Access to Justice and Electoral Integrity
The establishment of a legal framework that ensures the independence
of electoral justice bodies is the first step in increasing citizen confidence,
but it is necessary to adopt other policies that ensure their complete independence and impartiality. The foremost consideration in a democratic
process should be the functional independence, regardless of institutional
forms. Proper legal frameworks and budgetary procedures can help
ensure impartiality, while public hearings and sessions can strengthen
citizen confidence and making information public in a timely fashion helps
provide transparency and accountability.32
It needs to be noted that providing the legal framework is just the
starting point. Implementation is key. Granted, the creation of electoral
justice bodies has a direct impact in the cost of the elections, but in turn
it bolsters public confidence and strengthens the rule of law.
The cost of elections varies greatly across and within different regions of
the world. One major factor in cost variations is the extent of previous
experience with multi-party elections. Significant discrepancies exist
between these costs in stable democracies, in transitional systems, and
those under special peace-keeping conditions. This tends to be the case
regardless of the region of the world, the level of economic development
and whether or not electoral traditions have been interrupted by periods
of military dictatorship. Statistically, the least costly elections (in U.S.
dollars), at around $1 to $3 per voter, largely take place in countries with
a long electoral experience such as the United States and most Western
European countries. Others include, in Latin America: Chile ($1.2), Costa
Rica ($1.8) and Brazil ($2.3); in Afric: Botswana ($2.7) and Kenya ($1.8); in
Asia and the Pacific: India ($1), Pakistan ($0.5), and Australia ($3.2).33
25