The legal framework for elections has several sources, and each source may have more or less flexibility for change. The international publication IDEA, International Electoral Standards: Guidelines for the Review of the Legal Framework for Elections, provides this very useful table that indicates the source, formal authority and flexibility of amendments:[i] A legal framework is always essential. Legal norms are binding and determine how the regulation of an electoral system works. Legal instruments ensure the security and security of electoral acts. The NEC consists of five Commissioners and a secretariat. Each Commissioner, with the exception of the Chair, is assigned an area of delegated responsibility. The specific area of `legal affairs` falls within the mandate of a particular Commissioner, although decisions are taken jointly by the Council. Another contextual factor that complicates the process is demographics. As a small country island with only about 90,000 inhabitants and 60,000 voters, everyone knows everyone and news of what people say will move easily – for better or worse. This has made it problematic to promote legal reform, as people tend to avoid questioning views because words can simply circulate and have repercussions. From a procedural point of view, the court competent to rule on the unjustified exclusion of a member of a political party must rule on various issues. The court must rule on the constitutionality and legality of the rule applied by the party. The court must then determine whether or not the partisan authority that decided this case had the power to do so.
The tribunal must also determine whether various rights of the member, such as the right to be informed of allegations against him or the right to due process, were procedurally respected. Countries differ in the organization of their territorial, political and state systems, which affects the design of their electoral frameworks. Similarly, the legal instruments and traditions on which the electoral framework is based vary. These factors have a major impact on the design and revision of frameworks. c. Formalization of applications The formalization of applications must be objective: verify that candidates meet the eligibility criteria and, once their names are confirmed, they must be officially announced without delay. Any fraudulent activity aimed at limiting the number of applicants or obstructing any of the eligible candidates must be prevented. For reasons of fairness and trust, it is important that the registration process be accessible and transparent and that deadlines allow candidates a reasonable amount of time to meet the requirements. [iii] The application must include the person`s name and proof of identity, nationality, age and voter registration.
The absence of exclusion conditions (the right to vote and non-compliance with one of the ineligibility criteria have not been withdrawn) can be proven by a certificate from the competent authorities (e.g. a negative criminal record) or even a formal statement and a declaration by the candidate. The above requirements should be justified by the legal framework of each country. An identity card, passport, civil registry or other proof of identity is sufficient to justify age or nationality requirements. In the absence of such documents, the legal framework should allow for the production of evidence by other effective means. Official documents issued in the country (driver`s licenses, censuses or municipal registers, etc.) that provide sufficient evidence should be preferred, rather than setting up new documentation or verification systems that can delay the electoral process and increase costs. The legal framework should clearly define the tasks and functions of the EMB. These should include, in particular: According to many opinions, election calls are legal instruments that must be used by law to correct, amend, repeal or repeal defective, erroneous or illegal executive decrees or court orders. By way of illustration, the review of appeals and other challenges and the related section on annulment of elections will be based primarily on a case study on Latin America. This approach will highlight trends, but also the wide variety of specificities and terminologies that can be applied. Electoral reforms in Ghana are carried out continuously, particularly before or after important activities such as voter registration, voting and post-election evaluation, which assess the effectiveness of certain administrative and legal provisions and initiate reforms. Over the years, various electoral laws have been promulgated under different governments in the form of articles, decrees, constitutional and legislative instruments.
The Electoral Commission (EC) is a body that has the exclusive mandate and legal responsibility to administer all essential elements for the conduct of elections in Ghana. The electoral reforms that led to the 2012 parliamentary elections and the post-election judicial review, as well as the preparations for the 2014 local elections, represent a unique feature for the administration of electoral reforms in the country.