Bougainville is currently under a state of emergency that explicitly postponed the elections.29 The postponement raised the question of whether the mandate of current representatives runs out on June 8 (as the anniversary of the return of the writ in the last election) and whether — without elections — the government of Papua New Guinea could take over governance of Bougainville. However, under the Constitution, the term of office for parliamentarians is aligned with the return of the election writ, not the anniversary date of the last election.30 Nevertheless, in the current political climate, a potential delay is seen not just as a constitutional but a sovereignty issue, and following a political agreement, the electoral process is now planned to commence as soon as the state of emergency lapses in June. In France, a “state of health emergency” has been introduced to offer more flexibility in handling the crisis while maintaining fundamental freedoms. It appears to be a form of intermediary status between full emergency and no emergency that could help authorities to solve the dilemma of either (a) postponing elections for as long as a traditional state of emergency is in place, since these declarations often suspend elections and leave the resumption of electoral processes in limbo; or (b) forcing EMBs to organize elections according to standard procedures as soon as a state of emergency is lifted, without any intermediary measures to allow them to consider and implement amendments and modifications. It is important to ensure that the introduction of certain executive or legislative measures are not used as a means to circumvent the ICCPR guardrails discussed above. For example, emergency measures in Zimbabwe are being introduced via amendments to the health laws, not as part of a formal declaration of a state of emergency. Some commentators have criticized this approach, while also noting that statutory instruments made under the Public Health Act cannot override a mandatory provision of the Constitution, which requires by-elections to be held within a 90-day period.31 In some situations, there may be no legal basis for an election postponement, and new legislation will be required. In the United Kingdom, emergency legislation had to be introduced to provide a legal basis for postponing the May 2020 local elections for a year due to the COVID-19 pandemic.32 The new bill provides for existing councilors to serve an additional year, and for those elected in 2021 to serve a three-year term instead of the normal four-year term to allow the normal electoral cycle to be restored once the current crisis is over.33 It is important that the new legislation clearly provides for a return to the legal status quo following the emergency, given the potential for legal term extensions to be precedent-setting. Ultimately, depending on the specific circumstances in the country and the type of gap or lack of clarity in the law, there may be a requirement for constitutional interpretation, for political consultation and agreement, or for legal amendment. Regardless of the solution chosen, the international principles set out above should inform decision-making, and it is imperative for decision-making to be transparent and consultative. The Timing of Election Postponements The timing of an election postponement is also important to consider. A postponement that happens in the midst of the electoral process — for example after voter registration and candidate nomination have been completed — may bring additional complexities, including with respect to enfranchisement. Because the ICCPR also requires that a derogation of rights be time-bound, the need to determine a new date for Election Day can be complex, especially if the health crisis is still evolving. In Spain, local elections were originally “suspended” in two regions, Galicia and Basque Country, as a response to national and regional emergency orders. However, as there was considered to be no explicit legal basis for suspending the elections midstream, and doing so would have had ramifications -10- International Foundation for Electoral Systems