iii) Administrative and financial independence
255. Special legal provisions in electoral laws for EMB financing are
commonplace (see chapter 7 of Electoral Management Design: The International
IDEA Handbook). However, such provisions for EDRBs are much less
common, and it is rarely possible to speak of the financial self-sufficiency of
EDRBs. However, there is a spectrum of financial independence which ranges
from the annual allocation of a given percentage of the state budget provided
for by constitutional law, as in Guatemala (see box 6.3), to those cases where
there is no specific financial provision for the EDRB, as in Chile and Panama
where the general common provisions on budgetary matters apply. These
consist of a negotiation with the appropriate office of the executive branch in
charge of drawing up a proposed budget to be submitted to the legislative
branch for its consideration and approval. In Uruguay, although the executive
branch can introduce changes to the proposed budget of the electoral body,
both the amended and unamended budgets have to be submitted to the
legislative branch for debate and approval.
Box 6.3. Guatemala
In Guatemala, 0.5 per cent of the General Budget of Regular Outlays is allocated to the
EDRB, and in an election year this allocation is increased by the amount necessary as
estimated by the Supreme Electoral Tribunal (Tribunal Supremo Electoral). If it does not
receive the funds it needs, the Tribunal is authorized to take out bank loans or request
any external assistance that does not compromise government finances or its own
independence.
256. Between these two extremes are EDRBs which are allowed to submit
their proposed expenditure budget directly to the legislative branch, as in
Bolivia and Peru, and those in which no office of the executive branch is able
to modify such proposals, as in Costa Rica and, as part of the budget for the
judicial branch, Mexico and Venezuela.
257. Lack of financial autonomy can hinder effective dispute resolution.
The Election Supervisory Committee for the Indonesian General Elections
in 2004 (Panitia Pengawas Pemilihan Umum, PANWASLU), a body that
was tasked by law with supervising the electoral process and had authority
93
6. Principles and guarantees of EDR systems
254. Another important aspect to consider in evaluating the degree of
functional independence of specialized electoral courts or EMBs with
judicial powers is their authority in budgetary and administrative issues. In
some cases a preliminary proposed budget is drawn up by the president of
the EDRB; in others, the EDRB itself draws up a proposed budget while in
plenary session.