The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections Codes of Conduct What is the purpose of a code of conduct? A code of conduct is a written set of rules developed by an organization, company, legislature, or government institution (such as an EMB) to govern the behavior of certain groups. EMBs often write codes of conduct to govern election officials, as well as external actors such as candidates, media, election observers, security personnel, and election officials during an election period. For example, the Election Commission of Pakistan has written codes of conduct for media, political parties, observers, candidates, and security personnel. Many parliaments around the world have written codes of conduct to regulate their own behavior and to improve how they are perceived by the public. The Sri Lankan Parliament decided to write a code of conduct for parliamentarians and other politicians after a spate of “unruly” behavior on the House floor though failed to pass it into law, while the United Kingdom Parliament instituted a code of conduct after a bribery scandal. Codes of conduct are beneficial for many reasons. The process of writing down, discussing, and agreeing on what should be considered acceptable behavior may increase the goodwill and professionalism of the parties involved. Public perception of the regulated group is many times improved by instating a code of conduct. Further, since codes of conduct often fall under “soft law,” they allow legislatures and other administrative bodies to use their official capacity to encourage or proscribe behavior in ways that would be too vague for traditional legislation. For instance, a code of conduct may encourage candidates to act with “integrity” or to avoid engaging in “corrupt practices” without having to define these terms to the specificity required of laws. Code of Conduct for Elections Some countries choose to develop a comprehensive code of conduct covering all stakeholders (e.g., Zambia and Nepal), while others develop targeted codes of conduct for different groups of electoral stakeholders (e.g., Pakistan and Nigeria). Regardless of the model chosen, it is a best practice that the conduct of all electoral officials (permanent or temporary) is governed by a code of conduct with clear enforcement mechanisms. Who drafts codes of conduct? In the election context, codes of conduct are most often written by the EMB. As a best practice, this should be done in an inclusive, consultative manner with the stakeholders whose behavior is being regulated. In particular, political parties and candidates should be involved in the development of codes of conduct, as a means of securing buy in for agreed-upon rules that will govern behavior. Codes of conduct should also be developed for EMBs and their staff. What is the source of authority for codes of conduct? As codes of conduct are generally administrative acts without the force of law, they fall under the category of “soft law,” which means they are legally relevant but not binding. Their authority derives from the right of administrative bodies to manage their own day-to-day operations or to encourage positive behaviors in other groups (such as political parties, observers, security personnel, and media). Occasionally, codes of conduct may be written and passed by a legislature (functioning as “hard 17