Summary
The impartiality of election management bodies should be ensured at all levels, from the national commission to the polling station.
Election Parts
Quotes
- The Court has 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 The Georgian Labour Party v. Georgia, no. 9103/04, § 101, 8 July 2008), that the proceedings conducted by them be accompanied by minimum safeguards against arbitrariness and that their decisions are sufficiently reasoned (see, mutatis mutandis, Namat Aliyev, cited above, §§ 81-90, and Kovach, cited above, §§ 59-60).
- The Court has 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 The Georgian Labour Party v. Georgia, no. 9103/04, § 101, 8 July 2008), that the proceedings conducted by them be accompanied by minimum safeguards against arbitrariness and that their decisions are sufficiently reasoned (see, mutatis mutandis, Namat Aliyev, cited above, §§ 81-90, and Kovach, cited above, §§ 59-60).
- [States should] ensure transparency of the electoral process, particularly in: 8.2.1. the organisation of elections: they should be organised by independent and impartial bodies, which should lead to the general introduction of central electoral commissions, ensuring that adequate resources are made available for the effective registration of voters and efficient organisation of the ballot.
- In states where the administrative authorities have a long-standing tradition of independence from the political authorities, the civil service applies electoral law without being subjected to political pressures. It is therefore both normal and acceptable for elections to be organised by administrative authorities, and supervised by the Ministry of the Interior.
- Where there is no longstanding tradition of administrative authorities' independence from those holding political power, independent, impartial electoral commissions must be set up at all levels, from the national level to the polling station level.
- Other electoral commissions operating at regional or constituency level should have a similar composition to that of the central electoral commission. Constituency commissions play an important role in uninominal voting systems because they determine the winner in general elections. Regional commissions also play a major role in relaying the results to the central electoral commission.
- This is why independent, impartial electoral commissions must be set up from the national level to polling station level to ensure that elections are properly conducted, or at least remove serious suspicions of irregularity.
- To ensure proper administration of the EDR process, the election administration at both the central and local levels should be free from any political interference and guided by the fair implementation of laws. Irrespective of the composition of the election administration body, its independence should be expressed in clear and transparent proceedings.