International Foundation for Electoral Systems Who interprets and enforces statutes? Statutes are interpreted by the judiciary and enforced by the executive (i.e., the police and the prosecutors). In some cases, a special enforcement authority is authorized by law for a specific field of law. An example of a special authority is that usually created for election law – the EMB or election complaints commission that is usually created for election matters. These bodies usually have the authority to deal with any administrative violations of election regulations and offenses under the election law. They can also refer any offense arising in the election process that appears to be a criminal offense to the state prosecutors. How are they changed? A statute may be amended by the same process as it is first enacted. That is, a law that amends an existing statute is itself a statute and goes through the same process through the legislature as a bill. In most countries, statutes are subject to challenge in the courts relating to their constitutionality (i.e., whether they deal with a subject permitted by the constitution or conflict with the constitution, or a statute of a higher level legislature as per Figure 1 above). In some countries, they may be challenged on the basis that they were not properly enacted or were not subjected to the prescribed process for enactment. For example, some countries have a requirement that certain types of bills go through a public hearing stage, and if this does not happen, the validity of the statute can be challenged. Conflicts between Laws or Legal Provisions A law or legal enactment of a lower level that conflicts with one of a level above is deemed to be invalid (ultra vires) to the extent of the conflict. This process is essential to prevent overlaps and clashes between and among laws. Whether there is conflict will be determined by a court. Why do they have more authority than the form of law one step down? Statutes are enacted by a legislature of elected representatives, and the authority of a statute is derived from the constitution or founding document of a state. At lower levels in the hierarchy, the rule-making body may be made up of appointed members (for example, an EMB). What determines whether a subject will be legislated at a national level or at a sub-national level? The constitution of a nation usually defines the governance structure, the different levels of government and the subjects or fields of law they may legislate. Some issues, such as national finance and taxation, foreign relations, defense, citizenship, customs and duties and international trade are always governed and legislated at the national level. Other matters, such as local government, local commerce, domestic relations, and local taxes are often dealt with at a sub-national level. Issues such as agriculture, transportation and the environment may be dealt with at both levels. Most countries have a national criminal law, although the U.S. has both federal and state criminal codes. Election law in a federal nation is generally dealt with by federal law for the election of federal bodies and by state law for the election of state bodies. In the U.S., the administration of elections for the national Congress is governed by the laws of each state. Issues such as voter registration, time of voting and ballot design differ from state to state. 10