Electoral legislation should be publicly promulgated.
- Election legislation should be enacted in accordance with the applicable legal provisions governing the promulgation of laws by the parliament. Election legislation that is not enacted in accordance with the applicable legal provisions may be of questionable legitimacy, and risks annulment by the courts.
- The legal framework should, therefore, be drafted in an open and inclusive manner in order to secure broad confidence among competing political parties and candidates, and voters. It is good practice that significant changes in the legal framework are not introduced shortly before an election, except under exceptional circumstances and when the amendments have broad political support.
- Although a government has the flexibility in determining the structure of the legal framework, the primary instrument in the field of elections must be a written law, as opposed to custom or a collection of administrative policies. As the instrument of choice, written law provides the benefits of equity, certainty, visibility and transparency, and makes the matter subject to judicial interpretation and review, as well as open to recourse by citizens.
- Electoral legislation should be published and readily available to the public.