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Election Obligations and Standards a Carter Center Assessment Manual

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Election Obligations and Standards a Carter Center Assessment Manual ELECTION OBLIGATIONS AND STANDARDS A CARTER CENTER ASSESSMENT MANUAL ELECTION OBLIGATIONS AND STANDARDS A CARTER CENTER ASSESSMENT MANUAL One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5100 www.cartercenter.org Contents Contents Foreword 8 Introduction 10 The Framework: Obligations and Constituent Parts of the Election 12 Obligations 13 Process-Focused Obligations 17 Overarching Obligation 15 Individual Rights and Freedoms 20 Foundational Obligations 15 The Parts of the Electoral Process 31 Legal Framework About the Organization of Subsequent Sections of This Manual 34 Section 1. Legal Framework Relevant Obligations 38 Postponement of Elections 46 International Human Rights Obligations Election Calendar and the Enjoyment and the Legal Framework 41 of Rights 46 Derogation of Obligations 42 Freedom From Discrimination in the Rule of Law and the Legal Framework 43 Legal Framework 47 State Authorities Responsible for Citizenship 48 Upholding Rights 44 The Legal Framework and Men and Authority and Responsibility of the Women 48 Electoral Management Body in Special Measures 49 Interpreting the Law 45 The Right to an Effective Remedy, Regularity of Elections 45 Including Challenging Election Results 50 Electoral System + Boundary Delineation Section 2. Electoral System and Boundary Delimitation Relevant Obligations 52 Freedom From Discrimination in the The Legal Framework for Electoral Electoral System and Boundary Systems and Boundary Delimitation 55 Delimitation Process 60 Oversight of Boundary Delimitation 57 Special Measures 60 Choice of the Electoral System 57 The Election Calendar and Enjoyment of Rights 62 Criteria for Boundary Apportionment 58 Right to an Effective Remedy 63 Citizen Participation in the Boundary Delimitation Process 59 2 Election Management Section 3. Election Management Relevant Obligations 64 Transparency in Electoral Management Body The Legal Framework and Election Decision Making and Procurement 71 Management 67 Anticorruption Policies Within the Electoral The Election Calendar and the Management Body 72 Enjoyment of Rights 68 Freedom From Discrimination and the Electoral Management Body Electoral Management Body 73 Responsibility for Protection of Rights 68 Special Measures 73 Independence and Impartiality of the Safety, Security, and the Electoral Electoral Management Body 69 Management Body 75 Recruitment of Electoral Freedom of Movement for Electoral Management Body Staff 70 Management Body Personnel 75 Training of Electoral Management Right to an Effective Remedy for Electoral Body Staff 71 Management Body Actions 75 Access to Information and Electoral Hearings by Impartial and Independent Voter Registration Management Body Documents 71 Tribunals 76 Section 4. Voter Registration Relevant Obligations 78 Voter Access to Registration Information 88 The Legal Framework and Privacy and Voter Registration 89 Voter Registration 81 Freedom of Movement for the Voter Registration and the Purposes of Voter Registration 89 Fulfillment of Human Rights 81 Transparency in Decision Making Citizenship 82 and Procurement in the Voter Voter Eligibility and Barriers Registration Process 90 to Registration 83 Voter Education on Voter Registration 90 Freedom From Discrimination in Partisan and Nonpartisan Observation the Voter Registration Process 84 of the Voter Registration Process 91 Special Measures 84 Voter Registration Activities by Voter Registration in Minority Languages 85 Civil Society 91 Accuracy of the List 86 Safety, Security, and Voter Registration 92 Transparency in Creating and Right to an Effective Remedy and Maintaining the Voter List 87 Voter Registration 92 Correction of Voter Registration Data 87 Contents 3 Voter Education Section 5. Voter Education Relevant Obligations 94 Provision of Voter Education by The Legal Framework and Civil Society and Political Parties 100 Voter Education 97 Freedom From Discrimination in The Election Calendar and the Voter Education 101 Enjoyment of Rights 97 Special Measures 102 Universal Suffrage, the Right to Vote, Partisan and Nonpartisan Observation and Voter Education 98 of Voter Education 103 The Content of Voter Education Right to an Effective Remedy Campaigns 98 and Voter Education 104 Provision of Voter Education by the Candidacy + Campaigning Electoral Management Body 99 Section 6. Candidacy and Campaigning Relevant Obligations 106 Freedom of Movement for Political The Legal Framework and Candidacy Candidates and Their Supporters 119 and Campaigning 109 Observation of the Campaign Period 120 Establishment, Regulation of, and Transparency and Access to Membership in Political Parties 110 Electoral Documents 120 Internal Party Policies 112 Right to an Effective Remedy for Candidature 112 Candidates and Parties 121 Independent Candidacy 113 Security of the Person for Candidates, Parties, and Their Supporters 121 Female Candidates 114 The Election Calendar and Equal Treatment of Candidates Enjoyment of Rights 122 and Parties 114 Regulation of Campaign Contributions 122 Special Measures 115 Public Funding for Election Campaigns 123 Equal Access to Public Places 117 Private Funding for Campaigns 124 Freedom of Opinion and Expression for Political Candidates and Campaign Expenditures 125 Their Supporters 117 Disclosure of Campaign Finances 125 Advocacy of Hatred and Incitement Misuse of State Resources 127 to Violence 118 Independent Body to Monitor Campaign Silence Period 118 Campaign Finances 128 Campaigning Without Interference 118 Sanctions for Campaign Finance Violations 129 4 The Carter Center ELECTION OBLIGATIONS AND STANDARDS MANUAL The Media Section 7. The Media Relevant Obligations 130 Voter Education and Debates 138 The Legal Framework and the Media 133 Access to Electoral Information 139 Pluralistic and Balanced Media 133 Protection of Sources 139 Independence of the Media 134 Freedom From Discrimination Independent Body to Regulate and the Media 140 Broadcasting During Elections 135 Private Media Regulations 141 Freedom of Expression and the Media 136 Free Airtime and Paid Advertising 141 Hate Speech and Incitement Freedom of Movement and the Media 142 to Violence 137 Safety, Security, and the Media 142 Defamation 137 Right to an Effective Remedy Opinion Polls 138 and the Media 143 Voting Operations Campaign Silence Period 138 Section 8. Voting Operations Relevant Obligations 144 Ballot Design and Voter Choice 154 Legal Framework for Voting Operations 147 Freedom of Movement and Citizenship 147 Voting Operations 155 The Right to Vote, and Partisan and Nonpartisan Observation Voting Operations 148 of Voting Operations 155 Facilitation of Voting 149 Access to Information and Electoral Documents 156 Polling Places Accessible to Voters with Disabilities 150 Election Calendar and the Enjoyment of Rights 157 Assisted Voting 151 Deterrence of Fraud 157 Proxy Voting 151 Prevention of Corruption and Secrecy of the Ballot 152 Voting Operations 158 Voting Technologies 152 Training for Election Officials 159 Freedom From Discrimination in Safety, Security, and Voting Operations 159 Voting Operations 153 Right to an Effective Remedy and Special Measures 153 Voting Operations 160 Contents 5 Vote Counting + Tabulation Section 9. Vote Counting and Tabulation Relevant Obligations 162 Partisan and Nonpartisan Observation Legal Framework and Vote of Vote Counting and Tabulation 170 Counting and Tabulation 165 Protection of Ballot Secrecy 171 The Election Calendar and Freedom of Movement and Enjoyment of Rights 165 Vote Counting and Tabulation 172 Counting Cast Ballots 166 Safety, Security, and Vote Counting Determining Voter Intent 166 and Tabulation 172 Safeguards to Prevent Falsification Training of Polling and Counting of Ballots 167 Workers 173 Prevention of Corruption in Right to an Effective Remedy and Vote Counting 167 Vote Counting and Tabulation 173 Transparency in the Reporting, Respect for the Results of Transmission, and Publishing of Genuine Elections 174 Electoral Dispute ResolutionElection Results 168 Section 10. Electoral Dispute Resolution Relevant Obligations 176 Transparent Dispute Resolution The Legal Framework and Processes 181 Dispute Resolution 179 Right to a Fair and Public Hearing by an The Election Calendar and Impartial and Independent Tribunal 182 Enjoyment of Rights 180 Right to an Effective Remedy, Including Freedom From Discrimination and Challenging Results 183 Electoral Dispute Resolution 180 Safety, Security, and Electoral Dispute Resolution 185 6 The Carter Center ELECTION OBLIGATIONS AND STANDARDS MANUAL Appendix A: Public International Law: Sources and Background on Authoring Organizations 186 Why Public International Law? 186 Judicial Decisions and Interpretation Sources of Public International Law 187 of Treaties 190 Treaties 188 Customary International Law 190 Appendix B: Background Information on Select Authoring Organizations, Treaty Monitoring, and Enforcement Mechanisms 192 The United Nations 192 League of Arab States 200 African Union 196 Organization of American States 201 Commonwealth of Independent States 197 Organization for Security and Council of Europe 198 Cooperation in Europe 202 Economic Community of West Southern African Development African States 199 Community 203 Appendix C: Illustrative Questions for Data Collection 204 1. Legal Framework 204 6. Candidacy and Campaigning 229 2. Electoral System and 7. The Media 238 Boundary Delimitation 208 8. Voting Operations 244 3. Election Management 212 9. Vote Counting and Tabulation 252 4. Voter Registration 217 10. Electoral Dispute Resolution 258 5. Voter
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