courts, with varying motivations. Unfortunately, there is no clear body of law to guide judicial decisionmaking and support reasonable and fair remedies that protect both democracy and public health. Major Findings and Recommendations Legal amendments in a crisis situation present both risks and opportunities. The potential for emergency power to be abused for political gain cannot be understated. To guard against this risk, it is important to understand the different types of electoral integrity vulnerabilities, and ensure these vulnerabilities are not introduced or exacerbated through election postponement or emergency amendments. Conversely, opportunities to introduce new permanent measures that facilitate enfranchisement — particularly of vulnerable or marginalized groups — should be capitalized on. The table below sets out key international principles, good practice and legal considerations to guide decision-making on election postponements and modifications. Figure 1: Key International Principles, Good Practice and Legal Considerations Election Postponements Election Modifications International Principles and Good Practice International Principles and Good Practice • Any decision to postpone elections should be transparent, consultative and inclusive. • Any amendment process must be consultative and inclusive. • Any measures that derogate political and electoral rights in emergency situations must be necessary, proportional, nondiscriminatory, temporary, limited in scope and clearly communicated. • Any measures that derogate political and electoral rights in emergency situations must be necessary, proportional, nondiscriminatory, temporary, limited in scope and clearly communicated. • Any postponement to periodic elections should be limited in duration and focus on the minimum time needed to prepare for and ensure safe elections, with broad-based political agreement if possible, to ensure the restoration of rights. • International standards set out in the International Covenant on Civil and Political Rights (ICCPR), Universal Declaration of Human Rights, Convention on the Elimination of all Forms of Discrimination Against Women and Convention on the Rights of Persons With Disabilities and other conventions should be protected. • Legal certainty and stability must be preserved. • Rules must be clear and precise, and amendments clearly communicated. Key Legal Issues to Consider Key Legal Issues to Consider • Are there rules on term limits and electoral deadlines, where do these reside, and how can these be legally modified or temporarily overridden via use of emergency provisions? • Is there flexibility in the law regarding methods of carrying out election processes? • Are there legal or constitutionally mandated deadlines for transfers of power? • What are the specific processes and timelines for legal or regulatory amendment? • Are there legal provisions for continuity of power or for caretaker governments, and are these applicable? • Does the election management body (EMB) have statutory authority to develop by-laws, regulations and procedures? • Which body has legal authority for setting and/or moving election dates? • Are there provisions for decision-making if the laws are silent on election postponements? • Are there timelines set in the legal framework for key electoral processes? • Is there an electoral code of conduct? • Are there provisions in the legal or regulatory framework requiring transparency, inclusion, disability access and consultation? Learn more by visiting the full collection of papers in the IFES COVID-19 Briefing Series.6 Find more resources at IFES’ COVID-19 Survival Guide for Democracies.7 -4- International Foundation for Electoral Systems