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.

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.

Ylli Manjani

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Q
Focus Area(s)
Ref Batch Number
1
Country of Reform
Interviewers
Michael Scharff and Amy Mawson
Name
Ylli Manjani
Language
English/Spanish
Nationality of Interviewee
Albanian
Place (Building/Street)
Gjergji Center
Town/City
Tirana
Country
Date of Interview
Reform Profile
No
Abstract
Ylli Manjani discusses the aim of establishing the Albanian Central Election Commission (CEC) as a constitutional, non-political, body with a clear mandate and immunity.  Manjani goes on to discuss the establishment of a single electoral code as a legal framework for local, parliamentary and national elections.   He cites the involvement of civil society, particularly the Soros Foundation, as well as intergovernmental organizations such as the International Foundation for Electoral Systems (IFES), the Organization for Security and Cooperation in Europe (OSCE), and the Council of Europe as advisors to the committees charged with the design of the CEC and the electoral code.   Manjani discusses challenges with voter registration stemming from the lack of credible civil registries and the resultant duplicate voting. Although Manjani expresses disappointment with what he sees as a step backwards in the politicization of the CEC’s composition, he notes improvement in the area of voter registration, for which he largely credits Ilirjan Celibashi as Chairman of the CEC. Brief mention is made of the role of the police in the security surrounding elections, specifically the government’s decision to keep the police out of polling stations unless invited in by the election commissioners.
 
Profile

At the time of this interview, Ylli Manjani was a legal program assistant with the Institute for Policy and Legal Studies (IPLS), designing and co-managing the IPLS legal policy program and its various projects.  Previous to this position he served as the secretary general of the Council of Ministers and legal adviser to the Albanian Prime Minister.  In this interview, he speaks largely to his work in 1999-2000 as adviser to the Minister for Legislative Reform and later on as head of the Approximation of Legislation Department in the Council of Ministers.  A lawyer by training, Manjani went on to become the deputy minister of Public Work and Transport in Albania.

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86MB
Full Audio Title
Ylli Manjani Interview

Magnus Öhman

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A
Focus Area(s)
Ref Batch Number
9
Country of Reform
Interviewers
Ashley McCants
Name
Magnus Öhman
Interviewee's Position
Country Director, International Foundation for Electoral Systems
Interviewee's Organization
Sierra Leone
Language
English
Town/City
Freetown
Country
Date of Interview
Reform Profile
No
Abstract

Magnus Öhman discusses Sierra Leone’s 2007 elections.  He explains the considerations necessary during election sequencing, the current legal and constitutional framework for elections in Sierra Leone, and the various successes and challenges of Sierra Leone’s recent elections.  He describes the responsibilities of the National Electoral Commission, the legal framework that governs it, and its successes and challenges.  He also explains the training of poll workers, the boundary delimitation process, voter registration, and the various safeguards against fraud during both registration and voting.  Öhman also touches on the development of political parties in Sierra Leone, problems with the involvement of donor countries and international organizations, and the role of the media in elections.    

Case Study:  Mediating Election Conflict in a Bruised Society: Code of Conduct Monitoring Committees in Post-War Sierra Leone, 2006-2012

Profile

At the time of this interview, Magnus Öhman was the country director of the International Foundation for Electoral Systems in Sierra Leone, a position he had held since 2007.  Öhman began working with IFES in 2005, after receiving a doctorate in political science from the University of Uppsala in Sweden.  He worked on political-party and campaign-finance issues from the 1990s, with a focus on disclosure processes, public funding systems and sustainable solutions.  He worked with political finance initiatives in a series of countries including Afghanistan, Armenia, Georgia, Indonesia, Liberia, Lebanon, Nigeria, Sudan and Zimbabwe.  He was the lead author of the political-finance module in the BRIDGE curriculum, considered the industry standard on training in elections, democracy and governance.

Full Audio File Size
77 MB
Full Audio Title
Magnus Ohman - Full Interview

Bhojraj Pokharel

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ZH
Focus Area(s)
Ref Batch Number
3
Country of Reform
Interviewers
Rushda Majeed
Name
Bhojraj Pokharel
Interviewee's Position
Chief Elections Commissioner
Interviewee's Organization
Election Commission of Nepal
Language
English
Nationality of Interviewee
Nepal
Town/City
Kathmandu
Country
Date of Interview
Reform Profile
No
Abstract

Bhojraj Pokharel, who served as Chief Election Commissioner of the Election Commission of Nepal between 2006 and 2008, speaks about his experiences in developing procedures for, and overseeing the conduct of, the historic 2008 national elections. Pokharel, who had a long career in public service in Nepal prior to being appointed Chief Election Commissioner, explains in this interview that at the time of his appointment, “there was…nothing in place technically, legally or conceptually.” Only the most basic parameters as to how the elections were to be conducted were set forth in Nepal’s governing constitution; every other detail was left to Pokharel, and Nepal’s government, to resolve. At the time of Pokharel’s appointment, the constitutionally-mandated election day was only months away and the challenges were enormous. For example,  before any planning could occur, an interim parliament had to pass laws giving basic guidance as to election procedures. Yet the political leaders were unable to reach timely agreements on important points in the legislation. Also immediate, and critical, was the need to bring the Maoists, who had been actively involved in civil strife for the previous ten years and who had never before been involved in conventional politics, into the election process. Pokharel managed to persuade the Maoists to participate fully in the election process, and to stay involved through a host of challenges that, at many points, threatened to make any sort of representative election impossible. Next, the methodology of preparing voter lists had to be decided upon, and eligibility determined. Staff willing to work in remote, strife-torn areas had to be found and trained, and their security assured. Ballot forms and voter education materials had to be developed and printed. Once printed, these materials had to be disseminated, so reliable means of transporting them to, and ensuring their integrity in, remote, strife-torn areas and areas that lacked electricity, transport, and other essentials had to be arranged. Pokharel describes his frustrations as these challenges prevented the conduct of the election on the first, constitutionally-mandated date in June 2007, and as still more challenges forced another postponement of the rescheduled date in November of that year. At one point, he recalls, he actually prepared his resignation, though ultimately he chose to withdraw it. Finally, he describes his pride, and the pride of the Nepalese people, as the election ultimately occurs in 2008, in an atmosphere largely free of violence and other disruptions.

Case Study: Managing the Political and Practical: Nepal's Constituent Assembly Elections, 2006-2008

Profile

Bhojraj Pokharel was the Chief Election Commissioner of the Election Commission of Nepal between 2006 and 2008. In this capacity, he developed procedures for, and oversaw the conduct of, the historic 2008 elections for the national Constituent Assembly. Prior to becoming Chief Election Commissioner, he held various government posts including at Nepal’s ministries of health, home affairs and local government. After the votes were counted, Pokharel resigned his position and pursued graduate study at the John F. Kennedy School of Government at Harvard University. In 2010, the Secretary-General of the United Nations appointed Pokharel to a panel charged with monitoring self-determination referenda for Southern Sudan and the Abyei area, making Pokharel the first Nepali to hold such a high ranking position for the United Nations.

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