Conduct for Voters that set out strict measures to protect public health and the integrity of the polls. A code of conduct is a written set of rules developed by an EMB to govern the behavior of certain groups. A code of conduct is not necessarily legally binding, although it can be, but has moral and political authority and can be a powerful tool to supplement the legal framework for elections.60 A code of conduct is not necessarily legally binding, but has moral and political authority and can be a powerful tool to supplement the legal framework for elections.” Regardless of whether a modification may be made at the procedural, regulatory or legislative level, consultation remains fundamental. This is particularly true when a new voting process is being introduced or an existing limited process is being extended to a wider swath of voters. For example, globally available options for external voting — such as proxy voting, in-person balloting at designated locations, or postal/ electronic/fax voting — each have their own limitations with respect to the provision of a secret and secure vote.61 Provision of these special polling options may help to widen the franchise but may also engender political controversy.62 There may also be underlying systemic manipulation vulnerabilities where the introduction of a new process stands to benefit a political incumbent. The current situation regarding presidential elections in Poland is instructive. The presidential election was scheduled to take place on May 10, 2020, and the ruling party declined to declare a state of emergency —with many commentators suggesting that this was due to concerns that delaying the election would harm the incumbent’s chances of reelection and would prevent changes to electoral legislation.63 Subsequently, the ruling party introduced new legislation to facilitate voting entirely by mail.64 The now-passed Act on Special Rules allows both postal and in-person voting, and shifts many critical functions of the independent EMB to the Ministry of State Assets, including “powers to design the ballot template, design the mail voting package and … determine the manner of handling completed ballots and related materials ...”65 The minister of state assets is a member of the president’s party, and the director of the Polish Post was replaced with an ally of the president’s party.66 The amendments were put forward about a month ahead of the scheduled election date, violating international standards for legal stability close to an election,67 as well as domestic standards.68 Now that the legislation has been adopted, Poland’s ruling coalition has agreed to postpone the election. The plan, announced in a statement by members of the ruling coalition, was to allow May 10 to pass without holding elections, have the Supreme Court, whose acting president was handpicked by President Duda, confirm the invalidity of elections that were not held, and have the speaker of the lower house call new presidential elections “as soon as possible.”69 The Polish situation demonstrates the potential for all three types of integrity vulnerabilities — fraud, malpractice and systemic manipulation — to be introduced as part of emergency amendments to election processes. Practical Considerations for Legal, Regulatory or Procedural Amendments While the introduction of new polling systems may be rare, it is likely that more minor modifications to electoral processes are going to be necessary in almost every election taking place globally in the short to medium term. Stakeholders need to start thinking now about what these modifications might be, and what legal or regulatory amendments they might require. These adjustments are likely to be necessary at all stages of the electoral process, from voter registration to counting and reconciliation of results. As these modifications and amendments are being made, it is important to ensure fundamental electoral principles are preserved and that integrity vulnerabilities are not introduced. -16- International Foundation for Electoral Systems