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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.

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.

Ylli Manjani

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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.

Full Audio File Size
86MB
Full Audio Title
Ylli Manjani Interview

Attahiru Jega

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Focus Area(s)
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6
Country of Reform
Interviewers
Laura Bacon
Name
Attahiru Jega
Interviewee's Position
Chairman
Interviewee's Organization
Independent National Election Commission
Language
English
Nationality of Interviewee
Nigerian
Place (Building/Street)
Wilson Center
Town/City
Washington, DC
Country
Date of Interview
Reform Profile
No
Abstract
Professor Attahiru Jega describes his work with Nigeria’s Independent National Electoral Commission (INEC). When he and the new commission began their work, they introduced a system of checks and balances to reduce corruption among INEC staff. The commissioners created a culture of following the rules through their own example as well as through rewards and punishments. Good compensation and insurance for the hazards of their jobs served as motivation for INEC staff to follow the rules governing their conduct. If staff members were found guilty of misconduct through due process, commissioners did not hesitate to punish them as guidelines permitted. Jega describes the role of the six advisors he brought in to support his work as chairman. He explains the importance of party consultative mechanisms. To improve dialogue between the election management body and political parties, the commission established the Inter-Party Advisory Council (IPAC). IPAC served as a common platform for parties to share ideas and engage on electoral issues. INEC also had periodic meetings with all of the parties, including meetings to review and sign the code of conduct governing party behavior. Established prior to the 2007 elections, the code was reviewed with party input prior to the 2011 elections and will be updated again prior to 2015. In regards to ensuring election security, Jega says he found that visible security, such as unarmed policemen at polls or aerial surveillance by air force, reassured the electorate and made people comfortable to come out and vote. Jega describes Nigeria’s unique open secret ballot system under which voters are accredited early in the day and then everyone votes at the same time. This system, modified from a system created in 1992, prevents people from moving between polling places in order to vote multiple times. Poll workers then count votes immediately at each polling place, a process voters can stay and watch if they want, further increasing credibility. The commission also implemented reforms in INEC itself, trimming the structure and aligning people with the right jobs. At the end of the interview, Jega describes the lessons African countries have shared, stressing Nigeria’s use of open source technology for voter registration and the importance of security in the Nigerian and African contexts. He concludes by looking ahead to how the commission can keep raising the bar. 
 
Profile

Professor Attahiru Jega was chairman of Nigeria’s Independent National Electoral Commission (INEC), to which he was appointed in 2010. He had also served on the Justice Muhammed Lawal Uwais Electoral Reform Committee. Prior to his appointment, Professor Jega was the Vice Chancellor of Bayero University, Kano, where he also served as a professor of political science. He previously served as the national president of the Academic Staff Union of Universities. He is a recipient of the Officer of the Federal Republic (OFR) award from Nigeria’s Federal Government and the founding director of the Centre for Democratic Research and Training, “Mambayya House.” He earned his doctorate in political science from Northwestern University and his bachelor’s of science in political science from Bayero University College, Kano. 

Full Audio File Size
33 MB
Full Audio Title
Attahiru Jega Interview

Organizing the First Post-Apartheid Election, South Africa, 1994

Author
Amy Mawson
Country of Reform
Internal Notes
1.4.13 corrected ANC name in text.
Abstract

South Africa's Independent Electoral Commission faced a daunting task in January 1994.  The newly established body had less than four months to organize and implement the country's first fully inclusive democratic elections.  The stakes were high.  A successful vote would signal a new beginning for the nation after the apartheid era.  Failure could mean civil war.  Choosing suitable polling sites, dealing with parties' distrust, reaching alienated and possibly hostile communities,  addressing potential spoiler issues and remedying shortages of electoral materials posed formidable challenges.  The commission's difficulties snowballed.  In the end, however, all parties accepted the election results and the Government of National Unity went ahead as planned.  The elections offer an example of how an electoral commission can sustain political will-of parties and the public-to overcome administrative shortcomings in extremely sensitive circumstances.  The case study discusses location of polling stations, temporary polling facilities, candidate access, ballots and ballot counting.

Amy Mawson drafted this case study on the basis of interviews conducted in Pretoria and Johannesburg, South Africa, in February 2010. To learn more about the second post-apartheid elections in South Africa, see "Using Conflict Management Panels to Resolve Tension in the Second Post-Apartheid Election." 

Associated Interview(s):  Johann Kriegler, Howard Sackstein, Benedict van der Ross

Restoring Voters' Trust and Confidence: Albania's Central Election Commission, 2001-2006

Author
Michael Scharff
Country of Reform
Abstract

When he became head of Albania's Central Election Commission in February 2001, Ilirjan Celibashi faced a difficult task. Three years earlier a new constitution enshrined the commission as a non-political body charged with overseeing Albania's historically troubled elections. The permanent commission aimed to promote bipartisan cooperation and restore trust in the political system after violence gripped Albania's capital, Tirana, in the wake of 1996 national elections that the international community labeled as fraudulent.  During its first three years, the commission failed to achieve substantial reforms largely because of the partisan leadership of its chairman. When Celibashi, a former lawyer and judge, took over as head of the CEC, he had to overcome a highly politicized environment, and he set out to enact reforms to restore confidence in the commission and the electoral process. His reforms concentrated on four priority areas: staffing the CEC with competent people, ensuring transparency for the commission's activities, assembling voter lists and overseeing local election commissioners. In 2008, the political parties removed the commission from the constitution and reinstated it as a political body, erasing most of Celibashi's reforms. The case provides insight into how and why a window of opportunity opened for reform, explores how an individual was able to enact changes in a highly politicized environment and considers reasons why the changes were short-lived.   

Michael Scharff drafted this case study with the help of Amy Mawson on the basis of interviews conducted in Tirana, Albania, in June 2010. 

Associated Interview(s):  Petrit Gjokuta, Kathleen Imholz, Ylli Manjani

Keeping the Peace in a Tense Election, Ghana, 2008

Author
Lucas Issacharoff
Country of Reform
Abstract

In 2008, Ghana held a peaceful run-off in a hotly contested presidential race, breaking the pattern of violence that had afflicted elections in Nigeria, Kenya, Zimbabwe and several other African countries during the same period.  Since the advent of multi-party democracy in 1992, Ghana had held three consecutive elections that observers regarded as relatively free and fair. However, the 2008 presidential race generated concern. Previous elections had revealed substantial ethnic block voting, raising allegations of misbehavior by the two major parties both during the campaign and on polling day. Tensions were increased further in 2008 by the closeness of the initial ballot, which forced the country's first run-off in which the outcome was genuinely uncertain. This case study analyzes the measures taken by the Electoral Commission and other bodies to reduce the likelihood of violence, including an emphasis on transparency as a way to build trust.  With the help of other groups, the commission also organized a system for identifying potential trouble spots, mediating, and building cooperation.  In large part because of these efforts, Ghanaians experienced a peaceful transfer of power.

Lucas Issacharoff drafted this case study with the help of Daniel Scher on the basis of interviews conducted in Accra, Ghana, in January 2010 and using interviews conducted by Ashley McCants and Jennifer Burnett in August 2008. 

Associated Interview(s): Kwadwo Afari-GyanAlbert Kofi Arhin​, Vincent Crabbe, Ransford Gyampo

Compromise and Trust-Building After Civil War: Elections Administration in Mozambique, 1994

Author
Amy Mawson
Country of Reform
Abstract
Mozambique’s first multiparty presidential and parliamentary elections in October 1994 followed 16 years of civil war. Because neither side had won the conflict, the stakes of the contest were high. Mutual distrust characterized the run-up to the vote. A new electoral law in early 1994 created a multiparty election commission that forced the parties to work together on overcoming the many operational challenges of running elections in a sprawling country severely damaged by war. The commission succeeded in damping the risks of violence that are often associated with competitive elections in such situations, building consensus among members of different political parties. When the election results were announced, all parties accepted them. However, Mozambique struggled after 1994 to overcome the legacy of the institutional arrangements forged during the peace process. The country’s problems demonstrate the challenges that post-conflict countries face in designing processes and procedures to meet the immediate goal of maintaining peace while serving the longer-term aim of developing mature democratic institutions. This memo examines the 1994 elections and the impact that the initial design of the election commission had on subsequent elections. 
 
Amy Mawson drafted this case study based on interviews conducted in Maputo, Mozambique, in January 2010. Case published October 2010.
 
Associated Interview(s):  Miguel de Brito, Ismael Valigy

Nurturing Democracy in the Horn of Africa: Somaliland's First Elections, 2002-2005

Author
Richard Bennet and Michael Woldemariam
Country of Reform
Abstract
A decade after the former British protectorate of Somaliland severed ties with the rest of Somalia and declared independence, the fledgling state took the next steps toward democracy by holding direct elections. This transition occurred over the course of four years and three elections, during which the people of Somaliland elected district councils in 2002, a president and vice president in 2003, and a parliament in 2005. Somaliland’s democratic elections, the first in the Horn of Africa since 1969, were landmark achievements, as traditional social and political mechanisms legitimized the results and reinforced stability in the aftermath. The inexperienced and under-resourced National Electoral Commission successfully navigated the development of political parties, avoided the potential for violence when the margin of victory in the presidential election was only 80 votes, and managed an improved parliamentary election by introducing innovations that made the electoral process operate more smoothly. By avoiding violence and building consensus for peaceful, democratic transitions, Somaliland’s first elections highlighted a mix of traditional and democratic innovations conducted in a resource-poor environment.
 
Richard Bennet and Michael Woldemariam drafted this policy note on the basis of interviews conducted in Somaliland during October 2010. For a detailed look at the establishment of civilian government in Somaliland from 1991 to 2001, see the companion case study, “Navigating a Broken Transition to Civilian Rule.”
 
Associated Interview(s):  Adan Yusuf Abokor, Shukri Ismail, Mohamed Fadal

Cooling Ethnic Conflict Over a Heated Election: Guyana, 2001-2006

Author
Varanya Chaubey, Amy Mawson, Gabriel Kuris
Country of Reform
Abstract
On 28 August 2006, Guyana held its most peaceful election in decades. In previous polls, inefficiencies in the electoral process had fueled rumors of electoral fraud by the ruling party, inflaming violent tensions between Guyana’s two main ethnic groups, the Indo-Guyanese and Afro-Guyanese. Ethnicity and party affiliation had long been linked in Guyanese politics. In the run-up to the 2006 vote, the elections commission, international donors and civil society groups worked together to thwart election-related violence. The commission rebuilt trust in the voter registry, decentralized administrative processes, improved field communications and better coordinated security plans. Recognizing the media’s role in fomenting violence, the commission established a Media Monitoring Unit and urged media outlets to cooperate to draft and abide by a new voluntary code of conduct. At the same time, civil society groups instituted a series of peace-building initiatives that included high-level dialogues and grassroots forums. These efforts helped ensure a free and fair election, with results accepted by all parties. Although violence reemerged in 2008, these reforms provided a foundation for renewed counter-efforts before the 2011 elections. This case offers insights to reformers seeking to break the cycle of electoral violence in ethnically divided societies.  
 

Varanya Chaubey drafted this case study with the help of Amy Mawson and Gabriel Kuris on the basis of interviews conducted in Georgetown, Guyana, in May 2009. Case published September 2011.

Associated Interview(s):  Robin Campbell,  Kwadwo Afari-Gyan, Calvin Benn, Gocool Boodoo, Remington Eastman, Rupert Roopnaraine, Steve Surujbally