In India, the Supreme Court upheld the State Election Commission’s (SEC) decision to postpone local elections in the state of Andhra Pradesh – a decision that was contested by the state government.81 At the same time, the court directed the SEC to also postpone the application of the code of conduct for elections, which prohibited certain types of government development activities ahead of an election. Such measures are intended to mitigate very real concerns around incumbency advantage and the abuse of state resources ahead of elections. While this postponement is important to allow the government to respond appropriately to the crisis, it highlights the need for heightened awareness of the potential escalation of such abuses during the pandemic to reinforce popular support for incumbent governments. In Malawi, the May 2019 presidential elections were annulled by the Constitutional Court in February 2020, citing “widespread, systematic and grave irregularities,” and new elections were ordered to be held within 150 days, using a two-round system to replace the first-past-the-post system used in 2019. The Supreme Court upheld this ruling on May 8, and as a result, elections are to be scheduled for late June but an election date has not been determined yet.82 The Supreme Court ruled that the 2019 voter register must be used, no new voter registration can take place and only the original candidates may stand.83 The president remains in power during the interim period. A state of disaster has been declared, including a ban on large public events, which restricts campaign activities. There are concerns that the elections could face challenges if they go ahead in late June, due to the limitations and restrictions necessitated by the pandemic, as well as risks to health. On the other hand, there is pressure to resolve the political crisis. In Bolivia, the constitutional situation was already complicated before the COVID-19 outbreak began. The presidential and parliamentary elections of October 2019 were annulled due to irregularities, and an interim president was sworn in with the support of the Constitutional Court. The constitutionally mandated five-year term of the Legislative Assembly has already expired, although the Constitutional Court approved a law that extended their mandate. There has been pressure to hold elections as soon as possible on the grounds of constitutional and political legitimacy. Elections were scheduled for May 3 but due to the pandemic were postponed. The EMB proposed that they be permitted to select a date between June and September, once scientific evidence around the pandemic became clearer.84 However, the Legislative Assembly passed a law fixing August 2 as the last possible date for elections, and challenges to this law have now been brought before the Constitutional Court. A particular complication is that the Constitution makes voting obligatory and subject to administrative sanctions.85 Although special measures are being established to try to protect the health of voters, some fear that many citizens will not risk going to vote. In the United States, the Supreme Court was required to weigh in on a partisan dispute over the timing and process of the presidential primary in Wisconsin.86 Ahead of the April 7, 2020, election, there was a partisan divide – with Democrats wanting to postpone the elections like in many other states, and Republicans wanting to move forward with elections as scheduled.87 Under Wisconsin’s legal framework, Democratic Governor Tony Evers was not able to shift the date of the election without the consent of the Republican-controlled legislature.88 However, the day before the election, Governor Evers issued Executive Order No. 74 , relying on emergency powers to suspend in-person voting until June 9, 2020.89 This prompted the Wisconsin Legislature to file an emergency motion for a temporary injunction in the Wisconsin Supreme Court.90 The Wisconsin Supreme Court granted the motion, holding that the governor did not have grounds, under either the Constitution or the emergency management statute, to amend or rewrite statutory provisions.91 With the election proceeding, and in response to the increased demand for mail-in ballots for the election and a backlog in processing requests, the Democratic National Committee and the International Foundation for Electoral Systems -19-

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