Recommendations 1. 1. Consultation and coordination are fundamental for any postponement or for any constitutional, legal or regulatory amendment process. Relevant stakeholders must be part of consultations on any proposed postponement or amendment, the changes need to be communicated clearly and the legal justification for changes must be clearly and thoroughly disclosed. 2. According to international principles, any suspension of electoral and political rights during an emergency must be temporary, and, therefore, wherever possible when an election is postponed, a new date should be set for the rescheduled election. 3. The timing of an election postponement is important to consider, especially when determining a new date for Election Day. Decision-makers should seek to consider electoral rights impacted by any postponement and formulate measures to restore those rights. 4. As modifications and amendments to electoral procedures are made, it is important to ensure fundamental electoral principles are preserved and to ensure election integrity vulnerabilities are not introduced as part of emergency amendments. 5. Opportunities to introduce new permanent measures that facilitate enfranchisement — particularly of vulnerable or marginalized groups — should be capitalized on. 6. 6. A variety of legal elements should be considered holistically when making decisions around election postponements and modifications: • The source of authority for setting or moving election dates, and legal or constitutionally mandated deadlines for transfers of power; • Provisions for continuity of power beyond the end of a term, or for caretaker governments; • Legal or constitutional authority for temporary derogation of rights or postponement of elections in emergency situations; • Laws or regulations enabling flexibility or modification of methods of carrying out election processes; • Specific processes and requirements for legal or regulatory amendment; • Timelines set in the legal framework for key electoral processes, such as voter registration, candidate registration, campaigning, certifying results and the resolution of disputes; • Statutory authority for the EMB to develop regulations and procedures; and • Provisions in the legal or regulatory framework requiring certain forms of transparency, inclusion of specific groups, disability access and consultation. 7. These legal elements must be considered alongside operational considerations (such as cost considerations and the ability to organize new elections), political considerations (such as opposition agreement to postponements or modifications), and contextual considerations (such as the need for transparency, consultation and public education). International Foundation for Electoral Systems -21-