289. In most cases the choice of the President of the EDRB is left to the members
of the highest-ranking body in the EDR system. There are, however, some
exceptions. One such is the choice of the President by the body that appoints
the members – for example, the National Assembly (Asamblea Nacional) for
Nicaragua’s Consejo Supremo Electoral, the Riksdag for Sweden’s Elections
Review Council or the President of the Republic for Slovakia’s Constitutional
Court. In France, the President of the Republic, who nominates some of the
members of the Constitutional Council, also selects its President. Another
option is that the presidency is conferred ex officio on a particular member
of the EDRB by constitutional or statutory provision (for example in Peru it
is the member designated by the Supreme Court of Justice, Corte Suprema
de Justicia, while in Chile it is the member who is a current member of the
Supreme Court of Justice, Corte Suprema, or, if there is more than one, the
one with greatest seniority).
290. Some systems have independent EMBs whose President or highestranking member is appointed in a different way from the other EMB members,
accompanied by specialized electoral courts – whether autonomous or part of
the judicial branch.
291. EDRBs whose organs are made up of non-partisan experts often include
members who are not politically aligned or are appointed on the basis of their
professional capacities, often public figures recognized for their neutrality or
political impartiality. In many cases the legal framework requires that the
members of an EDRB of this sort have not been involved in party political
activity in the recent past, and that they are not members of any political
party while performing the functions of their position.
iii) Requirements of suitability and professionalism
292. The role of EDRBs in hearing and resolving electoral challenges requires
legal knowledge. Some systems thus require that EDRB members must be
attorneys (often including minimum levels of experience, such as 15 years
in Croatia, Kyrgyzstan, Mexico and Slovakia) or a member of some similar
profession in order to hold the position. The EDR systems that are entrusted to
the regular courts of the judicial branch inherently possess such provisions, as
do several of those that are entrusted to constitutional courts or administrative
courts, and some in countries that accord jurisdiction to specialized electoral
courts. Some impose the same requirements as for serving as a member of the
Supreme Court.
105
6. Principles and guarantees of EDR systems
should not be formally required in a technical body but may be justified
for the benefits of consensus and inclusiveness that should characterize every
democratic regime. There have also been cases of the legislative branch taking
a long time to fill a vacancy because it is unable to reach consensus.