21
Autonomous Region of Bougainville Const. sch. 2.14.
22
Graeme Edgeler, Pandemic Preparedness and the New Zealand General Election, Public Address
(March 15, 2020 1:00 PM), available at https://publicaddress.net/legalbeagle/pandemic-preparedness-andthe-new-zealand/.
23
Andrew Geddis, Comment to Pandemic Preparedness and the New Zealand General Election,
PUBLIC ADDRESS (March 15, 2020 1:00 PM), available at https://publicaddress.net/legalbeagle/pandemicpreparedness-and-the-new-zealand/.
24
Michael Clegg, et al., IFES, The Hierarchy of Laws: Understanding and Implementing the Legal
Frameworks that Govern Elections (September 22, 2016), available at https://www.ifes.org/sites/default/
files/2016_ifes_hierarchy_of_laws.pdf.
25
Const. art. 61(b) (2008) (Myanmar).
26
Const. § 119, 123, 151, 154, 171 (2008) (Myanmar); Myanmar Elect. L. § 34 (2010) (providing the EMB
announces the election date). Under Sections 119 and 151 of the Constitution of Myanmar, the term of the
legislature (made up of upper and lower houses) is five years from the first day of their first session. In 2016,
the legislature was convened and MPs were sworn in on February 1, which means that the current term will
end on January 31, 2021. Under Section 123, the first regular session of a term of the lower house “shall be
held within 90 days after the commencement of the general election”. The schedule of the upper house
is linked to that of the lower house (Section 154a), as are the schedules of the state and region legislatures
(section 171a). The exact deadline in January is a practical one relating to how quickly it would be feasible to
announce the election results and assemble the winning candidates in Naypyitaw for a February 1 convening
of the Pyithu Hluttaw in accordance with Section 123 of the Constitution. Myanmar Constitution § 123. In
2015 most results were announced within a week with a few remote constituencies being announced by two
weeks.
27
Const. art. 128 (N. Maced.).
28
Const. art. 107 (Bougainville).
29
Autonomous Bougainville Government, Autonomous Bougainville Government Declares State
of Emergency (March 24, 2020), available at http://www.abg.gov.pg/index.php/news/read/autonomousbougainville-government-declares-state-of-emergency.
30
Const. art. 57 (Bougainville).
31
Election Watch 1-2020 – Suspension of Election Activities, Veritas Zimbabwe (May 17, 2020), available
at http://www.veritaszim.net/node/4168.
32
Neil Johnston, HC Briefing Paper, No. 08856, Coronavirus Act: Elections, available at
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=2ahUKEwiA5b_
AsanpAhXnkHIEHfiBDRIQFjAFegQIBBAB&url=http%3A%2F%2Fresearchbriefings.files.parliament.
uk%2Fdocuments%2FCBP-8856%2FCBP-8856.pdf&usg=AOvVaw0VnmvwFXhLAEQ5ag59AdIs. As the
Explanatory Notes to the Coronavirus Bill noted, “there is no existing legislative provision that allows for any
of the statutory polls scheduled for 7 May to be postponed. There are some powers to move poll dates by
secondary legislation, but these are only available significantly in advance and can no longer be used for 7 May
polls.”
33
Id.
34
The rationale for canceling versus “suspending” the elections was the difficulty in rectifying
fundamental rights that were affected by a suspension midway through the electoral process. For example, it
would be impossible to enroll new voters or add additional candidates, thereby disenfranchising people who
turned 18 in the interim.
35
Aizhmal Dzhamankulova, In Kyrgyzstan, Because of the Coronavirus, the Elections Were Transferred
to Local Keneshes, Kloop (March 23, 2020), (stating that Bishkek, Osh, Jalal-Abad cities, Nookat and Kara-Suu
districts of Osh region, and the Suzak district of Jalal-Abad region postponed elections).
36
Illcho Cvetanoski Skopje, North Macedonia, Coronavirus Stops Elections, Osservatorio Balcanie
Casucaso Transeuropa (March 13, 2020), available at https://www.balcanicaucaso.org/eng/Areas/NorthMacedonia/North-Macedonia-coronavirus-stops-elections-200237.
-24-
International Foundation for Electoral Systems