Legal framework

Enhancing Fairness: Wisconsin Experiments with Nonpartisan Election Administration, 2001 – 2016

Author
Daniel Dennehy
Focus Area(s)
Core Challenge
Country of Reform
Abstract

In the wake of a 2001 scandal over the use of government employees to assist political campaigns, public interest groups in the US state of Wisconsin pushed for reform of the state ethics and elections boards, which had been slow to respond to complaints about misuse of resources and had declined to refer suspected lawbreakers for prosecution. During the 2002 election period, gubernatorial candidates of both main parties joined the call to insulate election administration from partisan pressure. Five years of negotiation came to fruition in 2007, when the state senate and assembly voted to create a consolidated election and ethics agency directed by retired judges. The first nonpartisan election administration authority of its type in the United States, the new agency, called the Government Accountability Board, replaced a system that had vested governance of elections in a commission made up of members of both major parties. But eight years later, political alignments shifted. Arguing that the board had overreached in its handling of certain sensitive cases, state legislators in 2015 voted to shutter the institution and reverted to the pre-2007 system run by representatives of the two major political parties. This case illuminates both the circumstances that can drive politicians to introduce a nonpartisan election management system and the challenges associated with the design, implementation, and sustainability of the approach. (Note that the lead reformer in this case, Michael G. Ellis, died in 2018.)  

Daniel Dennehy and staff drafted this case study based on interviews conducted in the United States from August through November 2022. Case published February 2023.

Defending the Vote: Estonia Creates a Network to Combat Disinformation, 2016–2020

Author
Tyler McBrien
Focus Area(s)
Country of Reform
Abstract

Troubled by reports of disinformation and fake news in the United States and with regard to the United Kingdom’s Brexit referendum vote, Estonia’s State Electoral Office in 2016 created an interagency task force to combat the influence of false messaging on its democratic process. To guide its work, the small staff of the State Electoral Office adopted a network approach by engaging partners from other government agencies, intergovernmental organizations, civil society, social media companies, and the press to identify and monitor disinformation and to work with the press to correct false statements. It also developed a curriculum that would help high school students improve their ability to separate fact from fiction. The collaboration largely succeeded in checking foreign interference. However, considerations involving free speech and censorship hobbled the task force’s efforts to restrain disinformation spread by domestic political parties and their supporters. This case illuminates how an electoral management body with limited staff capacity and a restricted mandate addressed a societywide disinformation challenge.

 

Tyler McBrien drafted this case study based on interviews conducted in September and October 2020. Case published December 2020.

A New Route to Development: Senegal’s Toll Highway Public-Private Partnership, 2003-2013

Author
Maya Gainer and Stefanie Chan
Country of Reform
Abstract

By the early 2000s, traffic in Senegal's capital city of Dakar had become unbearable. A skyrocketing number of vehicles strained the city's infrastructure, and traffic jams choked not only the major road into and out of town but also the region's economic growth. A new highway that would ease road congestion had been planned decades earlier but had been shelved because of the cost, complexity, and difficulty of financing. Abdoulaye Wade, elected president in 2000, sought a new solution: a public-private partnership. The plan called for a private company to contribute a portion of the cost of the highway's construction and then to maintain the highway-in exchange for toll revenues-with the rest of the up-front costs borne by the government. Executing the first such partnership of its kind in the region would not be easy. In addition to identifying and resolving complex technical and financial aspects of the partnership, government planners had to find ways to mitigate extensive social and environmental impacts of the project-including the displacement of 30,000 people from their homes and businesses. Senegal's newly created Agency for Investment Promotion and Major Works led the process of selecting the partner company, overseeing construction, and coordinating implementation with institutions ranging from Senegalese ministries to international development banks and community associations. Once it opened in August 2013, the Dakar-Diamniadio toll highway saw greater use than expected and alleviated congestion in the capital. But delays in the resettlement of people displaced by the project meant that some problems persisted into 2016.

Maya Gainer, ISS Research Specialist, and Stefanie Chan of Sciences Po's Paris School of International Affairs, drafted this case study based on interviews conducted in Dakar, Senegal, and Abidjan, Côte d'Ivoire, in January 2016. This case study was funded by the French Development Agency. Case published May 2016.

Reaching for a New Approach: A Newcomer NGO Builds a Network to Fight the Modern Slave Trade, 2012-2018

Author
Ann Toews
Focus Area(s)
Country of Reform
Abstract

In the late 1990s and early 2000s, governments and activist organizations around the world set their sights on ending the business of human trafficking. Many groups emerged to assist victims of the crime, but few made progress toward eliminating the roots of the problem. Duncan Jepson, a lawyer for a Hong Kong–based bank, said he believed too little was being done to spotlight the shadowy criminal networks that typically crossed government jurisdictions and sometimes included otherwise legitimate businesses. Jepson decided that disrupting the trade in human beings required new types of collaboration to unravel criminal networks and confront the organizations that abetted their activities. In 2012, he founded a nongovernmental organization called Liberty Asia, which aimed to bridge institutional gaps and approach human trafficking from an economic perspective by using increasingly robust anti-money-laundering tools that were at the disposal of banks and bank regulators. This case profiles Liberty Asia’s efforts and focuses on the challenges associated with coordinating many different types of organizations to confront a common challenge.

Ann Toews drafted this case study based on interviews conducted in March 2017 and January 2018. Case published March 2018.

A Tense Handover: The 2010 Presidential Transition in the Philippines

Author
Robert Joyce
Focus Area(s)
Country of Reform
Abstract

In 2010, political tensions in the Philippines threatened a stable transfer of presidential power. Gloria Macapagal Arroyo was at the end of her tenure when Benigno Aquino III, son of two national heroes, won election in May. During the campaign, Aquino had accused Arroyo of corruption and mismanagement. Animosity, lack of planning by the outgoing administration, poor government transparency, and a weak political party system created obstacles to an effective handover in a country with a recent history of instability. However, a dedicated corps of career civil servants, a small but significant degree of cooperation between the incoming and outgoing administrations, and thin but effective planning by the Aquino side allowed for a stable though bumpy transition. The handover highlighted the importance of institutionalizing the transition process to avoid conflict and facilitate uninterrupted governance.

 

Robert Joyce drafted this case study on the basis of interviews conducted in Manila during November 2014. Case published April 2015. 

Preparing to Draft a New Social Contract: Tunisia's National Constituent Assembly Election, 2011

Author
Daniel Tavana
Focus Area(s)
Country of Reform
Abstract

Tunisia’s Independent High Authority for Elections faced a formidable task in May 2011. The newly created commission had five months to organize and implement elections for a National Constituent Assembly that would rewrite the Tunisian constitution. Commissioners moved quickly to build capacity and restore public faith in elections. The commission navigated the pressures of a compressed electoral calendar, an agitated electorate, and skepticism of the transitional government. The story of the group’s efforts to manage a successful election offers insight into how an electoral commission can take advantage of relationships with political parties, government, and the public to overcome inexperience in volatile circumstances. This case study focuses on commission staffing and recruitment, the creation of regional subsidiary bodies, and voter registration.

Toward a Second Independence: Repairing Nigeria's Electoral Commission, 2010-2011

Author
Gabriel Kuris
Focus Area(s)
Country of Reform
Abstract

After three flawed national elections, the government of Nigeria faced strong pressure to reform its electoral commission before the 2011 vote. President Goodluck Jonathan appointed Attahiru Jega, a university vice chancellor with a civil society background, to chair the commission and lead reforms. With too little time to overhaul the commission, Jega brought in a small team of trusted advisers and drew upon a support network of civil society groups to extend the commission’s reach. To build credibility, he promoted transparency both within the commission and toward the public, tapped new sources of publicly trusted election workers, created a new voter registry, reformed balloting procedures, and improved cooperation with political parties and government agencies. Despite logistical problems and an outbreak of post-election violence, observers validated the elections as the freest and fairest in Nigerian history.

 
Gabriel Kuris drafted this case study based on interviews he and Rahmane Idrissa conducted in Abuja, Kaduna, Lagos, and Zaria, Nigeria, in September and October 2011, and on an interview Laura Bacon conducted in Washington in November 2012. Case published December 2012. For a closer look at technical innovations in Nigeria’s 2011 elections, particularly in electronic voter registration and the use of social media, see “Rebooting the System: Technological Reforms in Nigerian Elections, 2010-2011."
 
Associated Interview(s):  Attahiru Jega

Creating Avenues to Resolve Election Disputes: Conflict Management Committees in Zambia, 2001-2011

Author
Rachel Jackson
Country of Reform
Full Publication
Internal Notes
04/12/2013: case uploaded by SM
04/15/2013: copyright date corrected by SM
Abstract

In 2001, the Electoral Commission of Zambia faced a tense presidential and parliamentary election. The commission needed a new mechanism to stave off conflict, clarify responsibilities for dispute resolution, and provide complainants with an effective outlet for their concerns. Inspired by the use of a similar system in South Africa, the commission leaders developed conflict management committees at both the national and district levels. The committees—comprising representatives from political parties, law enforcement, civil society, and faith-based organizations—mediated conflicts related to violations of the electoral code of conduct. The electoral commission piloted the committees in the 2001 elections, before fully implementing and strengthening the committees at the national level and in the 74 electoral districts for the 2006 elections. The mediation system helped Zambia navigate an unexpected by-election following the death of President Levy Mwanawasa in 2008 and an opposition victory over the ruling party in 2011. Though some challenges remained, the electoral commission staff and committee members credited the committees with helping the country navigate competitive elections and reduce tensions between competing parties.

 
Rachel Jackson drafted this case study based on interviews conducted in Lusaka, Zambia, in November 2012. Case published April 2013.
 
Associated Interview(s): Eric Kamwi, Priscilla Isaac

Using Conflict Management Panels to Resolve Tension in the Second Post-Apartheid Election: South Africa, 1999-2000

Author
Rachel Jackson
Country of Reform
Abstract
In 1994, South Africa's interim electoral commission accomplished a seemingly impossible task: navigating myriad technical and political challenges to hold the country's first post-apartheid election. Although the election ushered in a largely peaceful transition to majority rule, the months that preceded it had been plagued by political tension and violence. As the new and permanent Independent Electoral Commission prepared for the country's second national election, in 1999, it had to contend with the potential for renewed conflict and the weakening of many of the civil society organizations and peace structures the country had relied on in 1994. As part of a broader strategy, the electoral commission created conflict management mediation panels. Working with the Electoral Institute for Sustainable Democracy in Africa, the commission deployed respected community figures within each province's political hot spots as a way to resolve tensions on the ground. In 2000, for the local government elections, the commission extended the conflict mediation system into the country's 284 municipalities.
 
Rachel Jackson drafted this case study based on interviews conducted in South Africa, in March 2013. Case published July 2013. For a detailed look at South Africa's first post-apartheid election, in 1994, see "Organizing the First Post-Apartheid Elections, South Africa, 1994."

Restoring Credibility to Mexico's Electoral Process, 2006-2012 (Disponible en español)

Author
Rachel Jackson
Focus Area(s)
Country of Reform
Translations
Internal Notes
JRG 6/24/2014
Abstract
Following a close and highly contested 2006 presidential race, Mexico faced a crisis of credibility in the management of its elections. An opposition party threatened not to recognize the government as legitimate, citing fraud and unfair treatment by broadcast media during the campaign. Legislators in Mexico’s three largest political parties parlayed the crisis into an opportunity to address long-standing problems in the country’s electoral process. They passed a reform package that prohibited the purchase of radio and television campaign advertisements and gave political parties access to free airtime, thereby cutting into the profits of Mexico’s powerful broadcast industry. In the wake of the 2006 crisis, Leonardo Valdés Zurita, president of the Instituto Federal Electoral (Federal Electoral Institute), and the institute’s General Council had to implement the legislative reforms and restore public trust in the electoral management body itself. To do so, they had to meet both the technical challenge of monitoring broadcast signals across the country and the political challenge of winning compliance from some of Mexico’s most powerful corporations.
 
Rachel Jackson drafted this case study based on interviews conducted in Mexico City, in July 2013. This ISS case study was made possible by support and collaboration from the Monterrey Institute of Technology and Higher Education. Case published June 2014.


RESTAURACIÓN DE LA CREDIBILIDAD EN EL PROCESO ELECTORAL MEXICANO, 2006–2012

SINOPSIS: Tras la reñida y muy disputada campaña presidencial de 2006, México enfrentó una crisis de credibilidad en la administración de sus elecciones. Un partido de la oposición amenazó con no reconocer la legitimidad del gobierno, alegando fraude y un trato injusto por parte de los medios de radiodifusión durante la campaña. Los legisladores de los tres partidos políticos más importantes de México convirtieron la crisis en una oportunidad para abordar problemas de larga data en el proceso electoral del país. Aprobaron un paquete de reforma según el cual se prohibió la compra de anuncios de campaña en radio y televisión y se posibilitó que los partidos políticos accedieran a tiempo de transmisión gratuito, lo que recortó las ganancias de la poderosa industria de radiodifusión mexicana. A raíz de la crisis de 2006, el presidente del Instituto Federal Electoral, Leonardo Valdés Zurita, y el Consejo General de dicha institución se vieron obligados a implementar reformas legislativas a fin de restaurar la confianza política en el organismo de gestión electoral. Para lograr esto, debieron afrontar el reto técnico de supervisar las señales de radiodifusión en todo el país, así como el reto político de obtener la conformidad por parte de una de las corporaciones más poderosas de México.

Rachel Jackson elaboró este estudio de caso sobre la base de entrevistas realizadas en la Ciudad de México en julio de 2013. Este estudio de caso del programa Innovaciones para Sociedades Exitosas (Innovations for Successful Societies, ISS) fue posible gracias al apoyo y a la colaboración del Instituto Tecnológico y de Estudios Superiores de Monterrey. El caso se publicó en junio de 2014.