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Democracy Dialogues on International Electoral Systems and Laws

USINFO Webchat transcript, July 13

Richard Soudriette, president of the International Foundation for Election Systems (IFES), discusses electoral laws and systems across the globe in a Democracy Dialogues webchat.

Following is the transcript:

U.S. DEPARTMENT OF STATE
Bureau of International Information Programs
USINFO Webchat Transcript

Democracy Dialogues: Electoral Laws and Systems

Guest:     Richard Soudriette
Date:      July 13, 2006
Time:      9:00-10:00 a.m. EDT (1300-1400 GMT)

USINFO WEBCHAT MODERATOR:  Welcome to USINFO webchats! Our webchat on electoral laws and systems will begin in just a few minutes at 1300 GMT.

We are already receiving your questions and kindly ask that you submit each question separately.

Richard Soudriette:  Good morning to all the participants of USINFO Web Chat. Today we will be addressing the important topic of electoral systems and electoral law. As the recent elections in Mexico demonstrate both of these elements play a vital role in building a sustainable democracy that possesses the confidence of the voters.

Since 1974 the number of electoral democracies has grown from 39 to more than 120 countries. The voting booth has become the internationally accepted instrument of political change.

It is important to stress that while there are basic international principles embodied by the U.N. Declaration of Human Rights that guarantees the right to participate in free and fair elections as a fundamental human right. Nevertheless for democracy to take root, it is important for it to be home grown. At IFES, the International Foundation for Election Systems, we like to say that, there is no blueprint for democracy. Each country must adapt the electoral system and the laws that best suit that country.

QUESTION [Mizanur Rahman Khan]:  Bangladesh adhered a non-party caretaker government system to conduct only general election that [is] unheard in the history of political science.

What is your comment?

ANSWER [Richard Soudriette]:  Thank you for your question. In response, there are several examples of caretaker governments whose main purpose has been to organize elections. This occurred in Mali in 1992 and in Haiti in 1990 when the caretaker government of Supreme Court President Ertha Pascual Trouillot served with the sole purpose of organizing presidential and parliamentary elections that led to the election of President Aristide.

WEBCHAT MODERATOR:  You can learn more about the work of IFES at their website.

Q [Regina]:  What is your opinion of the challenge to results in Mexico's presidential balloting? Ballot counting seems to be coming under increasing suspicion from all losers in elections...including the U.S.

A:  Thanks Regina. Mexico is a superb example of a country which has undergone a process of electoral reform. The Federal Electoral Institute and the Federal Electoral Tribunal have both established great credibility both within Mexico and internationally. With the closeness of the election the electoral law provides that recounts can be conducted only for those voting stations where official complaints have been filed. These will be looked into by the Tribunal. However, the law that was accepted and agreed to by all parties does not permit a complete nationwide recount. I expect the final decision will not come until September when the Electoral Tribunal proclaims the winner.

Q [LC Islamabad]:  What is the definition of Fair and Free Elections?

A:  Free and fair elections imply electoral processes and systems which are conducted openly and transparently. Also, it is important that competing parties and candidates have the ability to campaign and spread their message to the voters, without fear of reprisal. The best way to insure free and fair elections is to insure there is professional, independent, and transparent election administration.

WEBCHAT MODERATOR:  The State Department's online publication "U.S. Elections 2004" provides an introductory overview of the American electoral process for people who are not familiar with U.S. election practices and traditions.

The publication is also available in Arabic, Chinese, English, French, and Portuguese.

Q [Regina]:  Among the countries of Eastern Europe, which ones would you say are advancing the most in terms of holding clean elections, i.e. using accepted means of campaigning, debating, etc.

Do you think voters in Ukraine will be skeptical of the democratic election process now that election "loser" Yanukovych looks to be the next prime minister?

A:  Within Central/Eastern Europe, Hungary is truly a leader. They have developed an independent and professional election administration. Other leaders in the region include Poland, Slovakia, and all three of the Baltic States. In the case of Ukraine it still seems far from certain that the Party of Regions will be asked to lead the next government.

Q [Marek]:  Can you say something about electronic voting? This is touted as a way to ensure true ballot protection, but I think there will always be suspicion from voters who think the counts will be changed.

A:  Marek, you have raised an important question. Electronic voting systems seem to be increasingly favored by many countries such as Brazil, India, and Netherlands. These systems have been in use for many years in the United States. Because of the concerns you raise about ballot protection, many election administrators in the U.S. are now requiring electronic voting systems that have a back up verifiable paper trail. This feature is designed to mitigate concerns especially as they relate to close elections. Presently, the U.S. Election Assistance Commission has established a testing program for all types of voting equipment, including electronic equipment. The purpose is to develop guidelines that state and local election authorities in the U.S. can rely on when they are purchasing election equipment.

WEBCHAT MODERATOR:  You can learn about the work of the U.S. Election Assistance Commission by visiting their website.

"The U.S. Election Assistance Commission (EAC) was established by the Help America Vote Act of 2002 (HAVA). Central to its role, the Commission serves as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections."

Q [nivo_AJFD]:  In USA or any developed country, do you need to have international observers or people who supervise the vote (form other countries) to control the election?

A:  Thank you for your question. It is generally recognized that international election observation is important for every country around the world. In October 2005, the United Nations and some 25 international democracy organizations signed on to the International Protocol for Election Observation. This protocol encourages every country to allow for both international and domestic election observation. IFES has for the past 19 years has organized election observation missions around the globe in some 120 countries, including the U.S. In 2004, we hosted some 300 observers in the U.S. The purpose of election observation is not only to discover irregularities, but also to offer election officials the opportunity to learn from best practices.

Q [Mirija]:  What country should do if they want to have a meaningful election?

A:  In response to your question, countries need to focus on several elements. These include: an election law that permits full participation by all parties and candidates, an impartial, and independent election management body, and adequate financial resources supplied by the host country as well as international donor support if needed. Also, great care should be given to the design of the electoral system to insure that it will provide strong and sustainable democratic governance. Voter education is also imperative to insure that the people fully understand both their rights and their responsibilities as citizens.

WEBCHAT MODERATOR:  Today's chat is the first in our six-chat series "Democracy Dialogues: Free and Fair Elections." More information on this series can be found [on the Democracy Dialogues Web site.]

Q [Roland Madagascar]:  Can you give me some explications about the law on funding of the political parties during election?

A:  Former U.S. House Speaker Tip O'Neill said that money is the mothers milk of politics. Political finance is an issue that touches every country around the globe. IFES has been working in more than 30 countries to promote basic systems where electoral authorities can keep track of both contributions and expenditures by political candidates and parties. The key to political finance is disclosure and transparency and for countries to develop clear legislation to guard against corruption and abuse.

Q [Donga_RNM]:  Would you mind my asking you what are the different steps of the U.S. election?

A:  The U.S. has a very decentralized system of election administration. Elections are run by the state and local officials. There are two federal entities that are involved with elections. The U.S. Election Assistance Commission (EAC) which dispenses federal funding to state and local authorities for training and the purchase of equipment. However the EAC is advisory in nature and does not have enforcement powers. The Federal Election Commission is responsible for regulating the system of political finance in the U.S. They keep track of contributions and expenditures for federal candidates such as the president and Congress.

Q [Mirija]:  If a candidate is caught to have corruption during the poll, what might be his punishment in your country?

A:  The U.S. Justice Department has a Election Crimes Division that regularly prosecutes election law violations. If people are found guilty, they can be fined and even receive a prison sentence. Other countries have similar systems. Mexico recently established a similar unit within their Ministry of Justice that is charged with the same task.

Q [Donga_RNM]:  What are the advantages of using the unique ballot.

A:  Many countries utilize multiple ballots. This is the French system. The problem is when there are numerous parties and candidates. For example in Benin in 1993 there were more than 40 candidates contending for president. IFES worked with the election authorities to adopt a single ballot which was much more cost effective and also it was easier for the voters to use.

Q [Nivo_AJFD]:  What makes your electoral laws and constitution be overlasting and very efficient?

A:  The U.S. was blessed with founding fathers who created a Constitution that endures and helps guarantee a system of government of, by and for the people.

Q [Mirija]:  In [U.S.] election law, can any person stand by a candidate without there background?

A:  In the U.S., the only requirement for elective office is to be a registered voter. You cannnot be a felon.

In 1972, when I was 18 years of age I ran for Mayor of Tulsa, Oklahoma. I only received 1,387 votes, but the experience was a great one and made me dedicate my life to advancing democracy.

Q [Roland Madagascar]:  What about the international observers during an election in a country?

A:  International and domestic election observation is very important not only to guard against possible fraud, but also to provide morale support for the democratic process. In many countries where IFES has observed, the presence of international observers has been reassuring to the local population. It has been well received by local NGO's.

In the Dominican Republic in 2004 presidential elections, the international observers helped contribute to keeping the climate calm and encouraged people to turn out and vote.

Q [Nivo_AJFD]:  In Madagascar, a candidate used to run a campaign after the electoral campaign by showing his activities in inaugurating things in different places.

What do electoral laws say about that in your country?

A:  In terms of utilizing public resources for campaigning, in the U.S. there are very strict laws about this. For example, when the President makes a trip that includes any type of campaign stop, then the cost of that portion of the trip must be picked up by either the political party or the candidate being assisted.

Q [Donga_RNM]:  What are the conditions to belong and to join a party?

A:  Membership requirements for political parties vary from country to country. In the United States, anyone has the right to affiliate with a political party. There are no requirements for membership.

Q [Nivo_AJFD]:  How can a U.S. citizen vote if he/she is overseas?

A:  The U.S. permits voting abroad by its citizens. Normally, the citizen will need to contact the electoral jurisdiction where they are registered and request an absentee ballot that usually must be received by the election authority on or before the day of the election.

Q [Nivo_AJFD]:  How can you control the funding [of a] campaign in [an] election, do you have an electoral system on it?

A:  In the U.S., the Congress established the Federal Election Commission in 1974 to regulate contributions and expenditures of candidates and political parties pertaining to federal elections. Other countries rely on their electoral institutions to regulate political finance. This is increasingly a key area to combat corruption to build confidence in government.

Q [Nivo_AJFD]:  How to count the ballots in your country?

A:  In the U.S., we use a variety of systems. These include electronic voting machines, optic scan voting machines, punch card machines, lever machines and paper ballots. The actual counting process depends upon the technology used. Once the results are tabulated then they must be posted on the front door of the polling place. The only major exception is the State of Oregon which utilizes a total ballot by mail system. The ballots are counted on machines when they arrive in the election office.

Q [Roland Madagascar]:  In Madagascar, a election will be organized in 3 December.

But I think that there is a problem because the actual president is like a dictator. What do you think about this opinion?

A:  In the case of Madagascar, it is important for the civil society organizations in the country to work together to promote free and fair elections. It is also important to encourage the participation of both international and domestic election observers.

Q [Nivo_AJFD]:  If someone has been caught by bribery during the voting day (for instance, a candidate pays him/her to vote for him), what might be his punishment?

A:  The regular procedure is to bring election irregularities that would include vote buying, to the attention of the election authorities. In most countries this is punishable by either a fine or even jail time.

Q [Mirija]:  In our country civil society and some political parties want to change the electoral law, but the government does not allow them to do so.

What is the best way to guarantee a free, independent and fair election in this case?

A:  The best way to work towards free and fair elections is to develop an active and vibrant civil society. Leading up to an election NGO's can organize conferences dealing with all aspects of free and fair elections. These NGO's should also be encouraged to seek help from international NGO's involved in promoting democracy building. Also, organizing domestic election observation is a very important way to send a message to the authorities that the people are watching.

I want to thank all of our participants on this Democracy Dialogue on Electoral Laws and Systems.

We are fortunate to live in an age when the ballot is replacing the bullet as the preferred tool to bring about political change. Emerging and established democracies alike must always be vigilant and work to upgrade all aspects of their electoral systems. No one country has all of the answers and there is no single blue print for democracy. Nevertheless, we can all take heart from the fact that the trend in the 21st century is moving in the direction of a more democratic world.  Thank you.

WEBCHAT MODERATOR:  We thank Mr. Soudriette for taking the time to speak with us today. A transcript of today's webchat will be available on this site shortly and on our webchat station within a day.

Our next webchat in this series will take place on July 17 and will feature Ms. Kay Maxwell on the topic of “Voter Education.”

(While guests are chosen for their expertise, the views expressed by the guests are their own and do not necessarily reflect those of the U.S. Department of State.)