vi) Disqualification
308. To guarantee that those who judge electoral matters act impartially and
are not swayed by any personal or private interest, either their own or that of
someone else, the law often establishes grounds for disqualifying a member
of an EDRB from hearing a challenge in relation to which some conflict of
interest might arise. These differ from country to country, but include:
• having prejudice or a strong bias, that is, a preconceived judgement
formed without a factual basis;
• having a family relationship or an obvious friendship with or animosity
towards, or being the debtor or creditor of, any of the parties;
• having a personal interest in the matter, or that a member’s spouse or
any family member has a personal interest;
• having accepted gifts, services or invitations paid for by the interested
persons or their representatives;
• making a disclosure, that is, revealing facts related to a case under
judgement; and
• having made promises that imply partiality in favour of or against an
interested person or party.
309. When an EDRB member is called to sit in judgement and is affected
by any impediment or disqualification (even if not expressly provided for by
law), electoral legal frameworks provide that they must take the initiative
and declare themselves disqualified from taking cognizance of the matter
concerned. Should they fail to do so, it may be desirable for the party affected
to have the right to move for their recusal.
c) The framework for accountability and liability of the EDRB and
its members
310. As an indirect guarantee that every action, procedure and decision related
to the electoral process is in line with the law, EDR systems generally provide
for a framework of accountability and liability for the EDRB and its members
through which the performance of their public function is monitored, allowing
109
6. Principles and guarantees of EDR systems
to the importance of their function and the high level of professionalism
required. Such remuneration should enable members to live without pressure
and with dignity without the need to take another job. Indeed, doing so
is often prohibited: the function of EDRB membership at the highest level
requires full-time dedication not only because of its complexity and potential
workload, but also to ensure independence and impartiality. With these
objectives in mind, on occasion the law provides that the remuneration for
members of the EDRB should be equivalent to that of judges or members of a
high-ranking court such as the Supreme Court – for example, in Mexico.