had introduced a regulation allowing First Nations leaders to extend their roles and duties for up to six
months without an election.41
In the North Macedonia example outlined above, the decree put in place by the caretaker government
on March 21 prescribes ceasing all election activities and provides that already-completed election
activities will be considered valid and will not need to restart. The EMB has been mandated by the
decree to produce a timeline for resumption of election activities the day after the state of emergency
is over but does not have the authority to set the actual election date.
In Ethiopia, general elections were scheduled
for August but have been postponed based on
a state of emergency.42 However, questions
remain regarding the expiry of mandates, the
legality of the election postponement and
when and how a new election date will be set.
Ethiopia is somewhat unique in that the ultimate
authority on constitutional issues is the upper
house of the legislature, not the courts, but the
upper house can ask the Constitutional Council
of Inquiry (CCI), made up of judges, lawyers
and politicians and chaired by the Supreme
Court president, to provide constitutional
interpretation.43 The CCI has asked for amicus
curiae submissions and, at the time of writing,
is holding livestreamed hearings on the issues,
illustrating the importance of transparency and
consultation.
Tweet from the president of the Supreme Court of Ethiopia
seeking input from constitutional experts on the issue of the
In Uruguay, there are constitutionally mandated
election postponement
dates for elections, with local elections due
to be held on May 10, 2020, but postponed
because of COVID-19. Constitutional reform was considered too difficult in the midst of the pandemic,
so following consultations with political parties, the Parliament approved, almost unanimously, a law
giving the Electoral Court the power to set a new election date. Recognizing the risks associated with
setting this precedent, this mandate was given to the court for these elections only, and with a final
deadline of October 4. The legal argument advanced for justifying these temporary powers was that
the Electoral Court has final authority over elections under the Constitution.44 The Electoral Court has
now scheduled these elections for September 27.45
As these examples illustrate, wherever the decision-making authority rests for election postponements,
careful consultation is required to examine the issues at stake and the options on the table. If both
electoral deadlines and emergency powers are provided for in the Constitution without any specific
guidance on how they interact, additional constitutional interpretation may be needed by the courts
or whichever body has the authority to determine constitutional questions, as is currently the situation
in Ethiopia at the time of writing.
Ultimately, according to international principles, any suspension of electoral and political rights during
an emergency must be exceptional and temporary, and therefore wherever possible when an election
is postponed, a new date should be set for the rescheduled election. A rescheduled election date will
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International Foundation for Electoral Systems