counted at the polling station immediately after poll close, rather than in special counting centers (CDL-AD (2002)023rev, para. 45). This has the advantage of providing quick results for the polling station. Further, counting away from the polling station may raise security problems, since the transport of ballot boxes and accompanying documents is always a security risk. "
- "The correctness of the count depends on clear procedures, adequate staff training and their commitment to the process. The correctness of the results does not only refer to the vote share of each candidate, party or electoral alliance. It refers also to the accuracy of the whole electoral data, including, for instance, the number of votes cast (which is especially important in those countries where a minimum turnout is needed for elections or referendums to be valid). Great care must be taken to ensure that all figures are accurately recorded in election protocols. "
- "Close attention has to be paid to ensure that results protocols are correctly completed and signed by all authorised persons, according to the law. It goes without saying that the protocols have to be signed after the count has finished, rather than beforehand, as it is sometimes the case. Properly completing election protocols is no easy task. "
- "The transmission of the results per telephone, fax or electronically and the personal transfer of copies of election protocols to higher level electoral commission are vital operations, the importance of which is often overlooked (see also CDL-AD(2002)023rev, para. 51). Although these processes deserve closer attention, they seldom attract the observers’ interest. It should be noted, however, that the transmission of election results and the transfer of election documents from lower to higher electoral commissions can be a source of error and manipulation. Special safeguards should be considered (security codes for transmitting; accompanied and observed transport; re-check of results based on original copies of election protocols; etc.). "
- "It is of paramount importance that appeal procedures should be clear, transparent, and easily understandable. However, in a number of cases, the procedures for dealing with complaints and appeals are not clearly defined and are very complicated. International observers’ reports repeatedly characterise complaint and appeals procedures as complex, ambiguous, and confusing, leading to an inconsistent interpretation and application of the electoral law. The rules and procedures are often not well understood by electoral subjects. Furthermore, members of relevant bodies are not always sufficiently trained on election complaints and appeals rules. "
- "As a matter of principle, electoral violations should be investigated and electoral violators should be held accountable by law. Thus, election (and party) legislation and/or framework legislation such as Civil and Penal Codes should specify election-related offences (which can be committed by voters, candidates, parties, media, electoral and public officials, etc.) and the legal sanctions for such offences (e.g. forfeiture of contributions or public funding, suspension or disqualification for a candidate, fines or imprisonment). "
- "Though widespread electoral violations were acknowledged to have taken place, there was a general failure to enforce the law in a number of elections. In some countries, there is still a “culture of impunity” for election-related offences. Of particular concern is the fact that election officials are seldom held legally or administratively accountable for electoral violations. Electoral observers have frequently demanded that election officials found guilty of irregularities should be held accountable and not be reappointed for future elections. The relevant authorities’ general failure to take measures against election violations undermined the credibility of, and public confidence in, elections of several countries. Prompt and radical measures by the authorities are needed to curtail any tolerance for election-related offences as well as to fully restore the rule of law and confidence in the election process. "
- "[C]ounting should preferably take place in polling stations. "
- "[C]ounting must be transparent. Observers, representatives of the proposal’s supporters and opponents and the media must be allowed to be present. These persons must also have access to the records. "
- "[T]he state must punish any kind of electoral fraud. "
- "Freedom of voters to express their wishes also implies: iii. the right to accurate establishment of the result by the body responsible for organising the referendum, in a transparent manner, and formal publication in the official gazette. "
- "Democratic referendums are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of movement inside the country, freedom of assembly and freedom of association for political purposes, including freedom to set up political parties. "
- "An impartial body must be in charge of organising the referendum. "
- "Where there is no longstanding tradition of administrative authorities’ impartiality in electoral matters, independent, impartial electoral commissions must be set up at all levels, from the national level to polling station level. "
- "The central commission must be permanent in nature. "
- "Organisation of the referendum by an impartial body d. It should include: i. at least one member of the judiciary or other independent legal expert; ii. representatives of parties already in Parliament or having scored at least a given percentage of the vote; these persons must be qualified in electoral matters. It may include: iii. a representative of the Ministry of the Interior; iv. representatives of national minorities. "
- " Members of commissions must receive standard training. "
- "Observation should cover respect by the authorities of their duty of neutrality. "
- "It is advisable not to provide for: a. a turn-out quorum (threshold, minimum percentage), because it assimilates voters who abstain to those who vote no. "
- "It is advisable not to provide for: b. an approval quorum (approval by a minimum percentage of registered voters), since it risks involving a difficult political situation if the draft is adopted by a simple majority lower than the necessary threshold." "
- "When reviewing the proportionality of the measure, it must be borne in mind that numerous ways of organising and running electoral systems exist. There is a wealth of differences, inter alia, in historical development, cultural diversity and political thought within Europe which it is for each Contracting State to mould into its own democratic vision (see Hirst (no. 2), cited above, § 61; and Sitaropoulos and Giakoumopoulos, cited above, § 66). This means that the proportionality of electoral legislation (and of any limitations on voting rights) must be assessed also in light of the socio-political realities of a given country. Furthermore, since the Convention is first and foremost a system for the protection of human rights, the Court must have regard to the changing conditions within the respondent State and within Contracting States generally and respond to any emerging consensus as to the standards to be achieved. In this regard, one of the relevant factors in determining the scope of the authorities’ margin of appreciation may be the existence or non-existence of common ground between, or even trends in, the laws of the Contracting States (see Hirst (no. 2), cited above, §§ 78, 81 and 84; and Sitaropoulos and Giakoumopoulos, cited above, § 66). Whether the impugned measure has been subjected to parliamentary scrutiny is also relevant, albeit not necessarily decisive, to the Court’s proportionality assessment (see passim Hirst (No. 2), cited above, especially §§ 78-79; Doyle, cited above; and Alajos Kiss v. Hungary, no. 38832/06, § 41, 20 May 2010). "
- "It should be recalled that the right to vote is not a privilege. In the twenty-first century, the presumption in a democratic State must be in favour of inclusion (see Hirst (no. 2), cited above, § 59; and Sitaropoulos and Giakoumopoulos, cited above, § 67). The exclusion from the right to vote of any groups or categories of the general population must be reconcilable with the underlying purposes of Article 3 of Protocol No. 1 (see Ždanoka, cited above, § 105; and Sitaropoulos and Giakoumopoulos, cited above, § 67). Any general, automatic and indiscriminate departure from the principle of universal suffrage risks undermining the democratic validity of the legislature thus elected and the laws it promulgates (see Hirst (no. 2), § 62; and Sitaropoulos and Giakoumopoulos, cited above, § 68). "
- "There are numerous ways of organising and running electoral systems and a wealth of differences, inter alia, in historical development, cultural diversity and political thought within Europe which it is for each Contracting State to mould into its own democratic vision (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 61, ECHR 2005-IX). For the purposes of applying Article 3 of Protocol No. 1, any electoral legislation must be assessed in the light of the political evolution of the country concerned, so that features that would be unacceptable in the context of one system may be justified in the context of another, at least so long as the chosen system provides for conditions which will ensure the “free expression of the opinion of the people in the choice of the legislature” (see Yumak and Sadak v. Turkey [GC], no. 10226/03, § 111, ECHR 2008). Furthermore, since the Convention is first and foremost a system for the protection of human rights, the Court must have regard to the changing conditions within the respondent State and within Contracting States generally and respond, for example, to any emerging consensus as to the standards to be achieved. In this regard, one of the relevant factors in determining the scope of the authorities’ margin of appreciation may be the existence or non-existence of common ground between the laws of the Contracting States (see Glor v. Switzerland, no. 13444/04, § 75, ECHR 2009). "
- "As to the constitutional rules on the status of members of parliament, including criteria for declaring them ineligible, although they have a common origin in the need to ensure both the independence of elected representatives and the freedom of electors, these criteria vary according to the historical and political factors specific to each State. "
- "It is essential that parliamentary candidates are shown to be persons of integrity and truthfulness. By obliging them to put themselves forward publicly, in a full and frank manner, the electorate can assess the candidate’s personal qualifications and ability to best represent its interests in parliament. Such requirements clearly correspond to the interests of a democratic society, and States have a margin of appreciation in their application. "
- "The object and purpose of the Convention, which is an instrument for the protection of human rights, requires its provisions to be interpreted and applied in such a way as to make their stipulations not theoretical or illusory but practical and effective (see, among many other authorities, United Communist Party of Turkey and Others v. Turkey, 30 January 1998, § 33, Reports of Judgments and Decisions 1998-I; Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III; and Lykourezos v. Greece, no. 33554/03, § 56, ECHR 2006-VIII). The right to stand as a candidate in an election, which is guaranteed by Article 3 of Protocol No. 1 and is inherent in the concept of a truly democratic regime, would be merely illusory if one could be arbitrarily deprived of it at any moment. Consequently, while it is true that States have a wide margin of appreciation when establishing eligibility conditions in the abstract, the principle that rights must be effective requires that the eligibility procedure contain sufficient safeguards to prevent arbitrary decisions (see Podkolzina, cited above, § 35). This principle requiring prevention of arbitrariness is equally relevant in other situations where the effectiveness of individual electoral rights is at stake (see, mutatis mutandis, Kovach v. Ukraine, no. 39424/02, § 55, ECHR 2008). "
- "The Court has also emphasised that it is important for the authorities in charge of electoral administration to function in a transparent manner and to maintain impartiality and independence from political manipulation (see Georgian Labour Party v. Georgia, no. 9103/04, § 101, ECHR 2008) and for their decisions to be sufficiently well reasoned (see Namat Aliyev, cited above, §§ 81-90). "
- "Political party, candidates and election campaign funding must be transparent. "
- "Sanctions must be imposed in the case of breaches of duty of neutrality and voters' freedom to form an opinion. "
- "[E]lectronic voting should be used only if it is safe and reliable; in particular, voters should be able to obtain a confirmation of their votes and to correct them, if necessary, respecting secret suffrage; the system must be transparent. "