Nr. 3(11)/2015 Expert electoral Revistă de studii, analize și cercetări electorale editată de Autoritatea Electorală Permanentă Publicație trimestrială

ISSN (print): 2286-4385 ISSN (online): 2393-3143 ISSN (L): 2286-4385

Consiliul științific: Profesor emerit Rafael López-Pintor – Universitatea Autonomă din Madrid Dr. Pierre Garrone – șeful Diviziei „Alegeri și referendumuri”, Secretariatul Comisiei de la Veneția Prof. univ. dr. Ioan Alexandru – Școala Națională de Studii Politice și Administrative Prof. univ. dr. Septimiu Chelcea – Facultatea de Sociologie și Asistență Socială, Universitatea București Prof. univ. dr. Ştefan Deaconu – Facultatea de Drept, Universitatea București Prof. univ. dr. Cristian Ionescu – Școala Națională de Studii Politice și Administrative Prof. univ. dr. Ioan Vida – Școala Națională de Studii Politice și Administrative Prof. univ. dr. Irina Moroianu Zlătescu – Școala Națională de Studii Politice și Administrative Conf. univ. dr. Sergiu Mişcoiu – Facultatea de Studii Europene, Universitatea Babeş-Bolyai Cercetător științific doctor Aristide Cioabă – Academia Română Cercetător științific doctor Constantin Nica – Academia Română Președinte Autoritatea Electorală Permanentă – Ana Maria Pătru Vicepreședinte Autoritatea Electorală Permanentă – Dan Vlaicu Vicepreședinte Autoritatea Electorală Permanentă – Constantin-Florin Mitulețu-Buică Secretar general Autoritatea Electorală Permanentă – dr. Csaba Tiberiu Kovacs

Consiliul editorial: Cristian Petraru – șeful Departamentului de organizare a proceselor electorale Cristian-Alexandru Leahu – director, Direcția legislație, legătura cu Parlamentul și contencios electoral Iulian Ivan – director, Direcția control electoral, instruire și coordonarea activității în teritoriu Daniel Duță – director, Direcția management, monitorizare și logistică electorală

Colegiul redacțional: Oana Iancu – consilier, Direcţia management, monitorizare şi logistică electorală Asist. univ. dr. Alexandra Iancu – consilier, Direcţia management, monitorizare şi logistică electorală Loredana Luca – consilier, Direcţia control electoral, instruire şi coordonarea activităţii în teritoriu Bogdan Fartuşnic – consultant, Direcția legislaţie, legătura cu Parlamentul şi contencios electoral

DTP: Monitorul Oficial

Redactor-șef – Daniel Duţă Redactor șef-adjunct – Dr. Andrada-Maria Mateescu

Autoritatea Electorală Permanentă Str. Stavropoleos nr. 6, sector 3, București [email protected]; [email protected] Tel/Fax: (021)310.13.86 www.roaep.ro Următorul număr al revistei Expert electoral va apărea în decembrie 2015.

Opiniile exprimate în această publicație aparțin în exclusivitate autorilor și nu angajează Autoritatea Electorală Permanentă

SUMAR

Studii, analize și comentarii Ana Maria PĂTRU – Autoritatea Electorală Permanentă – Realizări și provocări ...... 3 Dieter NOHLEN – Arhitectură instituțională, context sociocultural și integritate electorală ... 13 Paul DEGREGORIO – Dăruind mai departe: tânăra Autoritate Electorală din România face diferența în lume ...... 19 Deyanira A. GALINDO RODRÍGUEZ, Stephanny CABRAL CARRILLO – Sistemul politic din Mexic și tranziția la democrație prin intermediul reformelor electorale. Un bilanț al procesului electoral din 2015 ...... 29 Samuel Olugbemiga AFOLABI, Maryam Omolara OUADRI – Viteză fără mișcare: administrația electorală într-o democrație emergentă – Cazul Nigeriei ...... 43 Miruna Andreea BALOSIN – Lobby și fi nanțarea partidelor politice românești ...... 57

Recenzii evenimente Președintele Autorității Electorale Permanente, Ana Maria Pătru, lider al Asociației Mondiale a Organismelor Electorale din 2017 ...... 63 Revista „Expert electoral”, recunoscută drept Knowledge-Hub pentru experții electorali ...... 65

SUMMARY

Studies, analysis and opinions Ana Maria PĂTRU – Permanent Electoral Authority – Achievements and Challenges ...... 3 Dieter NOHLEN – Institutional Architecture, Sociocultural Context and Electoral Integrity .... 13 Paul DEGREGORIO – Paying it Forward: Romania’s Young Election Authority Makes a Difference in the World ...... 19 Deyanira A. GALINDO RODRÍGUEZ, Stephanny CABRAL CARRILLO – Mexico’s Political System and Its Democratic Transition Through Electoral Reforms. An Assessment of the 2015 Electoral Process ...... 29 Samuel Olugbemiga AFOLABI, Maryam Omolara OUADRI – Speed Without Motion: Election Administration in an Emerging Democracy – The Case of Nigeria ...... 43 Miruna Andreea BALOSIN – Lobbying and Romanian Party Financing ...... 57

Events review The President of the Permanent Electoral Authority, Ana Maria Pătru, Leader of the Association of World Elections Bodies from 2017 ...... 63 “Electoral Expert” Review, Recognized as a Knowledge-Hub for Electoral Experts ...... 65 AUTORITATEA ELECTORALĂ PERMANENTĂ – REALIZĂRI ȘI PROVOCĂRI

Ana Maria PĂTRU Președintele Autorității Electorale Permanente

Anul 2015 a adus cu sine două mari Implementarea acestor proiecte, realizări pentru Autoritatea Electorală Per- organizarea, în anul 2016, a alegerilor ma nentă. Aceasta și-a consolidat în plan locale și a alegerilor parlamentare sunt intern statutul de unică autoritate de mana- teste deosebit de grele și de importante gement electoral, iar în plan extern și-a pentru Autoritatea Electorală Permanentă câștigat un binemeritat loc în topul orga- și, de aceea, le vom trata cu maximă nismelor internaționale similare, preluând, responsabilitate. din anul 2017, președinția Asociației Mondi- În plan extern, cel mai mare succes ale a Organismelor Electorale (A-WEB). reputat în anul 2015 este faptul că Autori- Autoritatea Electorală Permanentă tatea Electorală Permanentă a fost desem- și-a consacrat, în anul 2015, în plan intern, nată să preia, din 2017, președinția Asocia- statutul de organism de management ției Mondiale a Organismelor Electorale electoral care are misiunea de a asigura (A-WEB), organizație din care fac parte organizarea şi desfăşurarea alegerilor şi organisme de management electoral din a referendumurilor, precum şi fi nanţarea peste 100 de țări de pe cinci continente. partidelor politice şi a campaniilor elec- Astfel, cea de-a III-a Adunare torale, cu respectarea Constituţiei, a legii şi Generală a A-WEB se va desfășura, în 2017, a standardelor internaţionale şi europene în la București, odată cu preluarea președinției materie. acestui organism internațional de către O serie de proiecte mai vechi ale România. Aceasta va fi un veritabil summit noastre, pe care le-am gândit mereu pentru electoral, la care vor participa președinți ai a fi în slujba alegătorilor, se vor concretiza organismelor de management electoral din în urma îmbunătățirii cadrului legislativ: întreaga lume, experți în domeniul electoral, informatizarea secțiilor de votare, înfi ințarea un eveniment care va spori vizibilitatea corpului experților electorali și extinderea de care benefi ciază țara noastră la nivel Registrului electoral prin înscrierea alegă- internațional. torilor români cu domiciliul sau reșe dința în Recunoașterea internațională de care străinătate. se bucură în prezent AEP este rezultatul

3 Expert electoral nr. 3/2015

efi cienței cu care Autoritatea și-a intensifi cat necesare pentru organizarea de alegeri relațiile cu organismele similare din întreaga corecte, transparente și participative. lume, ajungând să fi e cotată internațional Pentru atingerea obiectivelor sale, ca un organism de management electoral Autoritatea Electorală Permanentă îşi va profesionist, un furnizor apreciat de expertiză desfășura activitatea, ca și până acum, și asistență electorală. cu respectarea principiilor independenţei, AEP este o instituție independentă im par ţialităţii, legalităţii, transparenţei, politic și concentrată pe aspectele tehnice efi ci enţei, profesionalismului, responsabili- ale procesului electoral, care are la tăţii, sustenabilităţii, predictibilităţii şi legiti- dispoziție, din punctul de vedere al expertizei mităţii. și al experienței acumulate, instrumentele

ESTE ABSOLUT NECESAR CA ROMÂNIA SĂ AIBĂ O SINGURĂ LEGE ELECTORALĂ

În anul 2015, legislativul a făcut nr. 215/2001, precum şi pentru modifi carea pași importanți în ceea ce privește reforma şi completarea Legii nr. 393/2004 privind electorală, acordând noi prerogative și Statutul aleşilor locali. responsabilități Autorității, ceea ce este, în De asemenea, Senatul și Camera fapt, o reconfi rmare a efi cienței activității Deputaților au modifi cat prevederile Legii noastre în domeniul managementului elec- nr. 334 din 17 iulie 2006 privind fi nanţarea toral, atât în timpul perioadelor electorale, cât activităţii partidelor politice şi a campaniilor și în anii în care nu se organizează scrutine. electorale, atribuțiile AEP fi ind sporite Astfel, în numai un an, Parlamentul substanțial. a adoptat o serie de acte normative deosebit AEP salută toate aceste modifi cări de importante din domeniul electoral: Legea legislative, care nu ar fi fost posibile fără nr. 208 în 20 iulie 2015 privind alegerea determinarea clasei politice și a legislativului Senatului şi a Camerei Deputaţilor, precum şi de a face pași importanți pentru o reală pentru organizarea şi funcţionarea Autorităţii reformă electorală în România. Menționez că Electorale Permanente, Legea nr. 115 din Autoritatea a participat activ şi profesionist, 19 mai 2015 pentru alegerea autorităţilor acordând consultanţa de specialitate necesară administraţiei publice locale, pentru modi- elaborării acestor proiecte legislative, ceea ce fi carea Legii administraţiei publice locale va face și în continuare.

4 Expert electoral nr. 3/2015

Țin să reafi rm însă că este absolut Comisia Europeană pentru Democraţie necesar ca România să aibă o singură lege prin Drept (Comisia de la Veneţia), de electorală, care să reglementeze organizarea Curtea Constituţională şi de organizaţiile și desfășurarea alegerilor, indiferent de tipul neguvernamentale care activează pentru acestora. respectarea drepturilor electorale, asigurarea Codifi carea legilor electorale aduce cu egalităţii de şanse în competiţia politică, sine stabilitatea și predictibilitatea cadrului pentru democrație și stat de drept. legislativ și este binevenită atât pentru Pentru codifi carea legilor electorale, cetățeni, care vor înțelege mai bine procesul Autoritatea Electorală Permanentă pune electoral și vor avea mai multă încredere în la dispoziția decidenților din Parlament buna desfășurare a acestuia, cât și pentru întreaga sa experiență și expertiză tehnică instituțiile implicate în organizarea alegerilor, în domeniu, acumulate în cei peste zece ani care sunt chemate să aplice prevederile legale de la înfi inţare, perioadă în care instituția în domeniu. noastră și-a dezvoltat permanent capacitatea Unifi carea legislaţiei electorale prin administrativă și și-a consolidat rolul de codifi carea acesteia este recomandată de integrator al operaţiunilor electorale.

Apreciem că ar fi deosebit de util ca, substanțial vechile prevederi legale și era încă din toamna acestui an, să fi e demarate așteptată de alegătorii români din țară și din dezbateri ample și întâlniri de lucru privind diaspora, precum și de societatea civilă. codifi carea legilor electorale, la care să Această lege aduce noi provocări participe parlamentari, membrii Comisiei pentru tânăra, dar experimentata echipă comune a Camerei Deputaților și a Senatului, a AEP: informatizarea secțiilor de votare reprezentanți ai Guvernului, ai AEP, în la alegerile parlamentare din 2016 și calitatea sa de organism de management implementarea Sistemului informatic de electoral, ai tuturor ministerelor cu atribuții în organizarea și desfășurarea alegerilor, monitorizare a prezenţei la vot şi de prevenire precum și ai societății civile. a votului ilegal, selectarea și instruirea operatorilor de calculator. Informatizarea secțiilor de Enumerarea poate continua menți- votare la alegerile din 2016 previne onând extinderea Registrului electoral prin votul ilegal includerea alegătorilor români cu adresa de domiciliu sau de reședință din străinătate, Legea privind alegerea Senatului votul pe liste electorale permanente în şi a Camerei Deputaţilor îmbunătățește diaspora, constituirea și pregătirea corpului

5 Expert electoral nr. 3/2015 experților electorali, precum și înfi ințarea centrale şi locale, precum şi de unităţile de Centrului „Expert Electoral”. învăţământ. La alegerile locale şi parlamentare din Misiunea cea mai difi cilă în procesul anul 2016 va fi utilizat în premieră în România de informatizare va fi selectarea și instruirea un sistem informatic de monitorizare a celor 30.000 de operatori de calculator, care prezenţei la vot şi de prevenire a votului trebuie să opereze în sistemul informatic ilegal. în cadrul birourilor electorale ale secțiilor Alegătorii vor fi cei mai importanți de votare, în cele peste 18.550 de secții benefi ciari ai informatizării: va creşte de votare, cât se estimează a fi organizate viteza procesului de votare și transparenţa atât la alegerile locale, cât şi la alegerile acestuia, orice tentativă de vot multiplu va fi parlamentare din anul 2016, în țară. împiedicată, iar informațiile privind prezența Autoritatea Electorală Permanentă va la vot a alegătorilor vor fi disponibile în timp lansa o campanie de informare a cetățenilor real. cu drept de vot pentru a-i convinge să ia parte Îi asigurăm pe alegători că prelucrarea la acest proiect important pentru desfășurarea datelor cu caracter personal se va face cu unor alegeri democratice și corecte în stricta respectare a legii și că aceste informații România. nu vor fi făcute publice sub nicio formă. Trebuie să găsim persoane califi cate Sistemul informatic de monitorizare care să dorească să se implice în acest proiect, a prezenţei la vot şi de prevenire a votului precum și resursele fi nanciare necesare ilegal va semnala și dacă persoana care s-a motivării acestora, operatorii de calculator prezentat la vot a împlinit vârsta de 18 ani ai birourilor electorale ale secţiilor de votare până în ziua votării inclusiv, şi-a pierdut benefi ciind, potrivit legii, de o indemnizaţie drepturile electorale, este arondată la altă stabilită prin hotărâre a Guvernului. secţie de votare sau este omisă din lista Următoarea etapă, deosebit de electorală permanentă şi are domiciliul în importantă, va fi cea a pregătirii operato- raza teritorială a secţiei de votare. rilor de calculator în secţiile de votare. Potrivit rezultatelor generate de AEP va organiza programe de instruire Sistemul informatic, a comunicărilor făcute şi formare profesională în domeniul elec- prin intermediul său şi a verifi cării actului de toral pentru aceștia, împreună cu Serviciul identitate, preşedintele biroului electoral al de Telecomunicații Speciale și Institutul secţiei de votare îi va opri să voteze pe cei Național de Statistică, cu sprijinul logistic care nu au acest drept. al prefecților, primarilor și președinților Autoritatea Electorală Permanentă, consiliilor județene. cu sprijinul Serviciului de Telecomunicaţii Va fi necesar, în acest context, ca AEP Speciale şi al Institutului Naţional de Statis- și celelalte instituții implicate în implemen- tică, va asigura implementarea şi gestionarea tarea Sistemului informatic de monitorizare Sistemului informatic de monitorizare a a prezenţei la vot şi de prevenire a votului prezenţei la vot şi de prevenire a votului ilegal să benefi cieze de suplimentarea buge- ilegal, pe baza datelor şi informaţiilor din telor pentru a putea acoperi cheltuielile pentru Registrul electoral, Registrul secţiilor de instruirea operatorilor de calculator. votare şi listele electorale complementare. Pentru implementarea și gestionarea AEP va asigura managementul Sistemului informatic de monitorizare a proiectului şi resursa umană, iar Serviciul prezenței la vot și de prevenire a votului ilegal, de Telecomunicaţii Speciale va pune la Autoritatea Electorală Permanentă a inițiat, dispoziţie partea tehnică a sistemului infor- cu sprijinul Serviciului de Telecomunicații matic, software-ul necesar, și va asigura Speciale și al Institutului Național de achiziționarea echipamentelor hardware, Statistică, un proiect de memorandum ce după evaluarea infrastructurii informatice urmează a fi supus aprobării Guvernului, prin deţinute de autorităţile administraţiei publice care sunt propuse o serie de măsuri tehnico-

6 Expert electoral nr. 3/2015 organizatorice, precum și un calendar de Înscrierea alegătorilor români acțiuni care trebuie să fi e realizate până din diaspora în Registrul electoral – la scrutinul pentru alegerea autorităților esențială pentru buna desfășurare a administrației publice locale din anul 2016. votului în străinătate Pentru ca Sistemul informatic de monitorizare a prezenţei la vot şi de pre- O altă provocare majoră pentru venire a votului ilegal să fi e implementat și Autoritatea Electorală Permanentă este să funcționeze cu succes, am propus să fi e extinderea Registrului electoral, prin înregis- constituit un grup de lucru interinstituțional, trarea alegătorilor români din diaspora care care să susțină demersurile pe care instituția au domiciliul în ţară şi reşedinţa în străinătate noastră le va face în perioada următoare. sau au domiciliul în străinătate, astfel încât, Acest grup ar urma să fi e format cu sprijinul Ministerului Afacerilor Externe, din reprezentanți ai Autorității Electorale să fi e înfi ințate sufi ciente secții de votare. Permanente, ai Serviciului de Telecomunicații La ultimele alegeri prezidențiale, din Speciale, ai Institutului Național de Statistică, anul 2014, mulți dintre alegătorii români din străinătate au fost nemulțumiți de faptul că ai Ministerului Afacerilor Interne, ai au așteptat ore în șir în fața unor secții de Ministerului Educației și Cercetării Științifi ce, votare supraaglomerate, în unele cazuri fără ai Ministerului Dezvoltării Regionale și a putea vota înainte de închiderea urnelor, Administrației Publice, ai Ministerului pentru că nu au fost înfi ințate sufi ciente secții de Societatea Informațională, ai Ministerului votare ori că au fost nevoiți să meargă sute de Afacerilor Externe și ai Ministerului Finanțelor kilometri pentru a-și putea exercita un drept Publice. constituțional elementar – acela de a vota. Obiectivul AEP este ca simularea Noua lege privind alegerile parla- națională a funcţionării Sistemului informatic mentare oferă AEP instrumentul ca aceste de monitorizare a prezenţei la vot şi de probleme să fi e rezolvate: înscrierea în prevenire a votului ilegal să fi e făcută până Registrul electoral a cetățenilor români din cel mai târziu în preziua alegerilor locale diaspora, cu adresa de domiciliu sau de din 2016. reședință din străinătate.

Desfășurarea în cele mai bune Electorală Permanentă, care își asumă cu condiții a votului în străinătate trebuie să responsabilitate acest deziderat. fi e un obiectiv major al anului 2016 pentru Alegătorii români, indiferent dacă toate instituțiile care au atribuții în acest sens locuiesc în țară sau în străinătate, trebuie să și, nu în ultimul rând, pentru Autoritatea aibă liber acces pentru a-și exprima opțiunea

7 Expert electoral nr. 3/2015 prin vot. Este un drept consfi nțit prin În acest sens, prin înscrierea românilor Constituție, care trebuie respectat și asigurat din diaspora în Registrul electoral, vom putea în egală măsură pentru toți românii, inclusiv avea o evidență mai clară a numărului de pentru cei afl ați în afara granițelor. alegători români din străinătate și a distribuției Pentru buna desfășurare a votului în acestora pe localități, pentru a putea stabili ce diaspora, AEP se bazează în primul rând pe secții noi de votare trebuie să fi e înfi ințate. implicarea și sprijinul alegătorilor români din Potrivit legii, AEP va comunica Ministerului Afacerilor Externe localităţile străinătate. din străinătate în care trebuie să fi e înfi inţate De aceea, îi îndemnăm pe românii din secţii de votare, precum şi numărul acestora, diaspora care au domiciliul în ţară şi reşedinţa în termen de cel mult 30 de zile de la data în străinătate sau au domiciliul în străinătate aducerii la cunoştinţă publică a datei să se înscrie, de la 1 aprilie 2016, în Registrul alegerilor. electoral, cu adresa din străinătate, printr-o Pentru buna desfășurare a votului în cerere scrisă, pentru a fi arondați unei secții străinătate la alegerile parlamentare din anul de votare, unde pot vota pe listele electorale 2016, AEP va demara o amplă campanie prin permanente, asemenea românilor din țară. care românii din străinătate să fi e informați Cererile pentru înscrierea în Registrul despre importanța înscrierii lor în Registrul electoral și celelalte documente cerute de electoral. lege vor fi depuse sau transmise prin poștă la Campania va fi derulată inițial online misiunile diplomatice sau ofi ciile consulare, și va consta în materiale video ce vor fi urmând să fi e comunicate, cu celeritate, de postate pe portalul instituției noastre, pe către acestea Autorității Electorale Perma- site-ul Registrului electoral, pe YouTube nente, care va face modifi cările necesare în și pe pagina de Facebook ce va fi special creată pentru informarea alegătorilor din baza de date cuprinzând alegătorii români cu străinătate. Vom realiza, de asemenea, o drept de vot. serie de tipărituri de informare – broșuri, ă ă ţ Legea prevede c , al turi de sec iile pliante, afi șe, pe care dorim să le distribuim, de votare organizate pe lângă misiunile cu sprijinul Ministerului Afacerilor Externe, diplomatice, ofi ciile și secțiile consulare, concetățenilor noștri din diaspora. institutele culturale din străinătate, se vor Buna comunicare cu alegătorii din organiza secţii de votare pentru localităţile diaspora în perspectiva alegerilor parla- sau grupurile de localităţi unde îşi au mentare din 2016 a fost, de altfel, una dintre domiciliul sau reşedinţa, potrivit Registrului temele de discuție dintre reprezentanții AEP electoral, cel puţin 100 de alegători. și şefi i misiunilor diplomatice permanente –

8 Expert electoral nr. 3/2015 ambasadori, consuli generali, directori ai Corpul experților electorali – institutelor culturale române din străinătate – un proiect bazat pe selecție riguroasă prezenți la Reuniunea Anuală a Diplomației și pregătire temeinică Române de la București, care au participat la dezbaterea „Pregătirea organizării ale- Anul 2015 a adus AEP o nouă gerilor, noua lege electorală, experiențe realizare, după ce legislativul a reglementat rezultate din pregătirea și desfășurarea înfi ințarea corpului experților electorali, un exerciți ilor electorale precedente”, orga- proiect pentru care am pledat constant de mai nizată de Ministerul Afacerilor Externe. mulți ani. Votul prin corespondență Astfel, pentru buna desfășurare a alegerilor și a referendumurilor naţionale şi trebuie să fi e organizat corect și locale, Autoritatea Electorală Permanentă transparent va înfi ința și gestiona corpul experților electorali, o bază de date ce va cuprinde La solicitarea decidenților politici, persoanele care pot deveni președinți ai AEP și-a asumat rolul de a contribui la birourilor electorale ale secțiilor de votare elaborarea unui proiect de lege privind votul sau locțiitori ai acestora. prin corespondență, ale cărui prevederi să fi e Foștii preşedinți ai birourilor electo - aplicabile începând cu alegerile parlamentare rale ale secţiilor de votare sau locţiitorii din 2016. acestora vor putea fi admiși în corpul exper- Pentru a pune bazele proiectului de ţilor electorali, la cerere, cu avizul favorabil lege privind votul prin corespondență și a găsi al AEP. Aceste cereri trebuie să fi e depuse cele mai bune soluții pentru implementarea în scris sau transmise în format electronic acestui tip de vot alternativ, reprezentanții primarilor sau prefecţilor ori la Autoritatea AEP au început o serie de discuții tehnice Electorală Permanentă până cel mai târziu cu cu cei ai Ministerului Afacerilor Externe, 45 de zile înaintea datei alegerilor. Companiei Naționale „Poșta Română”, De asemenea, celelalte persoane care Companiei Naționale „Imprimeria Națională” doresc să devină președinți ai birourilor și ai Regiei Autonome „Monitorul Ofi cial”. electorale ale secțiilor de votare sau locțiitori Consultările vizează aspectele de ai acestora vor putea intra în corpul experţilor natură tehnică referitoare la documentele electorali, la cerere, pe bază de examen. necesare în cadrul unei proceduri de vot Vor putea fi admise în corpul exper- prin corespondență, aplicarea unor elemente ţilor electorali, prin decizie a Autorităţii de siguranță pe acestea, precum și traseul Electorale Permanente, persoanele care înde- corespondenței poștale dintre instituțiile plinesc, printre altele, următoarele condiţii: statului și alegători și securizarea acestui au cetăţenie română, au drept de vot și nu fac circuit. parte dintr-un partid politic. Astfel, AEP dorește ca proiectul După o selecție riguroasă a membrilor de lege privind votul prin corespondență corpului experților electorali, AEP va să ofere garanțiile de securitate necesare organiza programe specifi ce de instruire şi pentru corectitudinea alegerilor, securizarea formare profesională în materie electorală circuitului de transmitere a corespondenței și pentru aceștia. a documentelor necesare votării și costuri cât Preşedintele biroului electoral al mai mici pentru statul român. secţiei de votare şi locţiitorul acestuia vor Acest proiect de lege va fi unul fi desemnaţi de AEP dintre persoanele complex, prin care se vor stabili foarte clar înscrise în corpul experţilor electorali, cu atribuțiile ce vor reveni fi ecăreia dintre domiciliul sau reşedinţa în judeţul respectiv, instituțiile implicate, pentru a garanta pe baza criteriului apropierii domiciliului sau alegătorilor că votul prin corespondență va fi reşedinţei de sediul secţiei de votare, precum organizat corect și transparent. şi pe baza criteriului studiilor absolvite.

9 Expert electoral nr. 3/2015

Desemnarea se va face, prin tragere la sorţi Centrul „Expert electoral” va avea ca computerizată, organizată la nivel judeţean sau obiective creşterea nivelului de cunoştinţe al municipiului Bucureşti cu 15 zile înaintea şi abilităţi ale persoanelor implicate în datei alegerilor, pe funcţii, în şedinţă publică. pregătirea, organizarea şi desfăşurarea proce- Corpul experţilor electorali din străi- selor electorale, îmbunătățirea accesului nătate va cuprinde persoanele care pot deveni la instrumentele juridice internaţionale şi preşedinţi ai birourilor electorale ale secţiilor regionale în domeniul electoral, la legislaţia de votare din diaspora. electorală naţională, la jurisprudenţa şi doc- Desemnarea preşedinţilor birourilor trina din acest domeniu. Printre obiectivele electorale ale secţiilor de votare din străi- sale se vor mai număra informarea şi educarea nătate se face pe baza criteriului apropierii alegătorilor şi a competitorilor electorali domiciliului sau reşedinţei de sediul secţiei în spiritul principiilor şi standardelor inter- de votare, precum şi pe baza criteriului stu- naţionale în domeniul electoral și dezvoltarea diilor absolvite. Vor avea prioritate personalul misiunilor diplomatice şi ofi ciilor consulare, integrităţii electorale. secţiilor consulare, institutelor culturale din Centrul „Expert electoral” va elabora străinătate, juriştii şi apoi absolvenţii de analize, studii și rapoarte de cercetare în studii universitare de licenţă. domeniul electoral, la solicitarea AEP, a Parla- Constituirea unui asemenea corp de mentului, a Guvernului şi a Preşedintelui. profesioniști în domeniul electoral, pregătit De asemenea, va oferi, printre altele, temeinic în ceea ce privește prevederile servicii de consultanţă și va organiza programe legale în domeniu, va asigura desfășurarea în de formare, specializare, educare sau instruire bune condiții a procesului electoral. în domeniul electoral. Finanţarea cheltuielilor de funcţionare şi de capital ale Centrului AEP – important și activ „Expert electoral” va fi asigurată din alocaţii furnizor de expertiză și asistență de la bugetul de stat şi din venituri proprii. electorală Amintesc că Autoritatea Electorală Permanentă și Ministerul Afacerilor Externe Un alt proiect important al AEP în au semnat în acest an un protocol de 2016 va fi înfi ințarea Centrului „Expert colaborare prin care cele două părți se electoral”. Acesta se va afl a în subordinea angajează să conlucreze pentru promovarea Autorităţii Electorale Permanente și va internaţională a experienţei României în sprijini fundamentarea şi punerea în aplicare materie electorală şi cooperarea regională în a strategiilor acesteia. domeniul electoral.

Astfel, AEP intenționează să înfi ințeze româneşti şi a cooperării regionale în dome- un organism regional cu rol principal în niul electoral de către noul organism se va promovarea experienței României în materie realiza atât cu organisme electorale din diferite electorală și a criteriilor de transparență și state, cât şi cu reprezentanţi ai mediului politic, integritate în alegeri. Promovarea experienţei societății civile, organizaţiilor neguverna-

10 Expert electoral nr. 3/2015 mentale și cu cei ai mass-mediei interesați de problematica electorală şi drepturile omului. În urma eforturilor depuse de întreaga echipă a AEP în ultimii ani, România a ajuns să fi e recunoscută ca unul dintre cei mai importanţi furnizori de expertiză electorală la nivel regional şi internaţional, iar Bucureşti a devenit un important knowledge-hub în a Organizației Electorale Globale (GEO), materie electorală. precum și faptul că AEP este membră a Activitatea Autorității Electorale Organizaţiei Mondiale a Organismelor Permanente în domeniul asistenţei electorale Electorale (A-WEB) şi a Asociaţiei Ofi cialilor internaţionale și efi cienţa cu care şi-a extins Electorali Europeni (ACEEEO). reţeaua de contacte în întreaga lume au Raportul recomandă AEP să îşi men - fost remarcate, în anul 2015, într-un raport ţină parteneriatele strategice care şi-au demon- realizat la solicitarea Programului Naţiunilor strat deja efi cienţa, precum cele cu UNDP, Unite pentru Dezvoltare (UNDP) – Centrul Consiliul Europei, Asociaţia Ofi cialilor Elec - Regional pentru Europa şi Asia Centrală. torali Europeni (ACEEEO) şi Asociaţia Raportorii UNDP au menționat că Mondială a Organismelor de Management AEP este în prezent cel mai important fur ni- Electoral (A-WEB), organism care „și-a zor de asistenţă electorală bilaterală al Româ- exprimat continuu angajamentul de a susține niei și că Autoritatea are „viziune ca organism eforturile altor țări de a organiza alegeri de management electoral şi doreşte să îşi libere și corecte prin facilitarea colaborărilor, mobilizeze personalul şi resursele pentru realizarea de sinergii și generarea de proiecte implementarea proiectelor de asistenţă comune pentru dezvoltarea democrației și a electorală”. unor alegeri corecte”. În raportul UNDP este menționată participarea AEP la cea de-a IV-a conferință

AEP are drept scop să împărtășească În raport se mai arată că „AEP are bunele practici și experiența în domeniul elec- perspectiva unui organism de management toral, să consolideze participarea femeilor electoral profesionist în privința modului său la procesele electorale și în administrație și de abordare a cooperării pentru dezvoltare este furnizor de expertiză în ceea ce privește și în ceea ce privește activitatea în rețelele Registrul electoral, activitatea fi nanțării profesionale, care îi oferă acces la alte partidelor politice și instruirea ofi cialilor organisme similare și furnizorii de asistență electorali care activează în cadrul secțiilor de electorală, cum ar fi Fundația Internațională votare. pentru Sisteme Electorale (IFES)”.

11 Expert electoral nr. 3/2015

Raportul subliniază că, în ultimii ani, experți români și străini în domeniu și instituția a organizat cu succes conferinţe reprezentanți ai mediului academic. electorale internaţionale, precum şi programe Acesta va fi un bun prilej pentru noi de pregătire de specialitate, ceea ce a adus să identifi căm mijloacele prin care realitățile vizibilitate în plan extern atât Autorității, românești pot fi armonizate cu standardele cât și României, și că AEP a devenit din ce și bunele practici europene în codifi carea în ce mai activă şi mai vizibilă în relaţia cu legislației electorale. organizaţiile profesionale din străinătate, Tot la Bucureşti va avea loc și cea de-a precum şi în domeniul electoral internaţional. 13-a Conferinţă Europeană a Organismelor De altfel, Autoritatea Electorală de Management Electoral, organizată de Permanentă, în colaborare cu reprezentanții Comisia Europeană pentru Democraţie prin Comisiei de la Veneția, va organiza la Drept (Comisia de la Veneţia) în colaborare București, în luna octombrie, seminarul cu AEP, o altă bună ocazie pentru un schimb internațional cu tema „Codifi carea dreptului efi cient de experiență. electoral”. La seminar sunt așteptați să Acestea sunt realizările și provocările participe reprezentanți din cadrul Comisiei pe care le are în față Autoritatea Electorală de la Veneția, Fundației Internaționale pentru Permanentă, despre care vă invităm să Sisteme Electorale, Programului Națiunilor afl ați mai multe pe site-ul instituției noastre Unite pentru Dezvoltare, Ofi ciului pentru www.roaep.ro, unde echipa AEP vă stă la Democrație și Drepturile Omului, precum dispoziție cu toate informațiile de care aveți și ofi ciali din partea a numeroase organisme nevoie. electorale naționale, cărora li se vor adăuga

12 INSTITUTIONAL ARCHITECTURE, SOCIOCULTURAL CONTEXT AND ELECTORAL INTEGRITY1

Dieter NOHLEN Professor Emeritus of Political Science, University of Heidelberg

Translation from Spanish: Ph.D. Andrada – Maria MATEESCU

I will discuss about institutional the world. By taking into account the context, architecture, sociocultural context and I will call into question the assumption of this electoral integrity, precisely on the complex fi rst session which consists of the fact that interplay of the three phenomena. I will the institutions required to ensure electoral present the issue of the institutional integrity can be determined, in broad terms. architecture and electoral integrity on a This desired objective depends on several rather abstract level, due to the fact that this factors, not only institutional factors, but fi rst session of the conference views them in especially the ones that are integrated into a close and specifi c relationship – “electoral the concept of “sociocultural context”. This institutions are necessary to ensure electoral will be stated by pointing out that the degree integrity”. I will make some considerations of dependence on institutional and non- that are rather general and conceptual, often institutional factors varies by place and time, having as a reference point the Electoral even from one election to another. Thus, Integrity Project developed by Pippa Norris from my point of view, the potential scope and her colleagues, the most ambitious project of the institutional architecture for electoral to measure electoral integrity worldwide. integrity depends on the context, for example I will include in my remarks the sociocultural the type of regime, in accordance with one of context in which elections occur.1The context my thesis on the fact that the context makes represents the historical framework that the difference2. However, too much impact helps us to refl ect on the institutions, their functions and real effects. I am going to leads to the way the interrelated phenomena refl ect on the Latin American context, are defi ned. sometimes contrasting with other regions of This is especially true for the concept of electoral integrity. Is electoral integrity 1 Paper presented at the 2nd General Assembly of an objective phenomenon, verifi able by the Association of World Electoral Bodies (A-WEB) and A-WEB’s International Conference, fi rst session 2 Dieter Nohlen, El contexto hace la diferencia: “Roles and Challenges of EMBs in Ensuring Integrity Reformas institucionales y el enfoque histórico- of Elections”, Punta Cana, Dominican Republic, empírico, edited and introduced by Claudia Zilla, August 2015, with the title “Arquitectura institucional, Instituto de Investigaciones Jurídicas, Ciudad de contexto sociocultural e integridad electoral”. México, 2003.

13 Expert electoral nr. 3/2015 examining the correspondence between Electoral integrity, in its second electoral practice and the legal framework? dimension, relates to the quality of elections, Or is it, at the same time, a subjective precisely the relationship between values and phenomenon, which is exposed to the practices. It postulates the correspondence perception of individuals and groups who between values and laws on the one hand, participate in the elections themselves or ob- and behaviour and results on the other: the serve and evaluate. It is a double perspective, aspiration towards this is synonymous with similar to the popular concept of legitimacy: honesty. Electoral integrity is determined as legitimacy attributed to institutions through the ethical postulate which guides the whole the legitimacy of the validity of its design, electoral process and the individuals in- which guarantees the validity of certain volved in it to behave with integrity, in other fundamental principles, or the legitimacy of words with honesty, according to the values belief, in which the recognition of institutions and laws that underpin democratic elec- is legitimated by a part of the members of a tions, and to protect, where appropriate, the society. In both concepts it is distinguished honesty of the electoral process in the face of between intrinsic validity and validity of challenges that call it into question. belief. I will return later to this quandary. The values that govern electoral Beforehand, I would like to emphasize that, integrity are manifested in international in my opinion, institutions matter a lot, but in standards. These are multilateral agreements, relative terms. To be specifi c, the necessary conventions, treaties, and international laws institutional architecture is one that fi ts the relating to human rights, political rights and context, an institutional, administrative and they include elections as the mechanisms legal design that corresponds to the specifi c of citizen’s participation in expressing their challenges and variants in terms of organizing political will. With this background of values free and fair elections. and laws, we can thus assess ex negative electoral integrity. If the rules are not broken, The concept of electoral if elements of the electoral process are not manipulated, and ultimately against legally integrity inward and outward or constitutionally established rules, and lastly, if there are no contradictions, not only In regards to what electoral integrity in terms of laws, but also in regards to the means, I will distinguish between two values upon which they rest, then there is dimensions. The fi rst relates to its integrative electoral integrity. scope. “It assumes a holistic view of all aspects In their absence, we often speak of of the electoral cycle starting from the design bad practices, distinguishing only between of legislation and bodies and the selection different degrees. We should distinguish, of electoral authorities, to the processes of however, between electoral irregularities vote counting, publication of results and in terms of errors and electoral fraud or audit.” This dimension of electoral integrity manipulation, an important distinction be- tends to consider that its scope is complete: cause errors may occur at any time, they are is synonymous with such an aspiration in inherent to the human being. In this sense, its entirety. Electoral integrity, in this fi rst electoral integrity can not mean the absence dimension, is associated with the idea of focus of errors, although widespread failures can on an electoral cycle with different stages. have serious consequences for the confi dence Even more, it emphasizes the importance of in the election results, especially when the addressing the before and after Election Day media magnify them unduly, they confuse stages in the analysis of the elections – today these failures with fraud or manipulation and the high incidence of party fi nancing and the ones that lost the electoral competition election campaigns as well as the access to take advantage of the confusion to try to the media in the electoral race are, without a delegitimize the results of the election. doubt, key elements in assessing the elections Electoral fraud or manipulation, in contrast, in terms of democratic standards. has to be perceived as an intentional attitude

14 Expert electoral nr. 3/2015 against electoral integrity. It produces distrust not generate, nor guarantees honesty in how and reduces the legitimacy of the election and it operates. It is often observed that the same its outcome. It can bring severe consequences. electoral institutions associated with honesty Even in regards to the type of regime. in some places, fail in others, and that there are similar results in terms of honesty, The concept of institutional although the formal institutions are different. architecture It is not the institutional architecture, but the honesty in managing elections that is the key criterion of electoral integrity. Regarding the institutional archi- The Electoral Integrity Project which tecture, from the beginning, it is clear that advocates this position, refers, however, by this concept, in the fi eld of elections, we on two occasions to characteristics of an mean: electoral bodies, norms, conventions institutional nature. Both exhibit an enor- and forms of interaction that regulate the mous importance because they allude to the electoral process. Institutional theories claim polit ical regime, one is the rule of law (in that institutions can explain behaviour and other words the State that is governed by the policy outcomes. Hence, the assumption rule of law) and the other is the impartiality that institutions ensure electoral integrity of electoral bodies. As it is known, in authori- and you have to fi nd and introduce those tarian regimes, without the separation of institutions that induce such effects. New powers and without the rule of law, the law institutionalism, however, calls into question is a weapon used by the ruling power against the existence of a deterministic relationship the opposition, and a correspondence with between institutional architecture and the law in terms of legal positivism does not electoral integrity. As I said, the institutional guarantee electoral integrity. In authoritarian architecture is important, but this is relative. regimes, neither the independence, nor the Taking into account the double autonomy of electoral bodies is guaranteed. dimension of electoral integrity, it can Thus, electoral integrity does be argued that there are ideas of what to not depend so much on the institutional include as necessary electoral architecture. architecture, but it is a requirement of The integrative concept itself of electoral democracy from within. In order to ac- integrity postulates that electoral bodies and complish electoral integrity it depends on procedures are necessary to cover the entire democracy as type of regime, as emphasized electoral process. Completing the entire yesterday by the President of International outlook of the concept, the question should IDEA. However, as we are seeing, the causal be directed towards the type or structure of relationship between them is inverse. The the institutional architecture. Comparative type of regime is the decisive institutional international experience indicates that there variable for the degree of electoral integrity is no ideal architectural model and that there and the signifi cance and structure of its are alternatives to the institutional design. institutional architecture. Latin America as The evaluation parameter is the result of a region is a good example. Overall, there honesty, a consideration that reintegrates the has been great progress in the development second dimension of the analysis of electoral of electoral justice. We must recognize this. integrity, a correspondence between the However, in some countries, in which there practice and the values and laws that derive were changes in the political regime towards from the theory of democracy. However, one authoritarian ones in different degrees, can distinguish between situations in which elections dramatically lost their previous free the formalized institutional architecture and fair character. The type of regime is a fails (e.g. when the electoral districts are set determining factor for electoral quality. We politically biased), and those in which the must take into account, however, that often behaviour of individuals and groups involved non-institutional factors are the ones that in the electoral process makes it so that it promote a limited degree of electoral integrity fails. The institutional architecture itself does or of recognition in terms of legitimacy. But

15 Expert electoral nr. 3/2015 when it comes to non-institutional factors, it interest ing to note that, in general, extreme is rather a mystery how to make an informed distrust especially concerns democratic insti- evaluation effective in the world of behaviour tutions, those of greater equity, including the and action. bodies that protect these values, as are those from the electoral fi eld. But confi dence in the Context variables in Latin electoral bodies exceeds what is generally America expressed in the judicial power. In general, distrust appears as a No doubt there are many contextual phenomenon of results, experiences and factors that infl uence electoral integrity, and observations lived. These experiences, can, moreover, play a different role depend- however, induce individuals and groups to ing on the place and time. That is, it is not believe that compliance with the law results easy to generalize. You have to be sceptical in few benefi ts and that, ultimately, only the of each, including this. For example, in cases “dumb” end respecting ethical standards. where the degree of electoral integrity is Thus mistrust is likewise an input phenome- low, the attention is drawn towards the low non, it encourages fraud. The general assump - level of economic development, or high tion is that the fact that others defraud social inequality, or little experience with encourages and legitimizes individuals and democracy. However, in global comparison, groups to have an equally dishonest behaviour it is quite easy to fi nd cases that oppose such in order to compensate. This justifi es why generalizations. India is an example that parties struggle to place their people in often contradicts these supposedly universal electoral bodies’ staff, and why they make theses. A context factor that for Latin Amer- pressures on electoral service members to ica has a high explanatory value within enter their game for power. the group of sociocultural variables is the widespread distrust of institutions. Evaluating the evaluation of This is based on several factors. electoral integrity Firstly, it is based on social distrust, the distrust in others which is comparatively In my closing remarks, I would like to high. Secondly, it stems from the perception point some general observations in relation that people have of politics and politicians to the evaluation of electoral integrity, in general, confi rmed by the high degree of corruption as is highlighted by facts that are especially by way of the Electoral Integrity proved. Thirdly, it is based on clientelism Project. in politics, because the actors who practice A fi rst observation concerns the scope favouritism are often considered above the and the way of evaluation. The measurement law. They often think that “the end justifi es includes all elections in the world, no matter the means”. Fourthly, it stems from a lack what kind of political regime. In the studies of institutional culture, as demonstrated, on elections from the seventies and the for example, by the fact that people readily eighties, there is a difference made between accept when politicians break the law if the competitive elections, non-competitive and objective is agreeable to them, a position semi-competitive, according to the type of that corresponds to the criteria and behaviour regime: democratic, totalitarian and author- practiced in general in social relations. itarian. The category defi nes the analyt ical Indeed, distrust is ubiquitous and can approach. In the studies of electoral integrity, be legitimate and advisable. Furthermore, we there is no categorical distinction. What is should differentiate between different de- determined is the degree of closeness with grees of distrust. Latin America, in general, the international standard for each election. and as confi rmed by surveys, seems to repre- The evaluation is gradual and not categorical, sent a case of extreme distrust. In the political and no political system is excluded. Some and institutional fi elds, it calls into question electoral integrity is found in each case. The any institution or political practice. It is paradigmatic example is Cuba. It is a one-

16 Expert electoral nr. 3/2015 party dictatorship, the opposition is oppressed The PEI survey rated Mexico as moderate in or in prison, elections do not have the function integrity, due in part to some problems at the of representing political pluralism, there is no results stage.” competition or alternation in power. However, It follows that in the fi nal assessment the case is part of the evaluation and gets expressed as the degree of electoral integrity even an average degree of electoral integrity, by which a case is ranked, it is integrated above the global mean value and above not only what is observed in relation to all other Latin American countries (Ecuador, stages of the electoral process as a whole, Paraguay, Venezuela, and Honduras). by applying in the analysis the parameter The second observation concerns between the practice and the values and disregarding the sociocultural context which standards in terms of honesty, but also the can be decisive in terms of how successful perception of the political actors themselves, a particular institutional design is, although which we know is strongly infl uenced by it does not correspond to international stan- sociocultural factors, by systemic distrust, dard. The paradigmatic example is Germany. precisely because the ones who lose the There, the electoral body that organizes the electoral race do not recognize the election elections is an offi ce within the Ministry of results. In the concept of electoral integrity it Interior, the control of fi nancing political is integrated its negation. Thus, the structure parties and election campaigns is in the hands of the concept of integrity is similar to that of the presidency of the Parliament, a political of legitimacy, both of which consist of two organism and not a judicial one gives tough dimensions, an objective one, the self-regard sanctions when it sentences the cases when of the institutions, and a subjective one, the the law is broken by the political parties; belief in them, as explained previously. the control of the election results is actually While in the case of legitimacy, the classics of exercised by a parliamentary commission the theory of democracy state that the belief newly elected in the plenary, since it is rare that complaints made on their sentencing in legitimacy is a key element in the political reach the judicial organism, which ultimately science empirical evaluation of it, in my view, is the Federal Constitutional Court. Although in the case of electoral integrity, we have to this does not correspond with international favour the empirical examination of dignity, standards, Germany is listed in the ranking of or honesty as a parameter of evaluation. In electoral integrity on one of the top positions. addition, compliance with electoral integrity, The third (and last) remark concerns meaning honesty demonstrated and proven the evaluation of what is observed, throughout the electoral process, should reconsidering the concept of electoral precisely promote its active defence by the integrity. A prime example is Mexico. The evaluators in the face of any attempts to deny evaluation of the 2012 elections by the and annihilate. It is a necessary service that Electoral Integrity Project said: “During the we all must make in defence of democracy. election, mass protests occurred in Mexico I conclude with some questions and City against alleged pro-PRI bias favoring a thesis: is it correct, is it convenient to unite Peña Nieto in the print and television media. electoral integrity with the distrust in it due Following the elections, López Obrador de- to sociocultural conditions and political manded a full recount, claiming widespread reasons presented? If the answer is yes, do irregularities, including vote-buying (using we not assign to contingent sociocultural supermarket credit cards) and use of illicit factors any results of the analysis of electoral funds by PRI. The Electoral Tribunal of the integrity? The greater the distrust in the Federal Judiciary rejected the charges due electoral process as a sociocultural variable to insuffi cient evidence. The OAS observer in electoral integrity and its consideration in mission praised the election as peaceful and Latin America, the less impact the electoral orderly, with professional administration. architecture and behaviour of electoral bodies Protests continued, however, some violent. has on the electoral integrity evaluation.

17 Expert electoral nr. 3/2015

About the author: Dieter NOHLEN is Professor Emeritus of Political Science in the Faculty of Economic and Social Sciences of the University of Heidelberg. He has a variety of research projects carried out, whose thematic focus is on Latin America, elections and political parties, democracy development, social policy and foreign policy. Professor emeritus since 2005, Dieter Nohlen has published in the last decade a number of writings on Latin America, who made milestones in answering questions on institutional reform, particularly of presidentialism, the right to vote and electoral systems. His scientifi c work was honored in 1991 with the Max Planck Research Prize award for his scholarly collaboration with the Inter-American Institute of Human Rights (Costa Rica). In 1995 the eight-volume Manual of the Third World, edited and compiled by Dieter Nohlen and Franz Nuscheler of the University of Duisburg, was selected for the special “Political Book” prize for the best German publication on development policy. In 2000 he received the University of Augsburg research prize for his outstanding work on Spain and Latin America, by the University of Augsburg and the Leimer Foundation. That same year, the book “Elections in Africa” by Dieter Nohlen and co-authors Michael Krennerich and Bernhard Thibaut has been selected as the Outstanding Academic Books of the Year in the United States, by the infl uential US library journal CHOICE. In 2005 Dieter Nohlen was honored with the Diploma honoris causa in Electoral Administration by the University of Paris, Pantheon II. E-mail: [email protected]

References: Dieter Nohlen, El contexto hace la diferencia: Reformas institucionales y el enfoque histórico-empírico, edited and introduced by Claudia Zilla, Instituto de Investigaciones Jurídicas, Ciudad de México, 2003. https://sites.google.com/site/electoralintegrityproject4/

18 PAYING IT FORWARD: ROMANIA’S YOUNG ELECTION AUTHORITY MAKES A DIFFERENCE IN THE WORLD

Paul DEGREGORIO International Election Expert

Abstract: Abstract:

The revolutions in the late 1980s and Revoluțiile de la sfârșitul anilor 1980 early 1990s in Central and Eastern Europe și de la începutul anilor 1990 din Europa energized the international community Centrală și de Est au impulsionat întreaga to assess and support early elections in comunitate internațională să evalueze și să transitional democracies. sprijine primele alegeri din democrațiile în With signifi cant bilateral and tranziție. multilateral funding, key international Cu fi nanțare bilaterală și multila- institutions involved in the promotion terală semnifi cativă, instituțiile-cheie of democracy, some of them quite new, internaționale implicate în promovarea stepped forward to assemble impressive democrației, unele dintre ele destul de teams of international experts in the fi eld noi, au început prin a închega echipe of democracy and elections to observe and impresionante de experți internaționali assess elections, interview key stakeholders, în domeniul democrației și al alegerilor and produce professional reports with vital pentru a observa și evalua alegerile, pentru recommendations. Those reports identifi ed a intervieva principalele părți interesate many issues and problems involved in the și pentru a produce rapoarte profesionale administration of those fi rst multiparty cu recomandări esențiale. Aceste rapoarte elections. Romania was an early benefi ciary au identifi cat multe aspecte și probleme of those missions and subsequent technical apărute în administrarea primelor alegeri assistance. One of the most important and multipartite. România a fost un benefi ciar consistent recommendations from the ex- timpuriu al acestor misiuni și a benefi ciat perts for these new democracies was the ulterior de asistență tehnică. Una dintre cele need to establish a professional, independent mai importante și consistente recomandări and permanent Election Management Body ale experților pentru aceste noi democrații (EMB). Romania received strong internatio- a fost necesitatea de a stabili un organism nal support to achieve that important goal, de management al alegerilor profesional, and the now-Permanent Electoral Authority independent și permanent. România a avut (PEA) has not only followed the good advice un sprijin internațional consistent pentru a given to it, but has paid that advice forward atinge acest obiectiv important și Autoritatea

19 Expert electoral nr. 3/2015 by becoming a world leader in the fi eld of Electorală Permanentă (AEP) nu numai că election administration and support to the a urmat această bună recomandare, dar a și newer emerging democracies of the 21st înaintat-o mai departe și a devenit un lider century. mondial în domeniul administrării alegerilor și în ceea ce privește sprijinirea democrațiilor Keywords: Romania election adminis- noi, apărute în secolul 21. tration, IFES, USAID, OSCE, ODHIR, election assessment, technical assistance, Cuvinte-cheie: administrarea alege- election observation mission, PEA, ACEEEO, rilor în România, IFES, USAID, OSCE, A-WEB ODHIR, evaluarea alegerilor, asistență teh- nică, misiuni de observare a alegerilor, AEP, ACEEEO, A-WEB

Romania has become a world leader This paper seeks to discuss that early in the fi eld of elections, and has made support and also highlights the struggle to considerable positive transformations, inclu- create a permanent Electoral Management ding becoming a respected member of the Body (EMB) in Romania. It also focuses on European Union, Council of Europe and the current status of the administration of NATO, and of international organizations elections, and how the Permanent Electoral representing election offi cials. Considering Authority uses its own experience to support the fact that a mere 25 years ago the country developing democracies around the globe. was in deep turmoil following decades of iron-fi sted communist rule, and that its The Early Days: Flawed respected Permanent Electoral Authority Elections and Doubt (PEA) was just established 11 years ago, Romania has come a long way in a relatively In 1990, during Romania’s fi rst short period of time. multi-party elections in 40 years, the U.S.- It wasn’t easy, and Romania received based International Foundation for Electoral and accepted good advice along the way. Systems (IFES) fi elded an observation Today, it returns that favor by offering its mission of technical experts who found 3 experiences and expertise to others. numerous shortcomings and fl aws. Those For the record, in 2015, Romania has elections were followed by economic turmoil and even violence, which began to sow seeds a population of 21,729,871 people, of which of doubt among the citizenry about the new 18,280,994 are registered voters. Average leadership of the country and the institutions voter turnout over the past 20 years has been they led.4 about 52%, with 64% of the voters casting At the time IFES, a relatively ballots in the 2014 presidential election.1 new organization led by pioneer Richard After the 1989 revolution that brought Soudriette5, was building its reputation as a about the downfall of the repressive regime non-partisan institution that brought together of Nicolae Ceaușescu, international donor some of the world’s leading experts in the agencies, led by the United States Agency fi eld of election administration to assist new for International Development (USAID), funded important initiatives aimed at turning 3 http://ifes.org/publications/romania-dream-deferred- Romania into a sustainable democracy.2 1990-elections-and-prospects-future-democracy 4 http://countrystudies.us/romania/2.htm “Romania- 1 http://www.electionguide.org/countries/id/178/ (Romania) Almost Free: 1989-1990”, Ronald D. Bachman, ed., 2 http://pdf.usaid.gov/pdf_docs/Pnadt366.pdf “Civil Romania: A Country Study. Washington: GPO for the Society Programs Financed by USAID in Romania: A Library of Congress. Study of Best Practices and Lessons Learned”. 5 http://aceproject.org/electoral-advice/author/Soudriette

20 Expert electoral nr. 3/2015 democracies during their transition period. In the 25 ensuing years IFES set the gold standard for democracy assistance, and built its well-deserved reputation for the work that it did in over 100 countries, including Romania. Millions of voters from all over the world are selecting their leaders in free and fair elections because of the excellent work of IFES.6

International Assessments, Recom men dations and Support

In 1991 IFES dispatched a fact-fi nding team of experts to Romania to review the political landscape and assess the electoral International Republican Institute (IRI) and law and administration of elections. Their the National Democratic Institute (NDI), was report found the election laws had not really provided tremendous technical assistance been updated since the mid-1920s, and there and support to Romania’s new political was a dire need for technical assistance and parties, NGOs, election administrators and expertise to rewrite the electoral code and to other stakeholders involved in the electoral support political party development: and political process. Important detailed “While other democracies’ election recommendations were made to improve the laws have evolved from the early part of this process, whether it was for the training of century to take account of social, cultural and poll workers, a revamp of the electoral laws, other changes, Romania’s has not benefi tted a focus on protection of minority groups, or from this luxury. As the activities of parliament the need for transparency and fairness in the and ministries become more structured, there process. should be an opportunity to review the election In addition, with support from law. This can only be accomplished through a USAID, the Charles Steward Mott Foun- comparative analysis of the election laws of dation, the European Union, and others, IFES other democracies worldwide. Such a review established a permanent offi ce in Romania to would enable the country to incorporate provide ongoing technical support to NGOs current attitudes towards the democratic and those involved in electoral reform.8 process in its election law.”7 As a result of that assessment, in the early 1990s IFES, along with the newly- IFES’ Leadership formed Commission on Security and Coope- ration in Europe Offi ce for Democratic During those important early years of Institutions and Free Elections (now OSCE/ assistance IFES was very fortunate to have the leadership of Romanian-born Dr. Juliana ODHIR), sent experts to Romania to assist 9 in the writing of new electoral laws, and to Geran Pilon as its Director of Programs. The provide advice in the preparations for the 1992 author of the 1992 book, The Bloody Flag: parliamentary and presidential elections. Post-Communist Nationalism in Eastern Through funding from the U.S. Agency Europe: Spotlight on Romania, Dr. Pilon had fi rst-hand experience of fl eeing Ceaușescu’s for International Development (USAID) 10 IFES and other organizations, including the repressive regime at the age of 14. 8 https://www.ifes.org/publications/romania-civic-edu ca- 6 http://www.ifes.org/sites/default/fi les/ifes_2012_an- tion-project-1994-1997 nual_report.pdf 9 https://en.wikipedia.org/wiki/Juliana_Geran_Pilon 7 http://ifes.org/sites/default/fi les/r01854.pdf IFES 10 http://www.amazon.com/The-Bloody-Flag-Post-Com - Techni cal Assistance Romania 1992. munist-Nationalism/dp/1560000627

21 Expert electoral nr. 3/2015

Dr. Pilon wisely appointed the highly- respected author and former Romanian dissident Dorin Tudoran to lead IFES’ efforts in Romania and neighboring Moldova, where he helped to establish and grow strong NGOs to support programs to develop domestic civil society and independent organizations who would promote true democratic values.11 IFES’ work in Romania was strongly praised by Thomas Carothers in his landmark book: Assessing Democracy Assistance: The Case of Romania. In the book Carothers states “The IFES program also helped advance a still-tentative process of positive evolution with regard to the Romanian government’s attitude and policies towards NGOs”.12 IFES continued to provide tech- nical assistance to Romania and make participated in the elections. The Central recommendations on improving the conduct Electoral Commission’s duty was to ensure of elections. A 1992 IFES assessment of strict observance of the rule of the electoral the presidential and parliamentary elections indicated multiple problems with Romania’s law. The commission was also responsible election administration, including serious for investigating any complaints about the issues regarding inaccurate voter lists, poor election that could not be resolved by local poll worker training, ballot design and ballot commissions and courts. marking problems, counting issues, and The problem with the CEC at the time general confusion regarding procedures. was that it was temporary, and did not allow That assessment also cited the lack of legal for the development of a strong permanent authorization for domestic observers. In its independent institution and staff that could report, the IFES team strongly recommended address the myriad of problems found by the creation of a professional independent domestic and international observers in those central election commission.13 early elections. My fi rst experience (of many) in Romania was in September 1995, where I Temporary CEC: No had the privilege of participating in an offi cial Institutional Knowledge assessment of the Romanian electoral process for IFES with Charles Lasham, an electoral In the early days of its transition expert from the United Kingdom. During our to democracy, elections in Romania were mission we met with many political, civic overseen by a temporary group called the and NGO leaders across Romania, including Central Electoral Commission (CEC), then-professor Emil Constantinescu, who which started its work just nine months was later elected president in 1996, and before every election. The CEC consisted of Adrian Năstase, President of the Chamber of seven Supreme Court Justices and included Deputies.14 the participation of ten representatives of During our assessment we visited the parties and political formations that Timișoara, a city in western Romania where many say the sparks of the 1989 revolution 11 https://en.wikipedia.org/wiki/Dorin_Tudoran 12 http://carnegieendowment.org/1996/01/01/assessing- started. At the time there was still much democracy-assistance-case-of-romania evidence of some of the street violence 13 http://pdf.usaid.gov/pdf_docs/pdabf923.pdf “1992 IFES Technical Assistance Project”, S. Atwood, Marta 14 http://ifes.org/publications/ifes-pre-election-technical– Villaveces. assessment-project-romania-september-8-28-1995

22 Expert electoral nr. 3/2015 that occurred in this city. I also visited the recommendations that we made in our fi nal historical city of Cluj in the Transylvania report. region, and met with its controversial mayor, We agreed with previous recom- Gheorghe Funar, a nationalist who made life mendations that a Central Electoral Bureau diffi cult for the 20% of the Cluj population and its permanent staff could achieve with Hungarian heritage. His rhetoric was an effi cient and effective process of so extremely to the far-right ideology, I had administering elections. to ask my interpreter whether he was really “This process could be coordinated by saying the words she was interpreting. It the CEB and would require the determination opened my eyes to the dark side of Romanian of the individual elector, political parties, politics at the time.15 government, parliament and civic groups. Our discussions with political The Central Electoral Bureau should be parties yielded many complaints concerning responsible for the following: problems associated with alleged fraud in (a) compilation of electoral lists; (b) the 1992 elections. IFES-supported NGOs, production of voter cards; (c) allocation of such as Pro-Democracy and LADO, were voters to polling stations; (d) appointment of particularly concerned about the lack of civic staff to local bureaus/stations; (e) production education undertaken by the government. of election manuals for staff; (f) compilation They were also concerned about the incon- and declaration of results; (g) all challenges sistency in the implementation of the election and appeals concerning the election process; law by the local electoral commissions at (h) determination of candidates at elections; previous elections, and that poor training at (i) production of ballot papers; (j) provision all levels of election administration and for of ballot boxes and polling booths; (k) civic observers was a serious problem. and voter education in conjunction with civic groups; and standardization of all election procedures.”16 While improvements were noted in the 1996 elections, an election assessment report by ODHIR stated: “There was a discernible improvement in election administration since the elections in 1992. However, the absence of a perma- nent and professionally staffed Central Elec- toral Bureau is regarded as a major weakness The author (center, in picture with glasses) in 1995 of the Romanian electoral system. Organi- with leaders of the Civic Alliance Party sation may only be improved further and the democratic process strengthened by the Consistent Recommendation establishment of a permanent independent and Need: A Permanent Electoral body to oversee the electoral process. Authority Given the ad hoc approach to organising the elections, the unwieldy nature of the There was one issue that had process itself and the lack of clear guidelines unanimity among everyone we spoke to: in the form of instruction manuals, there A need for a permanent, professional and were shortcomings resulting in a lack of independent national election body to oversee consistency and uniformity of practice.”17 all elections. It was certainly among the top 16 http://ifes.org/sites/default/fi les/r01853.pdf IFES 15 http://www.independent.co.uk/news/world/europe/ Technical Assistance Project Romania 1992. angry-mayor-shows-his-colours-gheorghe-funar-who- 17 http://www.osce.org/odihr/elections/romania/115748 is-a-serious-patriot-insists-there-are-no-hungarians-in- Romania Parliamentary and Presidential Elections romania-writes-adrian-bridge-in-cluj-1450599.html 1996.

23 Expert electoral nr. 3/2015

In addition, recommendations from acquire the expertise and confi dence they a 1997 assessment report issued by the need to manage elections on their own.20 International Institute for Democracy and Electoral Assistance (International IDEA) stated: “There appears to be widespread consensus among the political parties and governmental offi cials on the need for a permanent electoral body at the central level, and perhaps also at the constituency level.”18 So while other new democracies in the region, including Moldova, Ukraine, Lithuania, Latvia and Estonia, took the advice of IFES, ODHIR, IDEA and others, and created permanent election authorities, the political class in Romania continued to resist establishing such a body. Domestic and international election observation and assessment missions, as well as technical advisors, continued to press for a permanent body, but to no avail.

Looking back, the 1992 assessment The Birth of the by IFES was very clear on the need for a Romanian PEA permanent election authority, particularly in the case of the Voter Registry. It stated: “The Central Electoral Bureau In September 2004, the Romanian should become a permanent body to ensure Parliament fi nally adopted by a wide con- professionalization of the administration of sensus new laws governing presidential and elections. Currently a new Central Electoral parliamentary elections, replacing the 1992 Commission is appointed for every election. laws. This new law established the fi rst Permanent Electoral Authority (PEA) (Auto- Such a Central Electoral Bureau should ritatea Electorală Permanentă or AEP in be provided with adequate staffi ng and a Romanian). Mr. Octavian Opriş was named permanent budgetary provision. The Central president of the PEA and the well-respected Electoral Bureau should produce guidelines Tiberiu Csaba Kovacs was named Secretary- for the compilation of electoral lists. The General, a position he still holds today.19 responsibility for this currently rests with In their book, Every Vote Counts: The the Mayors who frequently resorted to Role of Elections in Building Democracy, obtaining lists from grocery stores where Richard W. Soudriette and Dr. Julia Geran citizens register to obtain sugar. The Pilon cite Romania and other examples Central Electoral Bureau should assume the of where democracy took root because of responsibility of compiling and ultimately the professional development of Election computerizing, these lists.” Management Bodies. The writers underscore While it took some time, Romania the importance of providing democratic heeded those recommendations and imple- assistance long enough for local offi cials to mented serious reforms. They no longer build their voter registry from “lists from grocery 18 http://www.idea.int/publications/country/romania. stores”. Today, the Permanent Electoral cfm; page 150. 19 https://aceproject.org/ero-en/regions/europe/RO/rom_ 20 http://www.amazon.com/Every-Vote-Counts-Elec- electoral_system.pdf tions-Collection/dp/0761836764

24 Expert electoral nr. 3/2015

Authority of Romania is a model for EMBs this new IT-based program, and subsequently around the world. developed a working portal that involved The formation of the PEA in 2004 local municipal offi cials in the maintenance was a true turning point for democracy of the Register. Using modern software, in Romania. In the years that followed, this update allowed these offi cials to assign Romania became a member of the EU polling stations, add or remove or update and NATO, and the PEA became an active voter information, and use the list for mailing member of the Association of European purposes. In 2014, the new Registry was Election Offi cials (ACEEEO). used successfully in the parliamentary and In 11 short years, PEA has evolved presidential elections. from one minor functioning branch to its The new modern electronic Registry current competent institution with eight is a long way from the days of when the regional and 34 county branches, and with registry was identifi ed in a 1990 report as major responsibilities. The President of the antiquated. PEA holds ministerial status and along with the Vice-Presidents and Secretary they are Recognized Progress empowered to oversee all aspects of election administration in Romania. The progress of the PEA has been duly noted by international organizations. ODHIR, PEA: Building Respect and a which has sent observer teams almost for Modern Voter Registry every Romanian election since 1990, stated in its report on the 2012 elections: As the numerous international “Electoral bureaus at all levels election assessment reports in the 1990s performed their duties effi ciently, within legal recommended, the PEA became an deadlines and functioned professionally, independent respected dynamic body which addressing matters in a collegial manner. institutionalized election best practices and Both CEB and BECs held regular sessions, sought to constantly improve the voting with BEC sessions open to observers and process for its citizens. the media. Decisions were taken by majority The PEA now operates with vote. CEB meeting agendas and decisions professional non-political employees and were swiftly published on the internet, which a robust internal structure with balanced effectively increased the transparency of leadership to maintain neutrality and inde- the process. The election administration pendence. PEA recognizes that organizing appeared to enjoy the confi dence of both elections is a team effort, with permanent the public and electoral contestants, in part collaboration with other institutions, inclu- due to judicial leadership in the bureaus. ding the Ministry of Internal Affairs and Positively, bureaus appeared to be gender- National Institute of Statistics. 21 balanced, although no legal provisions exist In recent years the PEA hired young in this regard.”22 professionals who brought new ideas and new energy to the institution. Perhaps one of Pătru: Making History their greatest achievements was to establish a digitized Electoral Registry that has become In 2012 Romania again made history a model for others. Started in 2009 with a by appointing the Honorable Ana Maria feasibility study, the PEA sought to develop Pătru, a well-respected attorney and public a modern method to digitize voter records fi gure, as the fi rst woman to lead the PEA. to improve effi ciency and prevent fraud. In Ms. Pătru has taken the PEA to new 2011, the PEA trained its staff in the use of heights, and has put Romania on the global

21 http://www.roaep.ro/prezentare/en/ Offi cial website 22 http://www.osce.org/odihr/98757 ODIHR 2012 of the Permanent Electoral Authority of Romania. Romania Parliamentary Elections. Final Report.

25 Expert electoral nr. 3/2015 map by conducting international conferences participated in the Global Election that highlight best practices in elections, Organization (GEO) conference and fostering assistance to emerging democracies 1st General Assembly of A-WEB in through study visits and technical support, Seoul, South Korea.27 and paying forward the advice and assistance Romania received during its earliest days of 2014 PEA First International Conference democratic transition.23 on Women Participation in Elections, Ms. Pătru’s leadership was recently focusing on the Middle East and recognized as she was elected by acclamation North Africa regions, and hosted the as the new vice-president of the Association 23rd Annual Conference and General of World Election Bodies (A-WEB), and Assembly of Association of European Romania was selected to host their 2017 Election Offi cials (ACEEEO).28 General Assembly and World Conference, where Ms. Pătru will be installed as president of the organization.24

Paying It Forward: Making a Global Impact

Some of the highlights of Romania’s leadership in recent years include:

2011 PEA worked with UNDP, Ministry of Foreign Affairs of Romania, UNEAD and other international organizations to begin a series of workshops to offer technical support and study programs in the context of the Arab Spring and Romania’s own experience in 2015 Hosting of the meeting of the its transition to democracy in the Executive Board of A-WEB, the 1990s.25 Second PEA International Conference on “Electoral Integrity and Regional 2012 Working with the Ministry of Foreign Cooperation”, and a Social Media Affairs, the PEA initiated a more and Elections Summer Camp.29 active approach to provide bilateral electoral assistance and cooperation 19 August 2015 with international organizations, Election of PEA President Ana Maria NGOs and public institutions. Pătru as the vice-president of A-WEB, and Romania selected to host the next A-WEB 2013 Launched new web portal with General Assembly and International historical and modern information26; Conference in 2017. 30 PEA organized a BRIDGE module on Out of County Voting with EMBs from Libya, Egypt and Tunisia; 27 http://www.aweb.org/eng/main.do 28 http://www.aceeeo.org/hu/node/71 23 http://www.aod.ro/resurse/Thematic%20Evaluati- 29 http://www.internationalpeaceandconfl ict.org/forum/ on%20-%20Electoral%20Assistance.pdf topics/summer-elect-camp-how-social-media-is- 24 http://www.aweb.org/eng/bbs/B0000080/view.do? making-a-difference-in-the?xg_source=activity#. nttId=10305&menuNo=300045 Website of A-WEB. VeEpWcqFNOA 25 http://www.undp.ro/projects.php?project_id=64 UNDP 30 http://www.romaniajournal.ro/romanian-lady-to-take- Support to PEA Romania. over-leadership-of-association-of-world-election- 26 http://www.roaep.ro/ bodies/

26 Expert electoral nr. 3/2015

elections more effi cient, and making voting easier and more convenient for citizens. However, like other countries – including the United States – who have had experts from OSCE/ODHIR and other groups analyze their elections in recent years, Romania would be well-served by continuing to follow through on recommendations made by these institutions as it moves forward. It should be acknowledged that the PEA has already moved to establish a pool of trained The Future staff for each election, which was one of the more recent recommendations. In particular, This paper has highlighted the a consolidation of the election code for remarkable transition Romania has made in all elections – strongly recommended by the fi eld of election administration, and that ODHIR in its latest report – would build it is a model for other countries in transition. upon the other successes it has enjoyed in It should be applauded for its tremendous recent years.31 As it has done in the past, leadership in international efforts to assist Romania could call upon experts to assist in other emerging democracies around the this effort, and examine best practices used in world, and to recognize that the election other established democracies. 31 process is ever evolving, with new technology and new methods being developed to make 31 http://www.osce.org/odihr/98757 ODIHR 2012 Romania Parliamentary Elections. Final Report.

About the author: Paul DeGregorio is a long-time recognized international election expert who has worked in over 35 countries to promote democracy and the professional development of election offi cials. DeGregorio has served as a technical advisor and Executive Vice-President for the International Foundation of Electoral Systems (IFES) and has also led several OSCE/ODHIR election assessment missions. A former local election offi cial from St. Louis, Missouri in the United States, DeGregorio served as Chairman of the U.S. Federal Election Assistance Commission (EAC) and has received numerous awards for his leadership in election reform, including the Freedom Award from the National Association of Secretaries of State (NASS) and the Distinguished Alumni Award from the University of Missouri – St. Louis, where he received his baccalaureate degree in Political Science. DeGregorio was appointed a Senior Advisor to the Association of World Election Bodies (A-WEB) in January 2014, and also currently serves as a Senior Fellow to the Democracy Fund. A frequent writer and speaker in the fi eld of election reform, he is an honorary member of the Association of European Election Offi cials (ACEEEO) and lifetime member of the International Association of Clerks, Recorders, Election Offi cials and Treasurers (IACREOT). Contact: [email protected]

27 Expert electoral nr. 3/2015

References: http://www.electionguide.org/countries/id/178/ (Romania) Civil Society Programs Financed by USAID in Romania: A Study of Best Practices and Lessons Learned, http://pdf.usaid.gov/pdf_docs/Pnadt366.pdf http://ifes.org/publications/romania-dream-deferred-1990-elections-and-prospects- future-democracy http://countrystudies.us/romania/2.htm „Romania-Almost Free: 1989-1990” Ronald D. Bachman, ed. Romania: A Country Study. Washington: GPO for the Library of Congress. http://aceproject.org/electoral-advice/author/Soudriette http://www.ifes.org/sites/default/fi les/ifes_2012_annual_report.pdf http://ifes.org/sites/default/fi les/r01854.pdf IFES Technical Assistance Romania 1992 https://www.ifes.org/publications/romania-civic-education-project-1994-1997 https://en.wikipedia.org/wiki/Juliana_Geran_Pilon http://www.amazon.com/The-Bloody-Flag-Post-Communist-Nationalism/ dp/1560000627 https://en.wikipedia.org/wiki/Dorin_Tudoran http://carnegieendowment.org/1996/01/01/assessing-democracy-assistance-case-of- romania http://pdf.usaid.gov/pdf_docs/pdabf923.pdf „1992 IFES Technical Assistance Project.” S. Atwood; Marta Villaveces. http://ifes.org/publications/ifes-pre-election-technical-assessment-project-romania- september-8-28-1995 http://www.independent.co.uk/news/world/europe/angry-mayor-shows-his-colours- gheorghe-funar-who-is-a-serious-patriot-insists-there-are-no-hungarians-in-romania- writes-adrian-bridge-in-cluj-1450599.html http://ifes.org/sites/default/fi les/r01853.pdf IFES Technical Assistance Project Romania 1992 http://www.osce.org/odihr/elections/romania/115748 Romania Parliamentary and Presidential Elections 1996 http://www.idea.int/publications/country/romania.cfm; page 150 https://aceproject.org/ero-en/regions/europe/RO/rom_electoral_system.pdf http://www.amazon.com/Every-Vote-Counts-Elections-Collection/dp/0761836764 http://www.roaep.ro/prezentare/en/ Offi cial website of the Permanent Electoral Authority of Romania http://www.osce.org/odihr/98757 ODIHR 2012 Romania Parliamentary Elections. Final Report. http://www.aod.ro/resurse/Thematic%20Evaluation%20-%20Electoral%20Assistance. pdf http://www.aweb.org/eng/bbs/B0000080/view.do?nttId=10305&menuNo=300045 Website of A-WEB http://www.undp.ro/projects.php?project_id=64 UNDP Support to PEA Romania http://www.roaep.ro/ http://www.aweb.org/eng/main.do http://www.aceeeo.org/hu/node/71 http://www.internationalpeaceandconfl ict.org/forum/topics/summer-elect-camp-how- social-media-is-making-a-difference-in-the?xg_source=activity#.VeEpWcqFNOA http://www.romaniajournal.ro/romanian-lady-to-take-over-leadership-of-association-of- world-election-bodies/

28 MEXICO’S POLITICAL SYSTEM AND ITS DEMOCRATIC TRANSITION THROUGH ELECTORAL REFORMS. AN ASSESSMENT OF THE 2015 ELECTORAL PROCESS

Deyanira A. GALINDO RODRÍGUEZ Stephanny CABRAL CARRILLO Head of the International Center for Electoral Electoral Analyst, International Center Training and Research, for Electoral Training and Research, National Electoral Institute, Mexico National Electoral Institute, Mexico

“Democracy is the destiny of future humanity; Liberty, its indestructible weapon; The possible perfection, the goal it is heading to.” Benito Juarez, Mexico’s Constitutional President (1856 – 1872)

Abstract: Abstract:

Mexico developed its 2014 – 2015 elec - În Mexic procesul electoral din 2014 – toral process with the implementation of a 2015 s-a dezvoltat odată cu implementarea new electoral and political reform; the eighth noii reforme electorale și politice, cea de a reform in four decades. From a historical opta reformă în ultimele patru decenii. Din perspective, the Mexican political system perspectivă istorică, sistemul politic mexican has had a revolutionary transformation. The a cunoscut o transformare revoluționară. recent electoral process has revealed a highly Procesul electoral recent a reliefat faptul competitive multiparty system with a mature că există un sistem multipartit puternic citizenship who exercises a reasoned voting concurențial, cu cetățeni maturi care își right which promotes the political alternation exercită dreptul de vot care promovează and the correct checks and balance between alternanța la putere și o separație și un the Executive and the Legislative. Even when echilibru real între puterea executivă și cea the political reforms have achieved most of legislativă. the democratic principles, the road has been Chiar și atunci când reformele politice paved for a new political reform. However, îndeplineau cele mai multe dintre principiile there are two trends: on one side there are democratice, drumul a fost pavat pentru o promoters of the reform who may range nouă reformă politică. Cu toate acestea, se from moderated changes to a change of the întrevăd două tendințe: pe de o parte, există regime; and on the other side, particularly promotori ai unei reforme care vizează the Academia, who consider that politicians schimbări moderate și cei care ar putea

29 Expert electoral nr. 3/2015 try to comfortably make changes through pretinde o schimbare a regimului; și, pe altă negotiations among a close elite instead of parte, în special reprezentanții din mediul going back to their grassroots. academic, care consideră că politicienii încearcă să facă modifi cări confortabile prin Keywords: electoral reforms, demo- negocieri în cadrul unei elite apropiate în loc cracy, Mexico, plurality, multiparty system, să se întoarcă la nivel local. alternation, 2015 Federal Electoral Process Cuvinte-cheie: reforme electorale, democrație, Mexic, pluralitate, sistem multipartid, alternare la guvernare, procesul electoral federal din 2015

Introduction pointed out in his book1, the context does matter; and Mexico is not an exception. Every Unlike a revolution, understood as reform is the result of negotiations when the a complete change or the substitution of a social and political forces are on the edge of process, system or organization, the political a violent confrontation which happens at the reforms have the objective to correct, modify end of every electoral process when there are or introduce elements that will specify protests that challenge the results. or clarify the current legislation; these It is possible to state that, when analyzed from a historical perspective, reforms may be addressed to multiple goals, the impact of all added reforms may be like introducing changes in the process, considered as a revolution of the Mexican institutions, or even the consecution of the political regime. basic principles of citizen’s political rights. Experience has proved that, in democracy, Overview to Mexico’s political political forces need to deliberate to reach system agreements in order to promote a good performance of the government. Mexico is a federal republic made up Through time, the legislative by 31 states and one Federal District where reforms in political electoral matter have the three powers of the Union are settled, and been the element that has prevented social 2457 municipalities.2 In the electoral fi eld, revolutions. The arrangements among the the Constitution mandates the division of the political forces promoted the democratic country in 300 districts and fi ve regions. process as a mechanism used by the ruling Executive Power. The President is the parties to conserve the power by conceding Head of State and Head of Government and in certain fi elds or by opening the system. is elected through universal suffrage for a These reforms, conceded agreements of the period of six years by simple majority. ruling political actors, have been an element for evolution and change in modern societies 1 Dieter Nohlen, El contexto hace la diferencia: that demand the legislation’s adaptation to Reformas institucionales y el enfoque histórico- empírico, edited and introduced by Claudia Zilla, the new reality. Instituto de Investigaciones Jurídicas, Ciudad de In the last four decades, Mexico has México, 2003. introduced eight legislative reforms that 2 The Federal District has a special political have transformed its electoral system; it is denomination; it has an Executive Power through important to remark that each political reform the Chief of Government elected through universal suffrage, a unicameral assembly, a judicial branch and wasn’t an agreement based on the good will some kind of municipalities (16), however it is not an of the political forces; as Dieter Nohlen has autonomous state since it is a federal district.

30 Expert electoral nr. 3/2015

Legislative Power. Bicameral Con- political partiesʼ registration and management gress. The Upper Chamber is the Senate of the fi nances, to the electoral registry, and with 128 Senators, 4 per each state, and the civic and citizen education programs and the Federal District with a mixed system of the transmission of the offi cial results. INE Relative Majority (RM) and Proportional is an autonomous and independent organism Representation (PR) according to the fi ve from the government in its direction and in its regions from a close list. The Lower Chamber budget. The Electoral Tribunal of the Federal is the Chamber of Deputies with 300 deputies Judicial Branch (TEPJF, by its acronym in by RM (one per district) and 200 by PR for Spanish) which is the specialized branch of the fi ve regions from a close list. the Judicial Power, is the last instance for Judicial Power. It is represented by any political right and electoral jurisdictional the Supreme Court of the Nation and has matter. The Specialized Prosecution Offi ce seven members, proposed by the Supreme for Electoral Crimes (FEPADE, by its acro- Court and appointed by the 2/3 of the Senate. nym in Spanish), is a branch of the Executive Each of the 31 states and the Federal Power in charge to prosecute crimes arose District has their three Branch Powers, but around the electoral process. their Congress is unicameral, and they have governance autonomy and each one has its A glimpse to the electoral own electoral management bodies. reforms and their impact There are three institutions related to the electoral fi eld: the National Electoral Opening the system. The Electoral Institute (INE, by its acronym in Spanish) reform of 1977 is the one that led to plurality which is the administrative institution in by recognizing and registering political charge to organize the election: from the forces which were considered illegal. The

Graph 1: Percentage of political Graph 2: Percentage of political parties parties represented in the Chamber of represented in the Chamber of the Senate Representatives from 1973 to 2012 from 1982 to 2012

31 Expert electoral nr. 3/2015 political parties’ registration is introduced at a and 200 by the proportional representation Constitutional level and grants funds for their (PR). But it also introduced the governance activities. As an impact at institutional level, clause, which established limits to the number the Ministry of the Interior creates an offi ce of seats a political party may get by relative for the registration of the political parties in majority and by proportional representation3. the Commission of the Federal Elections. Other important aspects for this reform were The main democratic principle reached was the regulation of funding and granting access the plurality. to media to all political parties. Graph 1 shows the evolution of New institutions are created for political parties representation in the the electoral matter: an Electoral Tribunal Chamber of Deputies from 1973 (previous to (TRICOEL) and a new composition for the the reform) and to 2012, and even when there have been other political parties, at the end of Federal Electoral Commission are redesigned the 90’s when political parties different from allowing the representation of the legislators the PRI have been winning seats and even (1 deputy and 1 senator) and a representative when they lose the majority in the chamber; for each political party present in Congress. while Graph 2 shows the same phenomenon After this reform, the opposition party, but in the Senate Chamber in the period from PAN, won the Baja California governorship. 1982 to 2012. The fi rst map shows the jurisdictions The reform of 1986 was also oriented governed by PAN in 1988 and the second toward the principles of representation and one shows the 2012 map where four political plurality since it increased the number of parties governed: PRI – 21 states; PAN – deputies in the Lower Chamber from 300 to 7 states; PRD – 3 states and Movimiento 500 seats: 300 seats by relative majority (RM) Ciudadano – 1 state. Graph 3: Maps representing the political party governance in 1988 and in 2012

The revolutionary reform of 1990 4 regional Courts are established, one was a breaking point for the Mexican Court for each region by proportional political system. It introduced changes in representation. At the polling stations citizens the institutions and in the regulations of chosen randomly are going to be the polling the political parties, of the campaigns. The station offi cials who receive and count the Federal Electoral Institute where the Minister votes.3 of the Interior is the president of its General The impact of those reforms can Council that is made up of representatives of be observed in the following chart which the political parties and from both Chambers presents the seats won by each political party of Congress. The councilors (citizens) must from 1991 to 2012 only with the Relative not have political background. The Electoral Majority and the governance clause. Tribunal is reformed and its members must be 3 The governance clause is meant to avoid the possibility magistrates specialized in electoral matters; that only one party can reform the Constitution.

32 Expert electoral nr. 3/2015

Graph 4: Table showing the seats each political party holds in the Representative and in the Senate Chambers from 1991 to 2012, by using First Past the Post voting

The 1993 – 1994 reform is known for IFE’s decision regarding political parties, elec- the citizenshipzation (ciudadanización), a new toral training and civic education, electoral word meaning that institutions are formed roll and the administration and management by citizens without a political membership in each of the 300 electoral districts offi ces and background in order to avoid bias. The IFE in each of the 32 offi ces established in each gets autonomy from the government. capital of the federal entities of the Republic. The reform changes again the insti- It is established a threshold of 2% of tutions, aiming to increase representation by the votes for each political party to keep its increasing the number of senators from 2 per registration, coalitions are allowed and the governance clause is reintroduced to avoid state to 4 by a mixed system of MR and PR. overrepresentation. The regulations now are oriented to Regarding the political parties control the spending from the public funding prerogatives, it is established a formula for for political parties by establishing thresholds the public fi nancing: 30% divided equally on expenditures, to limit the type of donors between the political parties registered and and the amount of money, the origin, and 70% according to the valid votes received in to monitor the media access of the political the previous federal election. In the previous parties – that is a new attribution for IFE. chart one can observe that in the 1997 So control and transparency are the main electoral process, the PRI lost the control in principles pursued. the Chamber of Deputies for the fi rst time. In the social fi eld, the local observation The Electoral Tribunal is established is promoted and the international visitors that in the Judicial Branch; to select the magis- come here to know the electoral process are trates, the Supreme Court sends a list with welcomed as there is a fl exible regulation for possible candidates to the President of the their observing activities. Republic who will select three names and The 1996 reform gave more attribu - the Senate will appoint one. The term of the tions to an autonomous and independent insti- magistrates is of nine years and they will tu tion which started the civil professionaliza- be replaced in a period of ten years; their tion on election of its operational offi cials attributions are federal and local elections; who are responsible to apply and to implement every IFE’s decision might be challenged

33 Expert electoral nr. 3/2015 at the TEPJF. The IFE’s councilors are years of hegemonic governance of the appointed by 2/3 of the votes casted in the Partido Revolucionario Institucional (PRI), Lower Chamber from citizens interested and and, for the fi rst time it was governing the fulfi lling the requirements; they would be historical opposition party, Partido Acción serving a period of nine years and would be Nacional (PAN). This phenomenon is also replaced gradually; their attributions are only represented in the states as shown in the for the federal elections. following chart which explains how states In the framework of this reform, have had alternation in governorships be- appeared an alternation for the position of tween the three main political parties: PRI, President of the Republic, thus ending 71 PAN and PRD.

Graph 5: The States governorship in terms of political parties’ alternation

The 2007 – 2008 reform, nicknamed (30 – 70%). IFE gets more control attributions the media control reform, is a huge change for as it is the fi rst complain instance regarding the control of the political parties spending, media challenges. These new attributions by imposing more controls to sources of pri- implied the creation of an Oversight Unit to vate fi nancing, spending and media control. control the political parties and their campaign The law established that non political parties fi nances and a big investment in technology or citizens may buy time in the media: print, in order to monitor the media advertisements TV or radio. All access to media for a political of each political party. IFE gets attributions party must be done through IFE from the and no restrictions to access to the banking, State air time, and it was divided according revenues and income taxes reports’ systems. to the same formula as the public funding

Graph 6: Electoral results of the Presidential elections from 1952 to 2012

34 Expert electoral nr. 3/2015

Due to the frequent competitive The 2014 – 2015 electoral reform, and closed electoral results, a new rule was once again, it is too ambitious and, with the introduced to recount all the votes when electoral process ahead, that implied many there is a difference of 1% or less between challenges. The reform changed the structure the two main candidates. The chart shows the of the former electoral institution and passed percentage results obtained by the candidates on its attributions at local and federal level. of the political parties from 1952 to 2012. In So the former Federal Electoral Institute 2006, PAN’s presidential candidate, Felipe is transformed into the National Electoral Institute (INE). The General Council is Calderón Hinojosa, won with a difference of expanded from 9 to 11 members. INE gets 0.58% of the votes. attributions of coordinating some activities The gender quota, as an affi rmative with the electoral institutions from each of action is introduced, with two mechanisms: the states and the power to nominate their 1. 3% of the public funding for political councilors (the main decision board) and parties shall be for activities meant to promote establishes that the main electoral offi cials and empower women’s candidacies; and (local and federal) must belong to the 2. political parties shall nominate a gender National Electoral Professional Service. The quota of 40 – 60%. For the fi rst time, women attributions as fi rst instance on challenges get 23% representation in Congress. regarding the media are transferred to the This reform was considered too Electoral Tribunal; independent candidates advanced and was thought to be the last one. are accepted, reelection is accepted for some However, the context and the new reality public posts: deputies, senators, mayors, but determined the political forces to negotiate a it is forbidden for President of the Republic new reform. and governors for each federal entity.

Graph 7: INE’s new logo and a picture of the new General Council

New causes for nullifi cation of an exceeding expenses is a cause to annul the election: surpassing the expenses limit by elections. more than 5%; purchasing extra air time for The INE organizes and conducts electoral advertising besides that which is federal elections along the same lines that legally approved and illegal funding. IFE did, but will also exert responsibilities The gender quota is 50 – 50 and over the local elections, including: distric- the threshold increased to 3% of the valid ting; regulations on electoral surveys and votes; more controls on the expenses of the electoral observation; provision of preli- political parties demand that they must report minary results and oversight of parties and all expenses in a short period of time as INE campaign fi nances, among other issues. has to review all fi nancial reports because

35 Expert electoral nr. 3/2015

Graph 8: Changes in the electoral reform 2007 – 2008 and 2014 – 2015

Reform 2007 – 2008 Reform 2013 – 2014 THRESHOLD TO HAVE 2% 3% PROPORTIONAL REPRESENTATION

Up to an 8% variation in the Up to an 8% variation in the seats-votes GOVERNANCE seats-votes relation in Federal relation in Federal Congress and Local CLAUSE Congress Congresses

A gender equity 50 – 50% mandate is Gender quota based on the 60/40 GENDER EQUITY guaranteed for nominations made by political pairing parties on a federal and local level.

Rights and prerogatives were INDEPENDENT Prerogatives to public fi nancing and free radio bound to defi nitions set in the CANDIDACIES and television access are guaranteed. Regulations Legislation.

On a federal level, congressmen may be reelected up to two or four terms. REELECTION There were no reelections. On a local level, municipal authorities may be reelected for a single term and local legislators for up to four terms.

Elections for president and senators. Some Just for President of the local entities have regulations to elect Republic. governors.

VOTING ABROAD Voting card may only be Issuing of the voting card may also be done and obtained on national territory. obtained abroad.

Postal voting Mixed mechanism to be introduced: postal voting, electronic voting and e-voting

It would be hard to provide all the The Federal electoral process details on each electoral reform and their 2014 – 2015 own impact in the political system in just few pages, so the above lines only outlined some The electoral process was a challenge of the most transcendental changes and the for the authorities. The fi rst challenge was charts and graphs explain by themselves the the implementation of the approved reform impact on the Mexican Political System. of April 2014: the electoral process offi cially In the following section will be started in October 2014, and E-Day was set presented the impact of the last political on Sunday, June 7th, 2015. Plus, according to electoral reform in the recently federal and the new attributes, the INE had to organize local electoral process of June 7th, 2015. and coordinate the federal elections for the 300 representatives and the local elections for 17 states, including the selection and appointment of the Local Public Electoral Organism’s (OPLE) councilors.

36 Expert electoral nr. 3/2015

Graph 9: The Federal Electoral Process. Map of the Mexican Republic presenting the states which held elections at the same day.

The second challenge was the had been implicated; and a confl ict of interest complexity of the social and political context involving the President Enrique Peña Nieto in Mexico: the teacher’s union and the PRD and his wife. In addition to the technical protested the educational reform, particularly diffi culty of the electoral organization, sev- in the states of Guerrero, Michoacán, Oaxaca, eral groups of people called to annul the votes, and the Federal District; the augmentation and some more extremists tried to boycott of insecurity due to the combat against the elections by taking violent actions against drug dealers by State forces; the killing of 21 political party members, candidates, and INE’s facilities and personnel, and destroying pre-candidates; the decrease of families’ electoral materials. income due to a long economic crisis; the The last challenge was the orga- disappearance of 43 students in which the nization of one of the biggest elections in local authorities from the state of Guerrero Mexican history.

Graph 10: Table presenting the elections numeralia regarding INE’s challenges in the logistics and the political contest at stake 4

Numeralia4 INE Political parties 83.5 million citizens able to vote 10 political parties competing, where 3 parties were newly  48% men registered; plus independent candidacies  52% women Random selection of 8 million citizens from the electoral list who might be elected as polling 2,179 public positions to be elected station offi cials. 1 million citizens elected and trained to be 4,496 candidates for MR representatives polling station offi cials 149,043 polling stations 22 independent candidates registered in 12 states 41 million TV and radio spots administered by 2 coalitions INE for the federal and local campaigns 12,215 fi nancial reports from pre-candidates and aspirants: Public funding: 5 billion pesos (approx. 2.5 billion USD)  4,558 – federal candidacies  7,658 – local candidacies Organization of the Children and Youth Poll

4 Rounded numbers.

37 Expert electoral nr. 3/2015

Since the 2009 electoral process, INE’s decision was based on the fact that it INE had to administer the State time in radio was up to the citizens to decide if the PVEM and TV, facing the powerful discontent of should keep its registration according to the media businessmen, but for this electoral electoral results obtained by it. process the number of advertisements was, The electoral campaign was in itself, a challenge although it was fulfi lled characterized by the tight competition among by the media entrepreneurs by 98%. But the political forces. The multiparty system the violations done by the political parties represented a challenge to the political parties on the use of this mean was the topic of in two ways: on one side to get the preference most sanctions processes boarded by INE’s of the voters in order to reach the threshold General Council and the political party of 3% of the national valid votes to keep PVEM was the most fi ned with a total of 26 their registration; and on the other the 10 fi nes summing 596 million pesos. The INE’s political parties plus independent candidates General Council was pressured by other contending in a plural society discontent political parties and by the citizens to debate with most of the political parties as they were if the PVEM should keep its registration perceived by the voters as the most corrupt and should compete in the electoral process. and untrustworthy.

Graph 11: The chart presents the 10 political parties which participated at the 2015 electoral process in the order they got their own registration

The results the polling station and then the offi cial tally sheet and the electoral material are taken to E-Day was conducted in a peaceful the district board to register and deliver the environment with few and localized prob- district results to the data base5. lems, most of them in Michoacán, Guerrero The law establishes that the only and Oaxaca. These problems were registered authority to provide electoral results is INE. and prosecuted by the FEPADE. Even when the offi cial results are delivered After the closing of the polling stations (18 hours or when the last citizen in 5 No other media, political party nor polling surveys line has voted) results are fi rst posted out of are allowed to provide their own estimates after 20 hours on E-Day.

38 Expert electoral nr. 3/2015 the fi rst Wednesday after E-Day, INE The Preliminary Results Program provides the preliminary results through two (PREP) works only for 23 hours, it is a tool mechanisms: which is established to provide the results Fast counting is a statistical tool in introduced in the data base, their precision which a percentage of polling stations from being of 98.7%. the whole country are registered to provide The results were very close to the an estimate and the tendency of the results in offi cial results which were recounted at an average of two to three hours. district level. Graph 12: The chart shows the results obtained by each political party for the Lower Chamber according to the Fast Counting (left column) and the PREP (right column)

According to the offi cial results, the annulled votes reached 4.88% of the balance of the E-Day was as follows: total, less than the 2009 electoral only 182 out of the 149,043 polling process; stations could not be installed in INE had to recount votes in 300 only 10 districts from the 300 federal districts, which meant opening districts in fi ve states, meaning 0.12%; and recounting 92,098 electoral in 410 polling stations the elections packages, 61% of the total polling were suspended, representing 0.27%; stations; in 145 of the suspended polling sta- two political parties lost their tions the elections were interrupted registration: PT and Humanista; due to violence and 245 cases were two elections were annulled, one due to the destruction and robbery because of the active proselytism of of electoral packages, mainly in the current governor of the state; the states of Oaxaca Guerrero and these elections meant the alternation Chiapas; 56 people were arrested for in 102 districts; federal electoral crimes; 6 out of 125 independent candidates the citizen participation was of 39.87 won the elections: 1 governorship; million voters; it meant a 47.72% 1 federal representative; 3 mayors turn out, an increase of 3 points and 1 local Congressman; from the previous midterm electoral the new composition of Congress is process (2009); presented in Graph 13.

39 Expert electoral nr. 3/2015

Graph 13: Composition of the Chamber of Representatives for the 2015 – 2018 period

Conclusions in order to nominate candidates; 4) equal opportunities for the candidates to media The lessons learned from the past access and publicity; 5) neutrality from the electoral process reveal that no political government in the organization of the electoral party neither won nor lost everything; there process; 6) warranties to freely exercise the is a plural and highly competitive political right to vote; 7) public and transparent vote system. Citizens in Mexico have proved counting; 8) assignment of the legislative maturity in the exercise of a reasoned vote seats according to the law; 9) existence of an and preferred the democratic channels to independent authority to solve the confl icts demand the attention to the public interest arose during the electoral process.” and the problems the country faces, despite However it is not yet the end of the the fact that there were strong voices calling reform process since, again, political parties to the boycott and the great disappointment are calling to negotiate another political and distrust of the political parties. reform and some of the topics to review are Mexico, who in the 20th century was based on the reiterated violations done by defi ned as a democracy, in fact, it was ruled PVEM; or to decrease the number of seats by only one political party for more than in the Lower Chamber. But there are some 70 years. The winner of the Nobel Prize in political analysts who go farther by consider- Literature, the Peruvian Mario Vargas Llosa ing the implementation of a second round for described the Mexican political regime as the presidential elections in two scenarios: if the Perfect Dictatorship by stating that, even the candidates don’t reach a threshold of 50% though Mexico held periodic elections, these of the votes or if the result is too tight. were smokescreen since all of the candidacies Even though President Benito Juárez and the popular election positions were said that “democracy is the possible perfec- assigned by the political elite of the hegemonic tion, the goal for which we strive”, citizens party PRI, pointing out that this regime had all are tired of new rules for every electoral the characteristics of a dictatorship, not under process and many analysts6 have raised their the rule of one person but of one party; and voices stressing the fact that political parties the Mexican political analyst, Enrique Krauze, must get back to the grassroots to convince named it as the “Dictablanda”, meaning the citizens, and that public offi cials should Soft Dictatorship. provide effi ciency during their tenure instead Analyzed through the lenses of the of trying to solve every problem through electoral reforms, Mexico could fi t in Giovanni reforms. Sartori’s (1988) list of democracy requirements: “the government exercised by representatives 6 Statement from Soledad Loaeza, Mexican Professor freely elected through: 1) the universal right to at Colegio de Mexico, during her participation in the International Visitors Forum for the 2015 Federal the suffrage; 2) the celebration of regular and Electoral Process, organized by the International Affairs periodic elections; 3) freedom of association Unit of the National Electoral Institute of Mexico.

40 Expert electoral nr. 3/2015

About the authors: Deyanira GALINDO RODRÍGUEZ studied International Relations at the National Autonomus University of Mexico (UNAM) and has Master studies on Human Rights and Democracy from the Latin America Faculty on Social Sciences (FLACSO-Mexico). She has a long career in the public sector, she has worked for the Ministries of Foreign Affairs and Interior. From 1999 to 2003 she worked at the Mexican General Consulate in New York as Consular Offi cial and Advisor at the Offi ce of Liaison with the Media. In the electoral fi eld she has 10 years of experience since she has worked for the International Affairs Unit at the, nowadays, National Electoral Institute (INE), from 1993 to 1995 as Deputy Director for Electoral and Governance Research and since 2008 until 2015 she has headed the programs which led to run the International Center for Electoral Training and Research (CICIE). Stephanny CABRAL CARRILLO studied Political Sciences and Public Administration at the National Autonomous University of Mexico (UNAM). She has worked for political consultants offi ces and NGOs promoting citizen’s participation and since 2013 she works for the, nowadays, National Electoral Institute (INE) at the International Affairs Unit for the International Center for Electoral Training and Research (CICIE).

References: CPEUM, Constitución Política de los Estados Unidos Mexicanos, México: Instituto Nacional Electoral, 2014 LGIPE, Ley General de Instituciones y Procedimientos Electorales, México: Instituto Nacional Electoral, 2014 Cámara de Diputados, Encuesta Nacional de Opinión Pública: Evaluación del Instituto Nacional Electoral, Centro de Estudios Sociales y de Opinión Pública, April 2015, p. 18 Woldenberg, J., Menos spots más ideas, Voz y Voto, no. 269, July 2015, p. 10 – 12 Instituto Nacional Electoral 2015, ABC de la Fiscalización. Accessed at [31 August 2015] Instituto Nacional Electoral 2015, Estadísticas del Padrón Electoral y Lista Nominal de Electores al 28 de agosto de 2015. Accessed at [28 August 2015] Instituto Nacional Electoral 2015, Glosario. Accessed at [28 August 2015] Instituto Nacional Electoral 2015, ¿Qué es el PREP? Accessed at [2 September 2015] Arteta, I., “‘El Bronco de Guanajuato’, otro independiente que ganó en las urnas”, CNN México, 11 June 2015. Accessed at [2 September 2015] Deydén, A., “Participación ciudadana ‘la carta’ de Pedro Kumamoto en el Congreso”, CNN México, 9 June 2015. Accessed at [2 September 2015] Ibarra, P., “‘El Bronco’ hace historia al ganar la elección de gobernador en Nuevo León”, CNN México, 8 June 2015. Accessed at [2 September 2015]

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Langner, A., INE falló como contrapeso de los partidos: CIDAC, El Economista, 19 August. Accessed at [31 August 2015] Martínez, D., “Martínez Alcázar: el expanista que ganó en Morelia como independiente”, CNN México, 10 June 2015. Accessed at [2 September 2015] Velázquez, C., Clouthier Carrillo recibe constancia como diputado independiente, El Financiero, 11 June 2015. Accessed at [2 September 2015] CNN México, “Bancada por bancada, así será San Lázaro en la 63 Legislatura”, 24 August. Accessed at [1 September 2015] La Jornada 2015, “El mensaje en estos comicios fue que la gente rechaza la violencia: Osorio Chong”, 9 June. Accessed at [2 September 2015] http://mexico.cnn.com/adnpolitico/2015/06/10/los-independientes-debutan-con-el-pie- derecho-en-las-elecciones Sartori, Giovanni, Theory of Democracy Revisited, Chatham House, New York, 1987. Publicada en la revista italiana Teoría Política no. 1, 1988

42 SPEED WITHOUT MOTION: ELECTION ADMINISTRATION IN AN EMERGING DEMOCRACY – THE CASE OF NIGERIA

Ph.D. Samuel Olugbemiga AFOLABI, Ph.D. Maryam Omolara OUADRI, Assistant Professor, Department of Political Lecturer, Department of Political Science, Science, Obafemi Awolowo University, Ile-Ife, University of Lagos, Nigeria Nigeria

Abstract: Abstract:

In a liberal democracy, elections Într-o democrație liberală, alegerile remain the irreducible factor. In developed sunt un factor ireductibil. Dacă în democrațiile democracies, issues of elections and their consolidate nu se pune un accent considerabil administration are taken for granted and pe aspecte privind alegerile și administrarea lor, the Electoral Management Body is seen as iar organismele de management electoral sunt impartial, but this is not so in developing privite ca fi ind imparțiale, situația este diferită countries. Elections in developing societies în statele în curs de dezvoltare. În aceste societ ăți, are seen and approached as a “do or die alegerile sunt privite și abordate ca o problemă affair”, requiring all legal, illegal and „de viață și de moarte”, care necesită toate extra-legal means of securing the so-called măsurile legale, ilegale și extralegale pentru a securiza așa-numitul „mandat al poporului”. peoples’ mandate. Thus, the administration of Astfel, administrarea alegerilor devine singurul elections becomes the most important factor factor important într-o nouă democrație. Modul in an emerging democracy. How elections în care alegerile se desfășoară și rezultatul are handled and the outcomes sometimes acestora determină uneori dacă aceste demo- determine whether democracy gives way crații sunt înlăturate de lovituri de stat militare to military coup or becomes stunted. This sau dacă sunt oprite din dezvoltare. Prin urmare, paper therefore examines why elections have această lucrare analizează de ce alegerile remained mired in controversy, violence and au rămas învăluite în controverse, violență și unacceptable to the mass of the people since inacceptabile pentru marea masă de oameni, Nigeria returned to civil rule in 1999. The deoarece Nigeria a revenit la un regim civil în paper also attempts to provide answers as 1999. Lucrarea încearcă, de asemenea, să ofere to why the more elections are conducted, the răspunsuri cu privire la motivul pentru care more controversial they become, resulting cu cât mai multe alegeri se desfășoară, cu atât in speed without motion in Nigeria. In this mai controversate devin, rezultând viteză fără context, the paper aims to provide possible mișcare în Nigeria. Scopul lucrării este de a solutions to problems of elections and their oferi posibile soluții pentru problemele privind administration in the country. alegerile și administrarea lor în această țară.

43 Expert electoral nr. 3/2015

Keywords: Nigeria, state, democracy, Cuvinte-cheie: Nigeria, stat, democra- elections, election administration, electoral ție, alegeri, administrarea alegerilor, fraudă fraud electorală

Introduction emerging democracies to conduct free and fair elections continued to be an issue of concern In a liberal democracy, elections in the electoral history of those countries as remain the irreducible factor. Election their experiences at democratization have administration is of critical importance shown defi cit in their electoral process. While for the enthronement of democracy and elections have remained the most obvious understanding democratic transition. Democracy as a concept and a system of rule framework in distinguishing military regimes has always been associated with elections. from civilian ones, democracy itself has Whether direct or indirect, elections have been mired in controversies and sometimes often provided the means of achieving a truncated as a result of failed elections. democratic rule. Elections therefore “are the The case of Nigeria particularly key institutions of representative democracy... calls for investigation as experience has When they are open and competitive, it allows shown that since its return to democratic voters to decide which persons or parties governance in 1999, successive elections shall control their government” (Butler and towards each transition have been embroiled Ranney, 1992: 1). It is the freedom of an in controversy. There has been substantial individual to choose whosoever pleases him evidence that elections conducted in Nigeria that distinguishes a democratic government through the years are always marred by from a military regime. irregularities. If there is a consensus that Theoretically, elections involve elections are part of the critical process choice. The choice is usually determined for understanding democratic transition, it and made from a set of alternatives set becomes important to examine the role of the before the voter. The choice could either be institution responsible for the administration picked as a result of the attractiveness of the and management of elections especially in manifestoes or as a result of the personality emerging democracies. This is more so as of the contestants. Voting therefore involves Pastor (1999) observes that the character, picking a particular choice among a set of competence and composition of EMBs can choices set before the voters. Inasmuch as the determine whether an election is a source above explanation is true, voting however is of peaceful change or a cause for serious not limited to personality or programme of instability. Lopez-Pintor (2000) argues that if action of contestants alone. Other factors/ “democratization involves the construction institutions could be at play and infl uence of participatory and competitive institutions voters’ choice as well as determine electoral […] then EMBs are important institutions outcomes. The most powerful factor/ for democracy-building”. They deal directly institution that infl uences voters’ choice and with the organization of multiparty elections electoral contest and outcome in Africa are and indirectly with governance and the rule the Electoral Management Bodies (EMBs) of law. (Obiyan and Afolabi, 2013; Ake, 2000; This paper therefore focuses on Pastor, 1999; Held, 1996; Nwabueze, 1993; the role of EMBs in troubled democracies Dunn, 1992). using Nigeria as a case study. We argue that In developing democracies, EMBs administration of elections and the totality play an important and crucial role in the of the framework (electoral system) guiding establishment and consolidation of the such elections would have an impact on the democratic rule. However, the level of success or otherwise of democratic system in administrative capacity and competencies of a developing country like Nigeria. We adopt

44 Expert electoral nr. 3/2015 a critical analysis method to discuss the of virtually all adult citizens to vote and be electoral and political situations under which guaranteed a range of familiar political and EMBs in Nigeria have functioned and explain civil rights in any society. Thus, elections, why in spite of repeated “elections”, votes do whether directly or indirectly, involve not seem to count and elections are adjudged individuals, groups and the EMBs. Elections most times as not credible. We, however, in the public realm involve the voters and the provide explanations as to why democracy umpire. The voters are the individuals, while in Africa is controversial, troubled and has the umpire is the Election Management Body stagnated, which has resulted in what we (EMB). Each role is unique, not mutually refer to as speed without motion. exclusive and is usually complementary. Therefore, in the public realm or politics, Elections, Democracy and election is a decision-making process that EMBs: A Conceptual Discourse the individual voter uses to determine the persons who would hold public offi ces. It We reiterate here the notion that is the principal vehicle that citizens use to elections involve choice. But the choice determine who rules over them. Irrespective itself is subject to various infl uences that of ideological differences, elections are could be internal or external. Elections also generally considered powerful enough to mean different things to different people. infl uence public offi ce holders and thus shape While some see them as the determination of public policies (Afolabi, 2014). who gets what in a political system, others The discussion so far has to do see it as the determination of who gets what with a system of governance where rights by the mass of the people (Ake, 2000). Even of individuals to choose their rulers are within the mass of the people, there are guaranteed and that is democracy. This refers certain discriminations that may be based on to a set of ideas as well as to a system of rule. wealth, property, and gender among other It is a system of rule or a form of political factors (Crowder, 1978). Yet, it is important system in which the individual and the to note that elections occur in everyday life generality of the citizenry have the right to experiences and take on more signifi cance engage in self government and self regulation when it comes to the issue of public space and in any political society. The engagement offi ce. Therefore, elections “serve certain could be undertaken by participating purposes and help to guarantee, ceteris directly in governance or indirectly through paribus, democratic values of equality of representatives elected by them. Embedded individuals and liberty to decide a course of in any defi nition of democracy is the issue of action or who to vote for” (Afolabi, 2011). who constitute the people and to what extent In other words, elections mean “a procedure the people could infl uence those in power. that allows members of an organization or Attempts at defi ning who the people are and community to choose representatives who the limits of their infl uence have thrown up will hold positions of authority within it” variants of democracy which include, but (Ujo, 2000:1). The critical features of this are not limited to, Classical Democracy, defi nition of elections are 1) procedure or Liberal Democracy, and Social Democracy process, 2) population or people, 3) represen- among others. The ideological position and tatives and 4) positions of authority, whether emphasis on any of the values of democracy governmental or nongovernmental. These usually determine the type of democratic features are important in any discussion of governance or variant in any given state elections. However, in discussing liberal [Afolabi, 2011(b)]. For liberal democracy democracy, Schumpeter believes election is however, which Nigeria aspires to and the opportunity people have “of accepting practices at a rudimentary level, democracy is or refusing the men who are to rule them” seen as a system that permits people to have (Schumpeter 1976:270) while Sandbrook their say, especially through their votes, but (1988) argued that election implies the right with limited infl uence in the decision-making

45 Expert electoral nr. 3/2015 process that directly affects their lives. In this 6) tabulating the votes; perspective, democracy is seen as a method 7) making the votes count. or an arrangement through which the ruled In addition to the process and structure give their consent to the rulers (Schumpeter, of elections, Jennings (1993:3) recognizes 1976; Ake, 2000; Acemoglu and Robinson, that voters’ education on electoral issues 2006; Peter, 1998). by an EMB is one of the most important Election administration is concerned work an EMB should engage in as well as with management of elections by an electoral being crucial to having credible elections. management body (EMB). Jinadu (1997) sees According to him, election administration as “the organization “We must constantly remind ourselves and conduct of elections to elective public that elections are political processes not (political) offi ce by an electoral body”. For merely technical exercises. Often elections, him, subsumed in election administration are and therefore voter education, occur in the the structures and processes. By structure transitional or developing societies within is “meant the bureaucracy that is set up a political context conditioned by painful to or established to organize and conduct economic experiences associated with moving elections”. The Independent National from centrally planned to market-oriented Electoral Commission (INEC) is a good economies and/or from military or one-party example. By process are “meant the rules, regimes to pluralism. The political context procedures and activities relating, among at the time of an election normally may others, the establishment of electoral refl ect concerns such as economic recession, bodies, the appointment of their members, environmental degradation, skyrocketing unem - the registration of voters, the nomination of ployment and social disintegration. Moreover candidates, balloting, counting of the ballots, in many transitional countries large sectors declaration of results, the selection and of citizens may have lost faith in public training of electoral offi cials, constituency institutions, either because of the traumas of delimitation, voter education and, in some the prior undemocratic regime or because of cases, registration of political parties and disappointment in politicians during the early supervision of party nomination congresses” phase of transitions. Of course in some countries (Jinadu, 1997:2). Furthermore, the EMBs politicians who claimed to be democratic may are usually the legally recognized body have turned out to be just as autocratic as the or institution charged with the conduct of previous rulers. In such situations citizens may elections. Thus, we cannot talk of election have completely withdrawn from the political administration without mentioning Electoral process” (Jennings, 1999:3). Management Bodies responsible for that In Nigeria, incidence of voters’ apathy is election. Therefore, an Electoral Management high and increasing and cases of withdrawal from Body is “the organization or body which has electoral contests and processes by individuals the sole purpose of, and is legally responsible and political parties abound. Such withdrawals for, managing some or all of the elements that are often attributed to the shortcomings of the are essential for the conduct of elections and Electoral Body. For Jennings therefore, it is not of direct democratic instruments – such as enough for EMBs to teach voters when, how and referendums, citizens’ initiatives and voters’ where to vote. EMBs must also educate voters recall” (Wall et al., 2006). The core elements that voting will make a difference because, of election administration are: “voters must have confi dence in the integrity of 1) determining who is eligible to vote; the electoral process. Building public confi dence 2) delineation of constituencies; in the electoral process requires that voters 3) receiving and validating the nomi- hear the voices they trust and respect from civil nations of electoral participants (for elections, society – i.e. from respected civic and religious political parties and/or candidates); institutions, community leaders. It simply is 4) conducting polling; not enough that governmental authorities and 5) counting the votes; electoral management bodies conduct voter

46 Expert electoral nr. 3/2015 education, as important as such efforts are to arise are taken care of without any bias or genuine elections” (Jennings, 1999:4). prejudice. Election results are known and Apart from the issues raised in announced on the news media with the terms of structure and process of election contesting parties and people having implicit administration, there are other critical issues faith that such results are honest, true and in election administration or management impartial. But in developing countries, issues including but not limited to problems of of election administration are not that easy funding of the EMBs, logistics, the pervasive and straightforward. Due to a combination role of the state, tenure of offi ce and autonomy of factors, election administration in Nigeria of the EMBs, among others (Mozaffat and has often been mired in controversies, Schedler, 2002; Lopez-Pintor, 1999; Norberg violence and sometimes in the truncation and Obi, 2007). of democratic aspirations of the people and democratic rule itself (Joseph, 1991; Ikpe, EMBs in Developing Democ- 2002; Aloysius, 2009). In Nigeria, there are racies: Election Administration in instances where political parties and their Nigeria candidates have boycotted elections when they felt that the electoral process would not Jibrin and Garuba (2010) observe favour them and that the electoral agency that “contemporary discourse of liberal is biased. Therefore, the free, fair, effective democracy has recognised and appreciated and effi cient administration of election rules the place of a free and fair electoral process (election administration) is as important as as a critical component of any effort to the rules themselves (electoral system) in any enthrone a democratically responsive and developing country. The type of an electoral development-focused government. None- system adopted in any country would have theless, very little attention is paid to the great impact on the structure, sustainability importance of a truly independent and and functions of election administration non-partisan electoral management body as bodies. Therefore, there is a direct correlation an essential ingredient of such a system”. between the type of electoral system being Administration of free and fair elections used, election administration and democra- is the core of the democratic process. In tization. developing democracies without a history Jinadu (1997) observes that given of strong democratic institutions, EMBs can the nature of Nigeria’s politics, issues of help promote or detract from the credibility funding, constituency delimitation, voters’ registration, etc. directly impact on the of the electoral process and ultimately the performance of EMBs. regime itself, depending on the perceived On the current EMB in Nigeria, legitimacy of the EMBs (Kerevel, 2009). Ibrahim and Garuba (2010), in a study of the The integrity of the political process and Independent National Electoral Commission the resultant outcome are greatly infl uenced (INEC), found that defi ciencies in capacity by the perception of the electorates, and organizational governance directly political parties and their candidates. Most limit the ability of public institutions (INEC of the citizens tend to demonstrate their inclusive) in Nigeria to function properly. commitments to democracy at the polls Writing on election administration in only when there is confi dence in the EMBs Nigeria, Chukwu analysed the relationship responsible for the conduct of elections. As between the 1999 Constitution and conduct it is with electoral systems, effi cient and of elections by INEC in 2003. He believes effective election administration is taken that the 1999 Constitution is grossly defective for granted in developed countries. There, and does not safeguard the independence the charges of prejudice or bias against the of INEC. He therefore concluded that the electoral body and its rules and conduct are 1999 Constitution contributed to the dismal few or almost non-existent. This is because performance of the electoral body in 2003 in advanced democracies, problems that general elections (Chukwu, 2007).

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A former head of INEC Guoabadia c) unreliability of voters’ registers, gave an insider perspective on INEC and the and failure to deliver them on time, and conduct of elections in Nigeria. He stressed receive claims and objections against them, that provision and effi cient use of technology, in line with regulations; confi dence and trust, and regulation of d) manipulated nomination processes, political party activities would help the at party level and by electoral bodies or Commission to achieve the organization and their offi cials, including failure to receive conduct of credible elections (Guobadia, 2005). nomination papers of opposition candidates The problems faced by the Nigerian or the requirement for prohibitive nomination EMB are multifaceted and multidimensional fees and deposits by candidates; and include institutional (INEC structure), e) stuffi ng of ballot boxes, either legal (electoral laws and system) and within the polling units or elsewhere; perception (people) problems. Yet, the place f) multiple voting and voting by under- and importance of the EMB in Nigeria in the aged or unregistered/surrogate people; electoral process and matters cannot be over g) falsifi cation of results; emphasized. h) electoral violence, during elec- History of elections in Nigeria is tioneering campaigns and on voting day; replete with controversy born out of election i) the partisan role of the Police and rigging, violence, and electoral fraud, outright security services to harass candidates and in condemnation of electoral exercise and encouraging or not taking action to prevent rejection of election results. In most cases, electoral malpractices before and during electoral litigations delayed the completion election; and of electoral competitions and declaration of j) tardy and expensive adjudication winners. Hence the defi cits in the country’s processes, which encourage electoral impu- electoral history. Jinadu (2011) provides nity” (Jinadu, 2011:108 – 109). a checklist of the defi cits in the country’s Unarguably, the performance of the electoral history: electoral management bodies in the chequered “a) the abuse of the power of incumbency; history of the country’s administration and b) severe fi nancial and logistical con- management of elections has been described straints on the work of electoral man a ge- in several quarters as unsatisfactory and at one ment bodies necessitating depen dence on time or the other the electoral management state and local governments by fi eld offi ces body described them as incompetent to manage of the electoral bodies; electoral process. Names of Nigerian Electoral Management Bodies and their Chairmen 1958 – 2010

Source: Adapted from Jinadu (2011), Nigeria, in Fall, I. M., Hounkpe, M., Jinadu A.L., and Kambale, P. (eds.), Election Management Bodies in West Africa – A Comparative Study of the Contribution of Electoral Commissions to the Strengthening of Democracy.

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Since the 1960 Constitution, the only registered male adults were permitted to membership of the Electoral Commission vote. In this instance, voting was by secret (EC) has changed several times. This is ballot. The administration and conduct of the partly due to the increasing number of states election generated a lot of controversy such in the federation, but also to changes in the that accusations were freely traded against provisions for appointing the members, as the British colonizers. They were accused laid out in the country’s constitutions and of manipulating the electoral system and electoral laws (Jinadu, 2011). It is worthy administration to favour the North to clinch of note that elections since 1998 when Gen. power at all costs. These distortions laid the Abdusalam Abubakar dissolved NECON foundation for the manipulation of the future had been conducted by INEC. And none elections and the attendant controversies except the 2011 had gone without serious (Post and Vickers, 1973; Mackintosh 1966). controversy delaying its execution. Twelve political parties were reg- istered to race for the 1959 elections but in Speed Without Motion: A reality only three strong parties emerged. Paradox of Nigeria EMBs and The three parties, Northern Peoples Congress Democratic Consolidation (NPC), Action Group (AG) and National Nigeria’s chequered history of Council of Nigeria and Cameroons (NCNC) democratic elections reveals that the represented the three major ethnic groups in problem associated with the conduct and Nigeria and were led by Sir Ahmadu Bello, management of elections is a central factor in Chief Obafemi Awolowo and Dr. Nnamdi the breakdown of democratic regimes in the Azikiwe respectively. It should be noted that country (Momoh and Adejumobi as cited by the management of the elections left much Jibrin and Garuba, 2010:27). to be desired. The political parties and their The general election of 1959 was the leaders campaigned vigorously across the election that gave the right to the indigenous length and breadth of Nigeria. The parties rulers of Nigeria. The Electoral Commission traded charges of violence and hooliganism of Nigeria was established to conduct elec- with each other. Left unattended were issues tions to various political offi ces of that period. that concerned the people. Primordial and In spite of the Commission’s best efforts, the ethnic sentiments were messages of the 1959 elections were contested by regionally campaigns. More so, abusive language, based sociocultural political parties that relied ethno-religious (tribal) slurs and violence heavily on their ethnic support to gain access featured prominently. However, the symbols to power. However, it should be noted that the of the dominant political parties helped the 1959 elections were managed and supervised campaigners to sell their identity and party by the British colonial masters and some programmes. The NPC had the Hoe as its Nigerian appointees. The administration of symbol/logo, while AG had the Palm Tree the elections was supervised by an electoral and the NCNC had the cock as its symbol. body headed by a Chief Commissioner, Mr. The NPC won by a simple majority R.E. Wraith with an Executive Secretary, and it had to go into alliance with NCNC to Mr. J.J. Warren. Four Nigerians – Mr. form the government at the centre. The AG M.A. Shosilva (Lagos), Prof. Oritsejalomi thereafter became the offi cial opposition in Thomas (West), Alhaji Muhammed Bello the parliamentary system of government (North) and Mr. Anthony Aniagolu (East) in operation then. It should be noted that were later appointed to join the Commission voting and election results refl ected ethno- as members. The Southern Cameroon religious sentiments of each major party in was represented by Mr. K.A. de Bohn. All its stronghold despite the presence of smaller registered adults in the West and East were parties that were affi liated with other “outside eligible to vote except in the North where based” major political parties (Dudley, 1982).

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The emergent civilian administration NCNC quickly agreed to a political alliance of Tafawa Belawa established the Federal called the United Progressive Grand Alliance Electoral Commission (FEC) in 1960 to (UPGA) and which was headed by Dr. M.I. conduct the federal and regional elections Okpara, Premier of the Eastern Region to in 1964 and 1965 respectively. However, race for the 1964 federal elections. The NPC the civilian administration formed by the in turn teamed up with Chief Akintola’s Northern People Congress (NPC) and the Nigeria National Democratic Party (NNDP) National Council of Nigerian Citizens to form Nigeria National Alliance (NNA) led (NCNC) was a coalition of ideological by the Premier of the Northern Region, Sir opponents faced with active opposition Ahmadu Bello. from the Action Group (AG). Each political The 1964 general elections thus party was essentially regionally-based and took place under a tense atmosphere. The dominated by the major ethnic groups in delimitation of constituencies based on its regions. The NPC was dominated by controversial census fi gures by the Electoral the Hausa Fulani in the Northern Region, body was adopted despite opposition from the NCNC was for the Igbos in the Eastern NCNC and AG. In the Western and Northern Region and AG for the Yorubas in the Western Regions, the campaigns were marred by Region. As was to be expected, the rivalry violence and UPGA’s supporters were not among these parties soon degenerated into an allowed to campaign freely there. In fact, inter-ethnic struggle for national ascendancy there were lots of arbitrary arrests and and gave rise to political instability and lack imprisonments. UPGA’s call on the electoral of national consensus. commission to postpone the election was In 1962, a split occurred in the Action rejected and as a result it decided to boycott Group over attempt to relieve Chief Samuel the election. Despite this, the election was Akintola of the premiership of the Western held and the NNA won decisively. There Region. The ruling federal coalition seized was no election in the Eastern Region. The the opportunity to settle scores with the AG, boycott in the Mid-West Region and Lagos suspended the regional government and was also hugely successful (Anifowoshe, appointed an administrator to take charge 2003). But the tensions and violence arising of the region for six months. In 1963, Chief from the elections conducted by FEC and its Awolowo and other leaders of AG were boycott in many parts of the country resulted jailed on charges of treasonable felony and in a military coup d’état. The coup of January Chief Akintola was restored to his position as 15, 1966 brought the military into civil Premier following a Supreme Court ruling. governance. The military in 1966 dissolved In attempts to weaken Chief Awolowo’s the electoral body and it was not until 1978 political base, a fourth region, the Mid- that another electoral body was created Western Region was carved out from the to manage another electoral process. The Western Region (Dudley, 1982; Kurfi 1983). electoral contest and process under the First In 1964, it was the turn of the Eastern Republic were thus severally compromised Region and the Mid-Western Region to and fl awed. The political parties and their feel marginalized following the publication leaders and supporters were generally unruly. of new census fi gures which they rejected Religion, ethnicity and basic sentiments because they believed the fi gures for the were freely used to canvass and to demonize Northern Region were infl ated. Now political opponents. Democratic values perceiving itself to be in no better position that could mediate political differences and than Action Group in what was emerging struggles were completely absent. Under as North – South struggle for power, and these pressures, the electoral process broke becoming uncomfortable with its status as down completely and the FEC became a junior partner in the ruling coalition, the helpless. However, the electoral body was not

50 Expert electoral nr. 3/2015 perceived to be impartial and neutral. Hence, The level of cheating and manipu- the body was dissolved by the military. Thus, lation of fi gures which characterized the the electoral body was not regarded as a election was revealed in many of the election mechanism for ensuring orderly democratic petitions including the one challenging succession. NPN’s victory. In Ondo state, the earlier declared result was reversed and the UPN In 1977, the Federal Electoral candidate was reinstated as the winner. Commission (FEDECO) was established in Against the background of the election sections 77 and 78 of the Electoral Decree outcome, President Shagari’s second term amended in 1978 and 1979 under the regime began on the most inauspicious note. Worse of General Olusegun Obasanjo to introduce a still, it was trailed by recriminations and democratic government. Five political parties reports of rampant corruption and violence were registered to race for the election under across the country, and on the basis of the the military government imposed guideline fl awed elections, the military staged a coup on party formation. The parties were Great d’état and took over governance. Therefore, st Nigeria People’s Party (GNPP), the National precisely on December 31 , 1983, the army Party of Nigeria (NPN), Nigeria People Party overthrew the Shagari government, accusing it, among other things, of fi scal recklessness (NPP), People Redemption Party (PRP) and and installed a military government led by Unity Party of Nigeria (UPN). However the Major General Muhammadu Buhari. The NPN won the presidential election. Thus, major tragedy in the events leading up to the the multiparty system character of the First fourth successful coup d’état was the failure of Republic was retained. In the elections, only the second attempt by the civilian politicians the NPN appeared to enjoy national spread, to again hold a free and fair election (Dudley, while the election itself was fairly smooth 1982, Diamond, 2002). Thus, the military, with minor cases of lawlessness compared under General Buhari toppled the Shagari with previous elections. government and dissolved the electoral body On the basis of the famous two-third (FEDECO). There was NEC and NECON who were EMBs set up by Nigerian military formula, FEDECO declared Shagari as the rulers to oversee military mandated transition winner, as the NPN had scored the required programmes. 25% out of the total vote cast. Chief Awolowo However, due to Abacha’s plan to challenged the declaration of Alhaji Shehu succeed as the president of Nigeria, the Shagari as the winner of the election on Electoral Management Body (NECON) the basis of this formula in court and lost acted openly in favour of the government. (Oyediran, 1981). President Shehu Shagari Therefore, NECON’s handling of the council was re-elected in 1983 in an election riddled polls and other elections was manipulated to with charges and counter charges of rigging favour those that were close to the Abacha and violence among the political parties. regime, especially political parties that were Indeed, before the election, the NPN had in support of Abacha. The elections and their outcome, as should be expected, were boasted that it would record not the familiar condemned in many quarters and across the landslide but a “moon slide”, an acronym for country. What worried political watchers and a total sweep of the polls. It made inexplicable observers was that the NECON itself largely trips into a number of traditional strongholds masterminded and effected many breaches of rival parties like Anambra State where the of the provisions of the electoral laws and NPP has held sway and Ondo State, which known democratic norms. The death of was traditionally a UPN state. Abacha led to the demise of NECON.

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The Independent National Electoral local government electoral offi cers and their Commission (INEC) was established after ward electoral offi cers (Jinadu, 2011:127). NECON. Elections had been conducted by INEC The Third Schedule, Part 1, F, Section since 1998 when Gen. Abdusalam Abubakar 15 (a) and Part II, B Section 4(a – b) of 1999 dissolved NECON. Constitution provided for the functions and INEC was mandated to conduct responsibilities of the electoral management elections into governmental offi ces both body as presently constituted establishing: at national and State levels. The body was a federal electoral body, the Independent charged with responsibility to midwife a fresh National Electoral Commission (INEC), to transition programme to civil rule through conduct federal and state general elections; elections. The Electoral Body (INEC) state-independent electoral commissions conducted all transitional elections that (SIECs) “to organise, undertake and ushered in the 4th republic on May 29th, 1999. supervise” all local government elections As a permanent body with “independence”, in the state and to advise the INEC on “the INEC workforce comprises the various staff compilation of and the register of voters” as employed since 1987 under the defunct “applicable to local government elections in National Electoral Commission (NEC). It the State”. The Electoral Act of 2010 states pre sently has offi ces in all 36 States, inclu- that, in addition to the functions conferred on ding the Federal Capital Territory, as well as the Commission by the Constitution, it shall in the 774 Local Government Areas in Nigeria. have power to: On the issue of administration of a. conduct voter and civic education, elections, most of the elections conducted b. promote knowledge of sound dem- between 1999 and 2007 were adjudged by ocratic election processes, both local and foreign observers as being deeply fl awed as well as not being free, fair c. conduct any referendum required to and credible (Hollis, 2006; Ujo, 2010, Iheme, be conducted pursuant to the provision of the 2000). An exception to this general trend 1999 Constitution or any other law or Act of was the 2011 general elections that were the National Assembly. applauded in many quarters as one of the best According to Jinadu (2011) Nigeria’s elections conducted in the history of Nigeria’s federal electoral management bodies electoral system. The INEC Chairman, have also had to rely at different times Prof. Attahiru Jega explained that this was on state governments and state Electoral due to some measures introduced by INEC Commissions for logistical and administrative which included a new biometric register of assistance. In this respect, “[…] the fact of voters, a Re-modifi ed Open Ballot System underdevelopment, with its accompanying (REMOBS), improved security features on structural manifestations as well as the sensitive electoral materials, by introducing heavy burden of the geographical and serial numbering and colour coding of ballot topographical problems of access posed by papers and result sheets as well as security the country’s immense size means that [the coding of ballot boxes. Other measures National Electoral Commission] cannot be included also the revised framework for as autonomous as it would wish to be”. This engagement of ad hoc staff, more transparent dependence on logistical and administrative framework for result collation and returns, support from state governments under more open and transparent procedures, and civilian administrations since 1999 allows modalities and processes on Election Day state governors and the governing parties at (The Guardian, 2014). state level to gain unfair electoral advantage The most recent gubernatorial by abusing the power of incumbency elections in Anambra on the November 16th through fi nancial inducements to state won by Willie Obiano of the All Progressives resident Electoral Commissioners, their Grand Alliance (APGA), in Ekiti on the

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June 21st election won by Ayodele Fayose of pedestal. Some of the amendments being Peoples Democratic Party (PDP) and in Osun advocated by INEC include a constitutional on the August 9th election won by Ogbeni guarantee for the operational independence of Rauf Aregbesola of All Peoples Congress the Commission; selection of election dates (APC) were seen as a critical test for INEC to be made by the Commission in accordance with 2015 approaching. The Anambra with the Constitution, disqualifi cation of election was criticized for being mired by persons convicted of electoral offences from irregularities and accusation of fraud and contesting elections or holding of any position collusion amongst INEC staff. The INEC in political parties, allowing voting by Chairman acknowledged that it was not the Nigerians in the Diaspora, the establishment best of elections and thus emphasised his of an Electoral Offences Commission commitment to fi nd out what went wrong. with powers to investigate and prosecute The Ekiti and Osun elections also served as all breaches of electoral laws in Nigeria litmus test for INEC’s preparation for 2015. The INEC Chairman was quoted as saying (ICiR, 2014). The outcome of the ongoing that “unlike the November 2013 Anambra deliberations will determine to a great extent State governorship election, our experience how far INEC will go in future elections. in the more recent Ekiti State election showed Conclusion that we are making progress in enhancing the integrity of the register of voters” (The While elections have remained the Guardian, 2014). Osun State gubernatorial most obvious framework in distinguishing election was even better conducted than the military regimes from civilian ones, and a Ekiti’s. democratic system from a non-democratic However, we can say that it is not one, we have however argued in this paper yet an uhuru for INEC as its operation that administration of elections and the totali- still requires a lot of improvement if 2015 ty of the framework (electoral system) guiding elections are to be successfully conducted. such elections would have an impact on the A lot still needs to be done in the area of success or otherwise of democratic enterprise reforms. At a recent public hearing on the in a developing country like Nigeria. amendment of the 2010 Electoral Act by The country’s experience at demo c- the House of Representative Committee on ratization have shown defi cit in her electoral Electoral Matters, the INEC Chairman in process as most of its elections had been a position paper supported the amendment mired in controversies and outcomes of those of Section 29(1) of the Electoral Act which elections sometimes have led to the truncation inserts a new paragraph (b) that limits the role of the country’s democratic process. The of the military to “securing the distribution trend of noncredible and grossly fraudulent and delivery of electoral materials”. The elections since shortly before independence Chairman also gave the indication that electronic voting and balloting by Nigerians and afterwards has resulted in speed without in the Diaspora can only be possible after the motion for Nigerian democratic experience. 2015 general elections because there is no As commendable as the recently conducted time to put the necessary logistic in place. elections by Nigeria’s INEC have been, much One would have expected that by now such is still required by INEC to improve on this issues would have been addressed and settled performance if the country is to move forward before 2015 general elections, a development in the effort to a democratic political future which would have put INEC on a very high and consolidation of democracy.

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About the authors: Dr. Olugbemiga Samuel AFOLABI holds a BA, MA and PhD in Political Science and teaches same at Obafemi Awolowo University Ile-Ife Nigeria where he is an Assistant Professor. He is a visiting professor and researcher at Department of Political Science, University of Gothenburg, Sweden. He was formerly a doctoral trainee at the Institute for the Study of International Development (ISID), Montreal, Canada and a fellow of the Governance in Africa Initiative sponsored by Mo Ibrahim Foundation. Dr. Afolabi is well-published and the Regional Manager, East and Central Africa, Varieties of Democracy Project based in Gothenburg, Sweden and Notre Dame, USA. He is also the Programme Director and Principal Investigator, Centre for Nigeria Election Study (CNES) Nigeria. Dr. Afolabi also serves as consultant for local and international agencies. He is APSA Africa fellow and Senior Research Fellow with Institut Français de Recherche en Afrique (IFRA – Nigeria). E-mail: [email protected], tel: +2348033710504. Ph.D Maryam Omolara OUADRI is a lecturer in the Department of Political Science, University of Lagos. Her research interests include public policy analysis, health policy and politics, poverty, youth and gender studies. Maryam is a member of American Political Science Association. She is a Commonwealth Alumnus and an Alumnus of American Political Science Association Africa Workshop. E-mail: [email protected], Tel: +2348033192688.

References: Acemoglu, D. and Robinson J.A. (2006), Economic Origins of Dictatorship and Democracy, Cambridge: Cambridge University Press Afolabi, O.S. (2014), Framing the Race in South Africa: The Political Origins of Racial- Census Elections, African Studies Quarterly, Vol. 14, No. 2 Afolabi, O.S. (2011), Theoretical and Practical Explorations of the Conduct of Elections in Nigeria, Ife Social Sciences Review, Vol. 24, No. 1 Afolabi, O.S. (2011b), An Assessment of Elections in Nigeria: Issues, Problems and Prospects (Journal Article) 2011, International Journal of African Culture, Politics and Development, Vol. 6, No. 2 Ake, C. (2000), The Feasibility of Democracy in Africa, CODESRIA  Aloysius-Michaels, O. (2009), The State, Electoral Fraud and Illusion of Participatory Democracy in Africa: Lessons from the 2007 General Elections in Nigeria, Journal of International Affairs, Vol. 35, No. 1, pp. 61 – 77 Butler, D. and Ranney, A. (ed.) (1992), Electioneering: A Comparative Study of Continuity and Change, Clarendon Press, Oxford  Chukwu, P. (2007), The 1999 Constitution and the Independent National Electoral Commission (INEC): Prospects for Impartial Supervision and Conduct of Elections, in Jega, A. and Ibeanu, O. (ed.), Elections and the Future of Democracy in Nigeria, Conference Proceedings of the Nigerian Political Science Association Constitution of the Federal Republic of Nigeria (Promulgation Decree 1999) Crowder, M. (1978), The Story of Nigeria, London: Faber and Faber Dudley, B.J. (1982), Introduction to Nigerian Government and Politics, Lagos and London: Macmillian Dunn, J. (1992), Democracy: The Unfi nished Journey, Oxford: Oxford University Press

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Electoral Act and Allied Matters 2010. Lawlords Publications. Abuja Guobadia, A. (2005), Improving the Quality of Election Management, Conference Proceed- ings of the Commonwealth Chief Election Offi cers, organized by the Commonwealth and Electoral Commission of India, 24 – 26 February Ibrahim, J. and Garuba, D. (2010), A Study of Independent National Electoral Commission (INEC) of Nigeria, CODESRIA  Ikpe, U.B. (2000), Political Behaviour and Electoral Politics in Nigeria: A Political Economy Interpretation, Golden Educational Publishers, Uyo Nigeria  International Centre for Investigative Reporting 2014, online resource available at icirnigeria.org Jega, A. (2014, August 7), Osun Election will be better than Ekiti’s, The Guardian, Wednes- day, 20 August 2014, www.ngrguardiannews.com Jennings, K. (1999), The Role of Electoral Management Bodies in Supporting Voter Education Lessons Learned and Challenges, National Democratic Institute for International Affairs  Jinadu, L.A. (1997), Matters Arising: African Elections and the Problem of Electoral Administration, African Journal of Political Science, Vol. 2, No. 1, pp. 1 – 11 Jinadu, A.L. (2011), Nigeria, in Fall, I.M., Hounkpe, M., Jinadu A.L., and Kambale, P. (eds.), Election Management Bodies in West Africa – A Comparative Study of the Contribution of Electoral Commissions to the Strengthening of Democracy, Dakar. OSIWA Joseph, R. (1991), Democracy and Prebendal Politics in Nigeria: The Rise and Fall of the Second Republic, Cambridge: Cambridge University Press  Kambale, P. (2011), Overview: The Contribution of Electoral Management Bodies to Credible Elections in West Africa, in Fall, I.M. et al., Election Management Bodies in West Africa: A Comparative Study of the Contribution of Electoral Commissions to the Strengthening of Democracy, Senegal: Open Society Foundations Kapur, A.C., (2006), Principles of Political Science, New Delhi: S. Chand and Company, India  Kerevel, Y. (2009), Election Management Bodies and Public Confi dence in Elections: Lessons From Latin America, IFES, Washington DC Lindberg, S. (2006), Democracy and Elections in Africa, John Hopkins University Press Lopez-Pintor, R. (2000), Electoral Bodies as Institutions of Governance, New York: United Nations Development Program Norberg, C. and Obi, C. (2007), Reconciling Winners and Losers in Post-Confl ict Elections in West Africa: Political and Policy Imperatives, The Nordic African Institute, Uppsala, Sweden  Mackintosh, J.P. (1966), Nigerian Government and Politics, Evanston: Northwestern University Press  Moehler, D.C. and Lindberg, S.I. (2007), Narrowing the Legitimacy Gap: The Role of Turnovers in Africa’s Emerging Democracies, Afro Barometer, Working Papers No. 88 Mozaffar, S. and Schedler, A. (2002), The Comparative Study of Electoral Governance – Introduction, International Political Science Review, Vol. 23, No. 1, pp. 5 – 27 Hollis, R. (2006), Elections in Nigeria, Executive Summary of the Independent Thinking on International Affairs, Chatham House, Lagos

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 Pastor, A.R. (1999), The Role of Election Administration in Democratic Transitions: Implications for Policy and Research, Democratization, Vol. 6, No. 4, Frank Cass, Newbury Essex Peter, J. (1996), Building Democracy in Latin America, Boulder: Lynne Rienner Publishers Post, K. and Vickers, M. (1973), Violence and Politics in Nigeria, NY, London, Lagos and Enugu: NOK Publishers International Held, D. (1996), Models of Democracy, Cambridge, Polity Press Nwabueze, B.O. (1993), Democratization, Spectrum Books Limited, Ibadan Nigeria Schumpeter, J. (1976), Capitalism, Socialism and Democracy, London: Allen and Unwin Ujo, A.A. (2000), Understanding Elections, Anyaotu Enterprises and Publishers, Nigeria Wall, A. et al. (2006), Electoral Management Design: The International IDEA Handbook, Stockholm, Sweden

56 LOBBYING AND ROMANIAN PARTY FINANCING

Lect. univ. dr. Miruna Andreea BALOSIN

Abstract: Abstract:

One of the Transparency Internatio- Unul dintre rapoartele Transparency nal Reports in 20121 mentions that political Interna tional din 2012 menționează că parti- parties, public administrations and the dele politice, administrația publică și sectorul private sector are assessed as the weakest privat sunt evaluate ca fi ind cele mai slabe forces in the promotion of integrity across forțe în promovarea integrității în Europa. Europe. Such high levels of perceived Nivelul ridicat de corupție se datorează corruption can be linked to the increasingly nereglementării fi nanțării partidelor politice negative infl uence that unregulated party și a campaniilor electorale, la care putem and campaign fi nancing and unregulated adăuga activitățile de lobby și infl uența lobbying activities have had on countries’ acestora asupra proceselor și deciziilor political processes and decisions. politice. The ideal solution is that political Soluția ideală este ca liderii politici, leaders, their parties and the public must partidele și publicul să răspundă la aceste respond to these integrity defi cits by building defi cite de integritate prin construirea the transparency and accountability of transparenței și responsabilității partidelor political parties. Respecting the last GRECO politice. Prin respectarea recomandărilor recommendations, the Permanent Electoral GRECO, Autoritatea Electorală Permanentă Authority has passed the phase of public a trecut de stadiul de dezbatere publică a debate concerning the project of Decision proiectului de Hotărâre pentru aprobarea approving the Norms for the application of Normelor metodologice de aplicare a Legii Law no. 334/2006 regarding political parties nr. 334/2006 privind fi nanțarea activității and electoral campaign fi nancing. The partidelor politice și a campaniilor decision-makers have reached no conclusions electorale1. În schimb, factorii de decizie concerning the regulation of lobbying. nu au ajuns la concluzii cu privire la Keywords: political party, fi nancing, reglementarea activităților de lobby. lobbying Cuvinte-cheie: partide politice, fi nan- țare, activități de lobby

1 Permanent Electoral Authority/Autoritatea Electorală 1 Transparency International (2012), Money, Politics, Permanentă, Minuta ședinței de dezbatere publică a Power: Corruption Risks In Europe, Regional Policy proiectului de Hotărâre pentru aprobarea Normelor Paper #2 Political Party Integrity: More Accountable, metodologice de aplicare a Legii nr. 334/2006 More Democratic, https://www.transparency.org/ privind fi nanțarea activității partidelor politice și a whatwedo/publication/2012_regional_policy_ campaniilor electorale, 13 august 2015, http://www. paper_2_political_party_integrity_more_ roaep.ro/legislatie/wp-content/uploads/2015/08/ accountable_mor (last accessed 3.09.2015). MINUTA.pdf (last accessed 27.08.2015).

57 Expert electoral nr. 3/2015

It is important to note that in spite to politicians and other offi cials, realistic of the fact that legislative frameworks on capacity of potential controlling bodies.3 political party fi nancing exist on paper in Regarding Romania, 15 years have almost all European countries, a number passed since the fi rst legislative proposal of of provisions tend to be lacking. Anti- the PNŢCD MP Ulm Spineanu to regulate corruption safeguards are both ineffi cient lobbying activities. The result is that there and insuffi cient to regulate the fi nancing of is no mandatory registration or obligation political parties and campaigns, particularly of public servants to report contacts with when it comes to the oversight of funding lobbyists. The Romanian authorities were from the private sector. When these weak of the view that such new legislation is not controls also apply to regulating confl icts of necessary since the risks related to lobbying interest and lobbying, inadequate political are already covered by the existing rules on fi nancing laws can lead to severe corruption confl icts of interest and incompatibilities risks1. applicable to public offi cials. Public trust in government is at an An initiative registered under BP all-time low and the practice of lobbying is 311/27.04.2011 belonging to MPs from three widely associated with secrecy and unfair major parliamentary political parties, both from the ruling side and opposition (PSD, advantage. It also comes at a moment when PNL, PD-L), was rejected by the Chamber of an increasing number of governments in Deputies in November 20114 because it was Europe are promising to tackle the problem too similar with another initiative of Social of undue infl uence in politics, and the need Democrat MP Constantin Niță proposed in for good government is particularly pressing 20105. The initiative included institutions given the range of economic, social and like the Permanent Electoral Authority to political challenges currently faced by Euro- supervise compliance with the provisions in pean countries and EU institutions. the bill banning donations from lobbyists to Lobbying is an integral part of political parties/candidates6. In short, lobby a healthy democracy, closely related to companies cannot make any donations to universal values such as freedom of speech political parties or candidates as there is a and the right to petition of government. It concern that the public offi cials might have allows for various interest groups to present a tendency to either ask for donations from their views on public decisions that may lobbyists or lobbyists might consider that come to affect them. It also has the potential to enhance the quality of decision-making by 3 Valts Kalniņš, Transparency in Lobbying: providing channels for the input of expertise Comparative Review of Existing and Emerging on increasingly technical issues to legislators Regulatory Regimes, Centre for Public Policy and decision-makers2. PROVIDUS, 2011, pp. 34 – 35, http://pasos.org/6521/ It is surely right to continue attempts transparency-in-lobbying-a-pasos-policy-seminar-in- prague/ (last accessed 23.08.2015). to enhance transparency of the political arena 4 http://www.cdep.ro/proiecte/2011/700/30/9/pvg739. and shedding light on lobbying activities pdf (last accessed 13.08.2015). is a key element in these efforts. Learning 5 http://www.cdep.ro/proiecte/2010/500/80/1/pvg581. from others’ experience should be coupled pdf (last accessed 27.08.2015). In December 2013, with a sensitive approach towards patterns Constantin Niță’s draft law on lobbying was awaiting the vote in the Romanian Parliament, after having of lobbying practice, peculiarities of access been greenlighted by the judicial commission in the Chamber of Deputies, but the law was sent back to 1 Transparency International, op. cit. commissions for further debates, and it was no longer 2 Suzanne Mulcahy, Lobbying In Europe – included on the vote session list. Hidden Infl uence, Privileged Access, Transpa- 6 Adrian Moraru, Transparency in Lobbying in rency International, 2015, p. 8, http://issuu. Romania, Centre for Public Policy PROVIDUS, 2011, com/transparencyinternational/docs/2015_ p. 9, http://pasos.org/6521/transparency-in-lobbying- lobbyingineurope_en?e=2496456/12316229 (last a-pasos-policy-seminar-in-prague/ (last accessed accessed 18.08.2015). 27.08.2015).

58 Expert electoral nr. 3/2015 making donations to public offi cials might determination of entities concerned (fi rst part “smoothen” the decision making process7. of the recommendation)10. The bill proposes that illegal The Permanent Electoral Authority donations to parties or candidates to be considers that the actual project will refl ect fi ned from 1000 Euro to 5000 Euro and the the GRECO recommendations more broadly amounts donated to be confi scated and also than it currently does. On 13th of August proposes imprisonment from 2 to 10 years 2015, the Permanent Electoral Authority has in case of the following three kinds of brea- passed the phase of public debate concerning ches: contracting activities and performing the project of Decision approving the Norms activities aimed at making the public offi cial for the application of Law no. 334/2006 not undertake his/her legal offi cial duties; regarding political parties and electoral participating in lobby activities in order to campaign fi nancing. Members of the civil infl uence public procurement and promising, society were present, but no reference to the offering or intermediating a concrete material words of interest groups, infl uence traffi cking profi t for the public offi cials8. or lobbying was made in connection to this Regarding the need of transparency of proposal. the fi nancial activity of the various types of Without a relevant national law, our structures related to political parties, interest country represents an environment where groups being included, GRECO9 assesses companies, lobbyists and individual donors measures taken by the Romanian authorities could choose to fund different parties and since the adoption of the Second Compliance candidates due to the weakest levels of Report in respect of its recommendations. control and disclosure for campaign and In the fi rst Recommendation, GRECO party fi nancing. recommended i) to clarify how the fi nancial Considering typology, structure, means activity of the various types of structures of action of different types of pressure related to political parties is to be accounted groups, it is diffi cult to consider them outside for in the accounts of political parties; ii) to the political fi eld. Infl uencing policy by the examine ways to increase the transparency various participants in the winning party’s of contributions by “third parties” (e.g. electoral campaign is a fact well-known separate entities, interest groups) to political and accepted by all political parties. What parties and candidates. GRECO recalls that makes the difference is the possible form of its recommendation had been categorized as payment equivalent to the agents involved. partly implemented. Romania had provided Businessmen give cash sums to election assurances that all territorial structures campaigns. Political parties through various must in principle be taken into account for exemptions offer services, information, etc.11 the consolidation of the parties’ fi nancial The infl uence of lobbying activities statements. To make this clear, amendments over the political parties is more than were contemplated by the draft law overwhelming, especially in countries where amending Law no. 334/2006 on fi nancing of the term of lobby is still “in the dark” for the political parties and electoral campaigns to decision-makers. Romania represents one of ensure the overall consolidation of accounts these cases. In the last years, many research- with the inclusion of all entities related ers, NGO’s representatives and politicians directly or indirectly to political parties, and struggled to bring light and to regulate the additional clarifi cation and criteria as to the practice of lobbying, wrongly associated with corruption and infl uence traffi cking. Their work remained unsuccessful. 7 Ibidem, p. 11. 8 Ibidem, p. 12. 9 GRECO RC-III (2014) 22E, Second Compliance Report, p. 11, https://www.coe.int/t/dghl/monitoring/ 10 Ibidem. greco/evaluations/round3/2nd%20RC3/Greco%20 11 https://bogdanmandru.wordpress.com/lobby-si-ad- RC3(2014)22_Romania_2ndRC_EN.pdf (last acces- vocacy-grupuri-de-presiune-in-politica/ (last accessed sed 03.09.2015). 25.08.2015).

59 Expert electoral nr. 3/2015

In interviews, some lobbyists much more than a persuasive action: it is a said they had longstanding personal and strategical analysis of the entire decision professional relationships with politicians of making process and of the political systems.12 one party, so it was natural to bestow money A simple example of a positive on them. Other lobbyists said they had to relation between lobbying and political work with lawmakers of both parties, so their parties is the case of campaign fi nance, where contributions refl ected pragmatism rather the campaigning techniques are becoming so than partisan loyalty. diverse and require more money to be spent The need for a discussion on the with dedicated professional contractors; in lobby activity in Romania demonstrates a modern politics one of the most effi cient level of maturity of the Romanian political ways to get involved is through a professional class. But we must avoid connecting an service as a lobby company. Therefore objective discussion about the necessity the need of an existing professional lobby of a lobby law with the internal political occupation is unquestionable13. context of the moment, where some actions that infl uence the decision-makers tend to get penal connotations. Lobby is and must 12 Guy Burrow, About the Status of the Lobby Activity remain an activity that has nothing to do in Romania, Central Europe Consulting, Bucharest, with the stipulations of the Penal Code, since 26th of February 2007, p. 1, http://www.apd.ro/fi les/ it is a structured and professional form of proiecte/Deposition%20Guy%20Burrow.pdf (last ac- cessed 20.08.2015). addressing the decision-makers. Lobby is 13 Adrian Moraru, op. cit., p. 15.

About the author: Miruna Andreea BALOSIN is a lecturer in European Studies and Governance at the Faculty of European Studies, Babeş-Bolyai University, Cluj-Napoca, Romania, since 2012, and she is specialized in EU lobbyism (concepts, institutions, actors), European Governance, Management of Public Policies, European Administrative Systems, International Organizations. She has published a number of papers on the evolution of EU lobbying, the democratic defi cit and the transparency initiatives of EU institutions. She is co-founder and executive editor of the Online Journal Modelling the New Europe (CEEOL, EBSCO, ProQuest, DOAJ); editor of Romanian Review of International Studies (CEEOL) and Studia Europea (CEEOL, EBSCO, ProQuest, DOAJ).

References: Burrow, Guy, About the Status of the Lobby Activity in Romania, Central Europe Consulting, Bucharest, 26th of February 2007, http://www.apd.ro/fi les/proiecte/ Deposition%20Guy%20Burrow.pdf (last accessed 20.08.2015) GRECO, RC-III (2014) 22E, Second Compliance Report, https://www.coe.int/t/dghl/ monitoring/greco/evaluations/round3/2nd%20RC3/Greco%20RC3(2014)22_Romania_ 2ndRC_EN.pdf (last accessed 03.09.2015) http://www.cdep.ro/proiecte/2010/500/80/1/pvg581.pdf (last accessed 27.08.2015) http://www.cdep.ro/proiecte/2011/700/30/9/pvg739.pdf (last accessed 13.08.2015) https://bogdanmandru.wordpress.com/lobby-si-advocacy-grupuri-de-presiune-in- politica/ (last accessed 25.08.2015)

60 Expert electoral nr. 3/2015

Kalniņš, Valts, Transparency in Lobbying: Comparative Review of Existing and Emerging Regulatory Regimes, Centre for Public Policy PROVIDUS, 2011, http://pasos.org/6521/ transparency-in-lobbying-a-pasos-policy-seminar-in-prague/ (last accessed 23.08.2015) Moraru, Adrian, Transparency in Lobbying in Romania, Centre for Public Policy PROVIDUS, 2011, http://pasos.org/6521/transparency-in-lobbying-a-pasos-policy- seminar-in-prague/ (last accessed 27.08.2015) Mulcahy, Suzanne, Lobbying in Europe – Hidden Infl uence, Privileged Access, Transparency International, 2015, http://issuu.com/transparencyinternational/docs/ 2015_lobbyingineurope_en?e=2496456/12316229 (last accessed 18.08.2015) Permanent Electoral Authority/Autoritatea Electorală Permanentă, Minuta ședinței de dezbatere publică a proiectului de Hotărâre pentru aprobarea Normelor metodologice de aplicare a Legii nr. 334/2006 privind fi nanțarea activității partidelor politice și a campaniilor electorale, 13 august 2015, http://www.roaep.ro/legislatie/wp-content/ uploads/2015/08/MINUTA.pdf (last accessed 27.08.2015) Roper, Steven D., “The Infl uence of Romanian Campaign Finance Laws on Party System Development and Corruption”, Party Politics, Vol. 8, No. 2, 2002, pp. 175 – 192 Transparency International (2012), Money, Politics, Power: Corruption Risks in Europe, Regional Policy Paper #2 Political Party Integrity: More Accountable, More Democratic, https://www.transparency.org/whatwedo/publication/2012_regional_policy_paper_2_ political_party_integrity_more_accountable_mor (last accessed 03.09.2015)

This work was possible due to the fi nancial support of the Sectorial Operational Program for Human Resources Development 2007 – 2013, co-fi nanced by the European Social Fund, under the project number POSDRU/159/1.5/S/132400 with the title “Young successful researchers – professional development in an international and interdisciplinary environment”.

61 RECENZII EVENIMENTE

EVENTS REVIEW PREȘEDINTELE AUTORITĂȚII ELECTORALE PERMANENTE, ANA MARIA PĂTRU, LIDER AL ASOCIAȚIEI MONDIALE A ORGANISMELOR ELECTORALE DIN 2017

Președintele Autorității Electorale Potrivit statutului A-WEB, cea Permanente, Ana Maria Pătru, va deține, de-a III-a Adunare Generală a A-WEB se din 2017, președinția Asociației Mondiale a va desfășura, în 2017, în România, odată Organismelor Electorale (A-WEB), potrivit cu preluarea președinției acestui organism deciziei luate de Adunarea Generală a acestei internațional de către președintele Autorității asociații, din care fac parte organisme de Electorale Permanente. management electoral din peste 100 de țări Astfel, peste numai doi ani, România de pe cinci continente. va fi gazda unui summit electoral deosebit Președintele AEP a participat, în de important, la care vor participa peste perioada 17 – 21 august 2015, la cea de-a II-a 400 de reprezentanți ai organismelor de Adunare Generală a Asociației Mondiale a management electoral de pe cinci continente: Organismelor Electorale (A-WEB). Europa, America, Asia, Africa și Oceania, „Este un succes al României și al care va spori vizibilitatea de care benefi ciază Autorității Electorale Permanente care, țara noastră la nivel internațional. România va fi , pentru a doua oară în încă o dată, se dovedește a fi un centru de decurs de trei ani, gazda elitelor internațio- expertiză în domeniul managementului nale ale managementului electoral, după ce, electoral și un reper privind organizarea și în 2014, la București, a avut loc cea de-a 23-a desfășurarea corectă a alegerilor. Decizia Conferință anuală a Asociației Europene a Adunării Generale a A-WEB este o recu- Ofi cialilor Electorali (ACEEEO), a cărei noaştere a efi cienței Autorității, care și-a președinție a fost deținută timp de un an de intensifi cat, în ultimii ani, colaborarea președintele AEP, Ana Maria Pătru. internațională în domeniul electoral și și-a AEP este membru al Asociației extins reţeaua de contacte cu organisme de Mondiale a Organismelor Electorale încă de management electoral din toată lumea”, la înfi ințarea organizației, în octombrie 2013. declară președintele Autorității Electorale România a găzduit, în martie 2015, reuni- Permanente, Ana Maria Pătru. unea Comitetului Executiv al A-WEB.

63 Expert electoral nr. 3/2015

electorale internaţionale, precum şi programe de pregătire de specialitate, ceea ce a adus vizibilitate în plan extern atât Autorității, cât și României. „AEP a devenit din ce în ce mai activă şi mai vizibilă în relaţia cu organizaţiile profesionale din străinătate, precum şi în Potrivit Cartei A-WEB, această domeniul electoral internaţional”, se mai organizație a organismelor de management menționează în raport. electoral promovează efi ciența în organizarea Raportul recomandă AEP să îşi unor alegeri libere, corecte, transparente și menţină parteneriatele strategice care şi-au participative la nivel mondial. demonstrat deja efi cienţa, precum cele cu Obiectivele sale sunt identifi carea celor mai recente tendințe, provocări UNDP, Consiliul Europei, Asociaţia Ofi cia- și evoluții în managementul electoral lilor Electorali Europeni (ACEEEO) şi democratic și în ceea ce privește procesele Asociaţia Mondială a Organismelor de electorale, precum și facilitarea schimbului Management Electoral (A-WEB), organism efi cient de experiență și expertiză între care „și-a exprimat continuu angajamentul membri, pentru consolidarea democrației de a susține eforturile altor țări de a organiza electorale la nivel mondial. alegeri libere și corecte prin facilitarea Activitatea Autorității Electorale colaborărilor, realizarea de sinergii și Permanente în domeniul asistenţei electorale generarea de proiecte comune pentru dez- internaţionale și efi cienţa cu care şi-a extins voltarea democrației și a unor alegeri reţeaua de contacte în întreaga lume au corecte”. fost remarcate, în anul 2015, într-un raport „AEP dorește să împărtășească realizat la solicitarea Programului Naţiunilor experiența electorală de tranziție a României, Unite pentru Dezvoltare (UNDP) - Centrul precum și propria experiență, ca organism Regional pentru Europa şi Asia Centrală. permanent de management electoral”, este o „Autoritatea Electorală Permanentă altă concluzie a raportorilor. este în prezent cel mai important furnizor de Raportorii constată că AEP are asistenţă electorală bilaterală al României”, drept scop să împărtășească bunele practici au arătat raportorii UNDP, adăugând că AEP și experiența în domeniul electoral, să are „viziune ca organism de management consolideze participarea femeilor la procesele electoral şi doreşte să îşi mobilizeze electorale și în administrație. personalul şi resursele pentru implementarea Se arată că AEP este furnizor de proiectelor de asistenţă electorală”. expertiză în ceea ce privește Registrul În raportul UNDP este menționată electoral, activitatea fi nanțării partidelor participarea AEP la cea de a IV-a conferință politice și instruirea ofi cialilor electorali care a Organizației Electorale Globale (GEO), activează în cadrul secțiilor de votare. care a plasat România în topul organismelor Autoritatea Electorală Permanentă de management electoral la această întrunire, îşi propune, de asemenea, să creeze propriul precum și faptul că AEP este membră a centru de cunoștințe electorale, unde Organizaţiei Mondiale a Organismelor Elec- torale (A-WEB) şi a Asociaţiei Ofi cialilor persoanele interesate vor avea posibilitatea Electorali Europeni (ACEEEO). să discute cu experții AEP, să schimbe opinii Potrivit raportorilor UNDP, partici- și să urmeze cursuri de specialitate. parea la reuniunile internaționale din domeniu „AEP are perspectiva unui orga- constituie un bun prilej pentru România de nism de management electoral profesionist a-și promova imaginea în plan internațional și în privința modului său de abordare a pentru a-și demonstra capacitatea în domeniul cooperării pentru dezvoltare și în ceea ce electoral în relația cu celelalte organisme de privește activitatea în rețelele profesionale, management electoral, furnizori de asistență care îi oferă acces la alte organisme similare electorală. și furnizori de asistență electorală, cum ar Raportul subliniază că, în ultimii ani, fi Fundația Internațională pentru Sisteme instituția a organizat cu succes conferinţe Electorale (IFES)”, se notează în raport.

64 “ELECTORAL EXPERT” REVIEW RECOGNIZED AS A KNOWLEDGE-HUB FOR ELECTORAL EXPERTS

Throughout the activity of the Perma- text in which articles and scientifi c research nent Electoral Authority one of our priorities aimed at various aspects of national and Eu- was to develop programs, projects and stud- ropean electoral processes are increasing in ies aimed at improving the management of the last two decades, but at the same time it electoral operations, adapting the organiza- appears that a small number of magazines tion and conduct of the electoral process at and academic journals assemble them in a European and international standards, and to publication focused on the electoral fi eld. better inform and educate voters on the elec- With an interdisciplinary and applied toral process. character, the publication aims at a wide au- In this respect, through the editorial dience, this being ensured by distributing our project “Electoral Expert Review”, we cre- journal to the Romanian Parliament, the Gov- ated a specialized scientifi c publication, with ernment, the diplomatic missions of foreign an interdisciplinary character and an academ- countries in Romania, and other institutions ic profi le, which brings together research, from the central and local government, to the analysis and studies on various aspects of most important public libraries, universities, national and international electoral process- the media, other institutions of academia and es. “Electoral Expert Review” is designed NGOs. as a platform for analysis, research and also Since its inception in 2013, the editori- one for debate for all actors interested in al project “Electoral Expert Review” was de- the electoral fi eld, and at the same time, an signed as a thematic peer-reviewed quarterly opportunity to promote the activities of the journal, with a Scientifi c Board comprised by Permanent Electoral Authority and of other well-known specialists in the electoral fi eld. electoral management bodies in Europe. The most notable change for PEA’s editorial It is of the utmost importance to high- project was an increased interest expressed light that the editorial project “Electoral Ex- by foreign electoral experts and researchers pert Review” appeared in a European con- to publish in our journal.

65 Currently, our journal has passed the and expertise of all stakeholders from the elec- international evaluation process by Index toral fi eld was a much needed one and it be- Copernicus International and is indexed in came a Knowledge-Hub for electoral experts. the international database. Our editorial project brings an Index Copernicus International is an important contribution in terms of under- international, specialized platform for pro- standing and fi nding ways to improve the moting scientifi c achievements, as well as management of electoral operations, of fa- supporting national and international collab- cilitating the knowledge on organizing and oration between scientists, publishers of sci- conducting electoral processes at European entifi c journals and scientifi c entities. and international standards, and of better This proves that our specialized plat- informing and educating voters on the elec- form for sharing and debating the experience toral process.

66 CALL FOR PAPERS ELECTORAL EXPERT REVIEW

The Electoral Expert Review, published by the Permanent Electoral Authority, invites stakeholders and those interested to contribute in publishing scientifi c articles related to the electoral fi eld and to areas such as: human rights, political science, legal and administrative domain. Regarding the next edition of the Electoral Expert Review, the editorial board welcomes articles with interdisciplinary character that have not been or are not published in other journals, reviews or scientifi c symposium volumes. The authors may submit proposals for articles directly to the following address: expert.electoral@ roaep.ro The Electoral Expert Review is a quarterly publication of studies, researches and analyses related to the elections fi eld. The editorial project Electoral Expert Review appears in a European context in which articles and scientifi c research aimed at various aspects of national and European electoral processes are increasing in the last two decades, but it appears a small number of academic magazines and journals assemble them in a publication focused on the electoral fi eld. With an interdisciplinary and applied character, fi rstly the publication aims at a wide audience, this being ensured by distributing our journal to the Romanian Parliament, the Government and other institutions from the central and local government, to the most important public libraries, universities, the media, other academic institutions and NGOs. Secondly, the Electoral Expert Review can be found in electronic format in Romanian; this will be completed by one translated into English, giving it an international character. The last two issues of Electoral Expert Review will be published with the following general topics: electoral reform, political fi nancing, electoral system, voting methods, gender and elections, etc. (deadline for submitting the articles: 30 of November 2015).

Indications and text formatting requirements:  Submitted articles may cover theoretical studies, case studies or researches that have not been published or submitted for other publications or part of the proceedings of scientifi c conferences. Submitted articles should be original.  We recommend that submitted articles should be between 4,000 and 6,000 words in length (bibliography and footnotes included).  Manuscripts must be accompanied by an abstract. The abstract must have between 100 and 150 words (Times New Roman, 12, italic). After each abstract the author must mention the keywords. We recommend that the articles submitted should be accompanied by a brief presentation of the author/ authors (name, institutional or/and academic affi liation, brief research activity and published papers, e-mail address). The preferred working language of Electoral Expert Review is English. Main text of the manuscript: Times New Roman, 12, justifi ed, 1.5 line spacing options. Page setup: A4 with 2.5 cm margins. Titles: Times New Roman, 14, bold. Subtitles: Times New Roman, 12, bold. Footnotes: Times New Roman, 10, justifi ed.  All fi gures, tables and photos must be clear and sharp. The tables should be numbered consecutively in Arabic numbers. The number and the title of each table should be written above it, using Times New Roman, 12, bold. The number and the title of each fi gure or photo should be written under it, using Times New Roman, 10, bold. Abbreviations and acronyms will be explained the fi rst time they appear in the text. Quotations and references should be made using the Harvard or European system (only one of them will be used in the manuscript). Internet references should be quoted with the whole link and the date in which it was accessed.

For additional information you can contact us at: [email protected]

67 CALL FOR PAPERS REVISTA „EXPERT ELECTORAL”

Revista „Expert Electoral”, editată de Autoritatea Electorală Permanentă, primeşte spre publicare articole ştiinţifi ce ce tratează teme din domeniul electoral, precum şi din domenii conexe, cum ar fi : drepturile omului, ştiinţe politice, ştiinţe juridice şi administrative, adică articole cu caracter interdisciplinar şi care nu au fost sau nu urmează a fi valorifi cate prin publicare în alte reviste sau volume ale unor simpozioane științifi ce. Având în vedere necesitatea unei dezbateri publice reale pe tema îmbunătăţirii şi un i- formizării legislaţiei electorale, intenționăm ca în următoarele numere ale publicației să abordăm subiecte precum: reforma electorală, fi nanțarea partidelor politice și a campaniilor electorale, sisteme electorale, metode de vot, gen și alegeri etc. Autorii pot transmite propunerile de articole pentru nr. 4(12)/2015 al revistei Expert Electoral la adresa de e-mail: [email protected]. Termen limită de comunicare a lucrărilor: 30 noiembrie 2015. Revista „Expert electoral” este o publicaţie trimestrială de studii, cercetări şi analize cu tematică electorală. Autoritatea Electorală Permanentă a iniţiat editarea acestei reviste cu scopul de a crea o platformă de dezbatere a subiectelor referitoare la reglementarea şi administrarea proceselor electorale.

68