The particular architecture of facilitators and safeguards that provide a legal framework for identity will vary from country to country, and there is no guiding model. However, this section highlights some important areas and issues that should be addressed within a comprehensive legal framework for identification (as enshrined in Principles 8, 9 and 10, see section II). principles). For a more detailed discussion of the legal and regulatory framework, see IDEEA. Period Circumstances or reasons for reforms Legal instruments Content of proposed reforms Outcome of reform After the 1999 elections At that time, there was no electoral legislation. It was therefore necessary to adopt electoral laws. The Elections Act of 2001 – The law was the first legal framework governing the conduct of national, state and local elections. The 2001 Electoral Law was adopted by the National Assembly. After the 1999 elections A trial of the Attorney General of Abia, in which the constitutionality of the 2001 law was questioned, as it had an impact on the conduct of municipal elections.
The Electoral Law of 2002 – Repeal of the Law of 2001.- Deletion of the sections relating to the conduct of municipal elections by INEC, as this was constitutionally within the mandate of the Independent State Electoral Commissions (SIEC). The 2002 electoral law was adopted by the National Assembly. After the 1999 elections Lawsuit filed by the CENI challenging the powers of the National Assembly to determine the order of elections. A Bill to Amend the Electoral Law of 2002 – Reduction of the number of days required for the publication of the announcement of the elections.- Guarantee the powers of the CENI to determine the date and order of elections.- Reduce the number of days required for parties to present a list of candidates The Electoral Law amending the Law of 2003 has been adopted. [5] After the 2003 elections, the 2005 Electoral Reform Act – empowers the CENI to appoint the Secretary of the Commission.- Creation of a CENI fund to contribute to the fiscal independence of the Commission.- Higher limits on campaign expenses.- Provide for harsher penalties for electoral offenses.- Provide for continued voter registration.- Prevent sitting officials from voting as delegates to party primaries.- Set deadlines for changes to Party Candidates.- Changes to election petition procedures. The 2006 electoral law was adopted because some provisions of the law were not taken into account. After the 2007 elections The report of the Electoral Reform Commission (2008) [6] – Creation of four different institutions that share responsibility for the administration of elections.- Abolition of independent electoral commissions of the State.- The Council of the Judiciary should be responsible for the appointment of the President of the CENI.- Appointment of a Vice-President of the CENI, who should be of a different sex from the president.- Independent candidates should participate in elections – Prohibit the crossing of carpets in the National Assembly.- New limits on individual donations to candidates. The Committee`s report was presented and served as the basis for the White Paper, which contained proposals for constitutional reform. Constitutional amendment laws after the 2007 elections (2009 and 2010) – Financial independence of INEC through the Consolidated National Fund.- INEC members must not be partisan.- INEC is not subject to control in its administration and operations.- Modification of electoral calendars.- Powers of the National Assembly to enact laws that apply internal democracy to the party and the CENI to monitor party primaries. New quorum for electoral tribunals.
– Avoid term extensions following re-elections. The 1999 constitution was amended twice before the 2011 elections. After the 2007 Law amending the Electoral Law of 2010 – Provisions to expedite appeals procedures by setting time limits for deciding on appeals.- CENI has the power to remove dormant political parties from registration.- INEC has the authority to supervise mandatory party primaries.- The outcome of party primaries may be challenged in court.- Proposal to exclude persons appointed for reasons Voting policies as delegates to party congresses. The 2010 electoral law was passed and amended once before the 2011 elections. In addition, the IEC has conducted ongoing discussions with political parties on an individual basis. On some occasions, the IEC has also taken up topics of media debate, often initiated by representatives of political parties on specific legal issues. As a result, political parties had several entry points to contribute (directly and indirectly) to the process. In addition, normative projects, the reform of normative projects and the creation of international or regional electoral systems (e.g.
European Union, Central American Parliament), the creation of national (in each country), state, autonomous, departmental, municipal or district electoral systems must take into account the cultural, economic, legal, social and political specificities that affect electoral institutions and electoral processes. This reality applies to both the enforcement and jurisdiction of electoral laws. In summary, money in politics and the recognition that money in politics should be addressed in some way through the legal framework is phenomenally consistent around the world. Political parties and candidates have a clear personal interest in organizing an election and, therefore, their representatives should be allowed to observe all aspects of the process, including the voting and counting process. The legal framework should define both the rights and obligations of party representatives and candidates during the election. [vi] In addition to the right to observe procedure, it is good practice that the legal framework requires that disputes or complaints by voters regarding the operation of the polling station submitted by a representative of a party or candidate be recorded in writing in polling station documents. [vii] On the other hand, the authorized political representative must not otherwise interfere with the conduct of the polling station and, of course, no campaigning, political posters or intimidation is allowed. The chairman of the electoral commission should have the right to dismiss representatives in case of violation of the rules governing their presence. Caution should also be exercised with regard to the objectives of a final review such as the annulment of elections. In order to express the will of the people, election results should be annulled only in exceptional situations where evidence of illegality, dishonesty or fault is evident and the election result has been distorted.
[ii] It thus appears that there are two radically different views on what constitutes substantial reform of the electoral legal framework and whether the pace is acceptable. According to one observer of Jordanian politics, “polarization has indeed reached potentially dangerous levels.” [xv] Another commented: “If various opposition forces do not see the elections as credible, you will see real signs of instability.” [xvi] Another complexity concerns the legal basis, Article 6.1. (e) GDPR for the processing of personal data for fraudulent purposes. While this may seem like a new requirement of the GDPR, it is similar to the old condition for processing functions of a public nature in Schedule 2 of the Data Protection Act 1998. In order to fall within that requirement, account must be taken of whether an act adopted on the basis of that requirement provides for a public service mission in that context (edps.eurpoa.eu, p. 6). The international and national advisers conducted a comprehensive review of Sierra Leone`s electoral legislation (including international legal instruments) and also took into account election observation reports. The review revealed several shortcomings in the electoral framework and political parties, thus feeding into the draft recommendations prepared by the consultants, as well as the reform debate in general. The MEC cooperates with a number of stakeholders when working in the specific area of legal electoral reform.