The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections What is the source of a regulation’s authority? The authority of a regulation comes from the grant of regulation-making power in the statute. The regulation usually cites its authority. 5 One example is a polling and counting regulation issued by an EMB under the specific authority of an election law. This regulation typically specifies the detailed steps that must be taken to cast ballots and count them. It cannot change the law or the basic rights of voters set in law. However, it is an element of law and must be complied with. A violation may be punished. Who interprets and enforces regulations? While the issuing authority is in some cases given the power to impose penalties for violations, regulations are typically interpreted by the courts and enforced by police in the same manner as statutes. In some cases, the rule-making body – such as an election commission or election complains commission – is given both the judicial power of interpretation and the executive power of enforcement in the election law. How are they changed? Regulations may be amended by another regulation issued the same way. Why do they have more authority than the form of law one step down? Their authority is a result of being a form of delegated legislation and they are therefore backed by the legislature that authorized them. The legislature has said, in effect: “as you are the experts, you can specify the details to make the law work in practice.” Because regulations are a form of delegated legislation, they can be legally enforced in a similar way to statutes, in that a violation or failure to adhere to regulations can be subjection to sanction, or other legal or remedial action. Or, if they are determined to be beyond the authority outlined in the governing statute, they can be found ultra vires by a court. This is not the case for lower-level forms of law. Procedures What is the purpose of a procedure? A procedure is a description of the required steps necessary to complete a process. The result of failing to follow a procedure is that the process it covers has not been completed, and the process has failed. This is in contrast to regulations, whereby a violation or failure to adhere to a regulation may incur some kind of sanction or other legal or remedial action. In cases where the procedure is being followed by a person or group who wishes to obtain some right, status, or benefit, such as the right to stand as a candidate in an election, there is normally an opportunity to follow the process again, properly. For instance: “Pursuant to the requirements of § 24.2-404 of the Code of Virginia, a voter who does not have an acceptable form of identification listed in § 24.2-643 of the Code of Virginia may obtain a voter photo identification card free of charge through any general registrar's office or the Department of Elections if…” 1VAC20-40-90. Voter Photo Identification Cards. 5 15