be guarded against when countries are introducing emergency amendments that could inadvertently or deliberately undercut fundamental electoral principles in subtle ways. With respect to opportunities in a crisis, it is possible that some operational modifications to election processes may actually bolster enfranchisement, particularly of vulnerable or marginalized groups, and would be beneficial to maintain for the longer term. For example, measures to avoid crowded in-person polling stations, such as extending advance voting, curbside voting and mail-in ballots, would allow easier access for people with disabilities and older citizens in all elections. IFES will be considering this issue in a forthcoming paper as part of this IFES COVID-19 Briefing Series.49 An amendment process also may provide an opportunity to fix existing problems with the legal framework or make adaptations that allow election practitioners to account for future uncertainties such as health hazards and to adjust election planning accordingly. When considering changes or modifications to election processes, it is important to protect and advance the fundamental principles underlying democratic elections, such as fairness, competitiveness and secrecy of the vote. To do so, it is important that countries adhere to general principles around law reform that are equally relevant in a crisis situation. International Principles Governing Electoral Legal Amendments Regardless of the overall structure of elections in a given country, and despite extenuating crisis circumstances, the legal framework for elections should be unambiguous, understandable and transparent, and the parties that function within it must understand what the laws are and what they mean in practice. This requires adhering to the rule-of-law principle that the laws themselves must be “publicly known and relatively settled.”50 Hence, when considering amendments to the legal framework for elections, three key principles should be followed: (1) Stability and legal certainty: Elections are by nature rules-based exercises, and changing the rules too close to the game, or without regard to flow-on effects, can be damaging. This is particularly true in an environment where public trust in electoral processes or outcomes may already be low. The Venice Commission has affirmed that “stability of the law is crucial to credibility of the electoral process” and recommends no legal changes in the year prior to an election.51 Elections are by nature rules-based exercises, and changing the rules too close to the game, or without regard to flow-on effects, can be damaging.” (2) Clarity: Laws must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly, and they must be accessible to the public.52 Legal clarity is of particular importance in enabling individuals to determine the extent of liability for specific conduct.53 (3) Inclusiveness: An inclusive and consultative process builds trust and increases the sense of ownership and political buy-in among stakeholders, making acceptance and understanding of changes more likely.54 Unfortunately, some countries may not have the luxury of time in responding to COVID-19 while maintaining the electoral calendar, and the preservation of legal certainty and stability will be a particular challenge. In the face of a health crisis, there is an imperative to protect both the integrity and safety of the electoral process, and exceptional procedures may be necessary. However, drastic changes should be limited, and the requirement for inclusiveness and consultation will be even greater. Consideration -14- International Foundation for Electoral Systems