For example, effective budgeting, procurement, expenditure control and monitoring systems are
essential for successful management of voting operations, and a clear legal and regulatory framework
governing the EMB’s use of its financial resources is essential.70 In a crisis situation, this becomes even
more challenging, as countries may need to consider whether the EMB has the financial authority
necessary under the law to accommodate modifications such as the purchase of personal protective
equipment (PPE) for poll workers.
With respect to voter registration processes, these must be fair, comprehensive and inclusive, and
potential voters must be aware of the registration process and have reasonable opportunities and
relatively easy access to complete it.71 In the wake of the pandemic, this may require legal or procedural
changes to achieve — for example, by adapting how voters prove identity or residency or by restarting
the voter registration process to achieve enfranchisement of newly eligible voters, as was the case
in Spain. In some instances, certain mechanisms may exist in the law that could be extended — for
example alternative mechanisms for verifying identification or residency that are used for pastoralists
or indigenous communities.
Campaigning is also a challenge in the pandemic. In Lithuania, the campaign period for the October 2020
parliamentary elections started on April 10, and there is no constitutional possibility for postponement.
The EMB has allowed campaign finance registration documents to be filed by email during the lockdown,
subject to later submission of hard copies, but consideration may also need to be given to the fact
that under current lockdown conditions, the advantage of incumbency is potentially exacerbated.72
Montenegro’s Law on Financing of Political Entities and Election Campaigns restricts state and local
spending for a six-month period in advance of a major election and requires that data on social welfare
payments be published at regular intervals throughout campaign periods. Such measures can prevent
misuse of state funds to secure votes — yet the health crisis necessitates higher than normal spending
on social support programs at present, and elections are set to be held no later than October 2020.
Restrictions on freedoms of movement and assembly will inevitably impact the way campaigns are
conducted, and new measures may be needed to preserve a level playing field. Here again there is a
need to be vigilant about the potential for manipulation of legal provisions — for example, those that may
restrict the ability of candidates and parties to challenge government responses and communications
related to the pandemic.
With respect to candidate nomination, in general a citizen should be permitted to stand for election and
to be duly elected to office in his or her country, and it is therefore critical to ensure that the restrictions
on candidacy and the nomination process are clearly stated in the electoral law and consistently
applied.73 In Romania, the government issued an emergency ordinance in April postponing the 2020
local elections, but the ordinance also allowed candidates to register with half the number of support
signatures previously required, and introduced the possibility of submitting lists of signatures in an
electronic format.
A unique complication during the pandemic relates to out-of-country voting (OCV). While the legal
frameworks of many countries around the world provide for the enfranchisement of expatriates, the
degree to which these voters are enfranchised in practice is mixed. In the Dominican Republic the
constitutional mandate for the president and Congress ends on August 16, 2020, and elections scheduled
for May 17 have been postponed to July 5 due to COVID-19.74 The EMB has noted the difficulty of
facilitating OCV, as the mechanism for it depends on the restrictions being imposed by host countries.
Well over half a million citizens are registered for OCV and may be disenfranchised. A similar challenge
was encountered during the South Korea elections.75
International Foundation for Electoral Systems
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