Managing Elections in the Context of COVID-19: Perspectives from the Commonwealth - Commonwealth Elections and COVID-19 Briefing Paper
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Commonwealth Elections and COVID-19 Briefing Paper Managing Elections in the Context of COVID-19: Perspectives from the Commonwealth Issue 1, 2020
Commonwealth Elections and COVID-19 Briefing Paper 2020/01 1
Contents
Acknowledgements 2
1. Introduction: Elections and COVID-19 – An unprecedented challenge 4
2. Trends and challenges 4
3. Ensuring human rights and international standards for democratic elections 5
4. Key considerations for election management 7
5. Ensuring the safety and integrity of elections: Pre-election phase 10
6. Ensuring the safety and integrity of elections: Voting operations 15
7. Public outreach and stakeholder relations 18
8. Conclusions 23
Notes24
2 Managing Elections in the Context of COVID-19
Acknowledgements
Under the leadership of Luis Franceschi, Senior Director of the Governance and Peace Director-
ate, and Martin Kasirye, Head of the Electoral Support Section, this project was directed by Clara
Cole with support from Sonali Campion, Andrew Baines and the Political Team.
The Commonwealth Secretariat acknowledges with gratitude the work of Holly Ruthrauff and
Sarah Crozier in developing this paper, and the contribution of all Commonwealth election man-
agement bodies that responded to the survey and provided information.
The Commonwealth Secretariat and authors would also like to thank Toby James, Rushdi
Nackerdian, Alastair Rabagliati and Gilles Saphy for peer reviewing the draft.
Commonwealth Elections and COVID-19 Briefing Paper 2020/01 3
Abbreviations and Acronyms
ANFREL Asian Network for Free Elections
CEN Commonwealth Electoral Network
CEP Commonwealth Election Professionals
CSO Civil society organisation
EMB Election management body
ICT Information and communications technology
IFES International Foundation for Electoral Systems
NGO Non-governmental organisation
PPE Personal protective equipment
4 Managing Elections in the Context of COVID-19
1. Introduction: Elections and COVID-19 – An
unprecedented challenge
This paper provides election management bodies Other international election support organ-
(EMBs) and other stakeholders with an overview isations have also developed resources on
of the many issues that need to be considered COVID-19 and elections, some of which are
when managing election processes within the referenced here. The publication of this paper
context of the COVID-19 pandemic. It recog- will be followed by regional studies that will
nises the careful balance needed between taking focus on the specific challenges and experiences
steps to protect the health and safety of citizens faced in different parts of the Commonwealth.
and safeguarding democratic rights and free- To inform this paper, a survey was con-
doms through the conduct of genuine elections. ducted to collect information on the specific
As a global intergovernmental organisa- experiences of EMBs in the Commonwealth.
tion with a diversity of member countries, the Between 10 June and 3 July 2020, it was
Commonwealth Secretariat is well placed to be completed by 331 (62 per cent) out of 532
able to identify and share innovative practices Commonwealth EMBs. The authors would
related to COVID-19 and election manage- like to thank all those EMBs who participated
ment. The Commonwealth Electoral Network and shared their valuable insights. The find-
(CEN) brings together EMBs from across the ings of the survey have been incorporated into
globe to share experiences and support each the report, with specific data highlighted in the
other in meeting common challenges. During relevant sections. Additional sources of data
the COVID-19 period, the Commonwealth included individual stakeholder interviews
Election Professionals (CEP) Initiative has and a review of policy documents, webinars
conducted a number of regional webinars and the websites and social media presences
for its members to exchange experiences and of Commonwealth EMBs.
good practices related to the management of The paper ends with a list of conclusions
elections in these exceptional circumstances. – principles and lessons learned – which are
Commonwealth EMBs have appreciated the offered to help guide EMBs through the diffi-
sharing of experiences, and the CEN and CEP cult decisions and multiple tasks they face in
will continue to facilitate such opportunities. these unprecedented times.
2. Trends and challenges
2.1 Global state of play The initial reaction to the pandemic in March
Around the world, COVID-19 has disrupted led to a large number of countries declaring states
societies, economies and lives.3 The pandemic of emergency (or de facto states of emergency),
has also created an unprecedented situation putting their populations into lockdown. Many
globally for the conduct of elections. Decision- countries postponed election preparations such
makers and election authorities are faced with as voter registration, training of election officials
the difficult question of whether to postpone and voter education, as well as election dates
elections or to conduct them with the necessary themselves. Other countries scrambled to put in
safety measures in place to protect voters, elec- place the necessary health and safety measures
tion officials and other participants. While there in order to conduct elections. Globally, at the
has been a focus on the postponing of election time of writing, at least 67 countries have post-
day itself, in practice many other related pro- poned national and subnational elections while
cesses around the electoral cycle are having to 48 countries have held such elections.4
be delayed, and these are likely to impact on Since COVID-19 has affected countries and
elections not only in 2020 but for years to come. regions differently, the impact on electoral
Commonwealth Elections and COVID-19 Briefing Paper 2020/01 5
processes has also been uneven. The virus is Issues facing EMBs include making adjust-
currently spreading rapidly in some parts of ments to operations and planning at every
the world while other countries have loosened stage of the electoral cycle, reviewing regula-
restrictions in an effort to revive damaged tions and procedures, enhancing coordination
economies. As a result, elections are increas- with health, security and other authorities and
ingly taking place, albeit with health and safety increasing public outreach. At the same time,
measures that could become part of the process EMBs themselves are struggling with adjusting
for some time to come. Localised lockdowns are their own work practices to COVID-19 reali-
also becoming a feature as countries attempt to ties and with potential budget cuts as a result of
contain new outbreaks, thus affecting the abil- national economic crises. Such pressures have
ity to hold elections in those areas. Meanwhile, meant that EMBs have had to prioritise which
many national elections around the world have health and safety measures to implement, find
taken place, and others are still on schedule to solutions for new logistical challenges and
be held this year. make tough choices regarding the conduct of
At the same time, leading international elections at this time.
bodies and non-governmental organisations COVID-19 has been a test of EMB prepared-
(NGOs) are warning of the risks to democracy ness. EMBs with crisis management plans
that measures taken during the pandemic can have been better positioned to respond to the
bring – whether deliberate or not – and high- pandemic than those that did not have them.
lighting the need for vigilance.5 Countries that experienced earlier epidem-
ics such as severe acute respiratory syndrome
2.2 The role of election management (SARS), Ebola or avian influenza in some cases
bodies developed preparedness measures that have
Dealing with the implications of COVID-19 has meant they are better placed for dealing with
placed a huge set of responsibilities on EMBs. the current crisis, with appropriate legislation
Regardless of whether it is the EMB itself or or regulation already in place. All countries
the government that is responsible for setting can learn from COVID-19 to anticipate future
dates, or postponing elections, EMBs will have forces majeures on their elections – be they pan-
to cope with an array of challenges posed by demics, natural disasters, cyberattacks or some-
organising elections in the COVID-19 period. thing else.
3. Ensuring human rights and international
standards for democratic elections
3.1 The primacy of human rights elections in shaping the society in which they
The Commonwealth is committed to “equality live’. It further emphasises members’ opposition
and respect for the protection and promotion to all forms of discrimination and their com-
of civil, political, economic, social and cultural mitment to the rule of law as an essential pro-
rights, including the right to development, for tection for the people of the Commonwealth.6
all without discrimination on any grounds as As the United Nations has stated, human
the foundations of peaceful, just and stable soci- rights are key in shaping the COVID-19
eties.” The Commonwealth Charter reinforces response, both for the public health emergency
the commitment of Commonwealth members as well as for the broader impact on people’s lives
to the international human rights framework, and livelihoods.7 The exceptional circumstances
including the Universal Declaration of Human of the pandemic and the need to preserve lives
Rights and other relevant international human may require states to adopt extraordinary mea-
rights instruments. It recognises ‘the inalienable sures, including those that restrict some human
right of individuals to participate in democratic rights, including civil and political rights.
processes, in particular through free and fair However, human rights also provide states with
6 Managing Elections in the Context of COVID-19
the means to navigate such crises and limit The pandemic is challenging the ability of states
potential negative consequences. to maintain these key election principles. The
International human rights instruments concept of ‘periodic elections’ means that they
allow states to derogate from their interna- will take place according to a regular timetable,
tional obligations ‘in time of public emergency set by law. While practice differs about how long
which threatens the life of the nation and the the timeframe should be, this principle gives
existence of which is officially proclaimed’.8 certainty to all political actors that elections
However, such derogations must be those take place on a regular basis. Postponement
strictly required by the situation, prescribed of elections runs contrary to this principle
by law, proportionate and non-discriminatory. and therefore should be carefully handled to
Some human rights, including the rights to life maintain stakeholder confidence (see below,
and to freedom of thought, conscience and reli- ‘Political considerations’).
gion, cannot be derogated. Once elections are held, other key election
principles must be facilitated. In particular, uni-
3.2 Protecting fundamental freedoms versal suffrage protects the rights of all eligible
International law recognises a number of fun- persons to vote, and the right to vote requires
damental freedoms that provide the basis for a state authorities to facilitate this regardless of
democratic society as well as an enabling envi- circumstances. Providing arrangements that
ronment for the conduct of genuine elections. allow all voters to register and cast their ballot
At the same time, the pandemic has required safely will continue to be a challenging task for
states to introduce unprecedented restrictions election authorities during this period. At the
to prevent the spread of COVID-19, in line with same time, the increased use of some alterna-
their public health obligations. Restrictions tive voting methods, such as postal voting and
have included lockdowns and bans on public proxy voting, may make it more difficult to
gatherings, which have had the effect of also guarantee the secrecy of the vote.
limiting some fundamental freedoms - in par- Despite the difficulties, it is crucial that states
ticular the freedom of movement and freedom and election authorities maintain their com-
of assembly. However, while these limitations mitment to these key election principles in
can be justified by the need to protect pub- a time of crisis. The conduct of genuine elec-
lic health, the urgency of the health response tions during this period (when circumstances
should not be used as a pretext to unreasonably allow) provides governments with the neces-
limit these and other fundamental freedoms, sary popular legitimacy to meet the significant
such as freedom of expression, freedom of asso- challenges they face.
ciation, freedom from discrimination and the
3.4 Inclusive participation
right to an effective legal remedy.
In an election context, any restrictions on One of the biggest challenges for election
fundamental freedoms may call into question authorities at this time is to ensure inclusive
the ability to provide a level playing field, in participation.9 Now more than ever, EMBs
particular during the campaign, and ultimately need to take measures to facilitate the participa-
raise doubts about the legitimacy of the election tion of vulnerable groups. While it is true that
process. ‘COVID-19 does not discriminate’ in terms of
who it infects, certain groups are at greater risk
3.3 Maintaining key election principles of poor outcomes and are therefore taking extra
International human rights instruments set out a precautions that may affect their ability to par-
number of key election principles. These include: ticipate. At the same time, those who are self-
isolating or in quarantine because of possible
• Periodic elections exposure or who are infected and at home or in
• Genuine elections hospital also have the right to vote and should
• Right to vote be able to exercise it.
• Right to stand for election When planning election processes during
• Universal suffrage this period, election authorities must consider
• Equal suffrage the needs of all of these specific groups and how
• Secret ballot their participation can be facilitated. This may
• Free expression of the will of the electors. require the introduction of alternative voting
Commonwealth Elections and COVID-19 Briefing Paper 2020/01 7
methods, such as those mentioned above and period to facilitate participation and informa-
the use of mobile ballot boxes/polling stations. tion sharing, such as providing voter informa-
It will also require specific voter education ini- tion online, may not be accessible to all citizens.
tiatives so that all citizens know how they can Therefore, any such solutions should also have a
vote safely. low-tech component. For example, information
Election authorities should also be aware that could also be circulated via radio, telephone or
any digital solutions implemented during this printed materials.
4. Key considerations for election management
We have seen that authorities deciding whether meant that in some countries, it has been up to
to hold or postpone elections during the the judicial system to make the final decision
COVID-19 period must carefully balance a on whether an election can go ahead or should
number of competing priorities. On the one be postponed.
hand, there is a democratic imperative to hold As of July 2020, 19 Commonwealth coun-
elections on a periodic basis in line with the tries had postponed elections (including by-
timetable set by law and ensure that govern- elections and local elections as well as national
ment – at all levels – has the legitimacy that elections) since the beginning of the pandemic,
comes from a democratic mandate. On the and 12 Commonwealth countries have now
other hand, there is the responsibility to pro- held elections, including several countries that
tect lives by following the guidance of health initially postponed them.10
authorities and creating a safe environment that The diversity of the Commonwealth commu-
enables people to exercise their right to vote. nity means that states’ COVID-19 experiences
While at the beginning of the pandemic there to date vary considerably. Some small island
appeared to be a stark choice for countries to states in the Pacific or Caribbean are either yet
make between postponement of elections and to have COVID-19 cases or have successfully
their conduct with mitigating measures in place, contained a limited number of incidences but
experience in the past months have shown that remain on alert. Other countries are experienc-
in practice most countries will experience both ing an exponential rise in cases and still do not
of these options at various times. appear to have reached the peak. Meanwhile,
It may be necessary for health reasons to post- countries coming out of lockdown are ner-
pone an election for a certain amount of time, vous about the prospect of a second wave of
but eventually elections will need to be held – infections.
either because of a legal deadline or because of The general responses from EMBs to the sur-
pressure from stakeholders or the public to go vey indicate that regardless of where countries
to the polls. Survey data have shown that some currently stand in relation to the pandemic and
election authorities in the Commonwealth are what stage of the electoral cycle they are at,
postponing by-elections while trying to keep EMBs expect that COVID-19 will have long-
the timetable for eventual nationwide elections term implications for their work, in what has
on track. One risk when elections are postponed been referred to as the ‘new normal’.
is that a backlog develops, which may be diffi- This section looks at the range of issues that
cult for election authorities to handle in future. EMBs and other relevant authorities need to
While in some countries, the EMB has the consider when managing elections during the
authority to set the date of elections or decide pandemic as well as in future unexpected crises.
to postpone them, in most jurisdictions these
decisions are made by government or parlia- 4.1 Health and safety considerations
ment and the EMB has to carry out its respon- A clear lesson coming out of the pandemic is
sibilities according to these decisions. The the need for close cooperation between election
unprecedented nature of the pandemic has authorities and health ministries. In the survey,
8 Managing Elections in the Context of COVID-19
Figure 1. Responses to the survey regarding contact crisis should be framed by the rule of law. This
with health authorities will ensure that the democratic and constitu-
Are you in regular contact with the health authorities about tional order is upheld.
Covid-19 and how it might impact the election process? In countries where the government has put
in place a lockdown (or other serious restric-
tions on citizens’ mobility) or where a serious
health threat has been identified, government
and election authorities may need to consider
whether there are legal possibilities for the
postponement of elections.11 The options will
depend on the legal or constitutional framework
and whether there are provisions that contem-
Yes No
plate postponing elections in crisis/emergency
situations. In the survey of Commonwealth
22 commissions (67 per cent) reported being in EMBs, 45 per cent of respondents (15) said
regular contact with the relevant health author- their country had force majeure legal provi-
ities (see Figure 1). sions in relations to elections; while 63 per cent
Health authorities generally provide over- (21) said that their EMB had preparedness/cri-
all guidance on what types of activities are sis management provisions in place, of which
allowed/recommended, based on the latest two thirds (14) covered health-related emer-
evidence of the presence and spread of the gencies. According to international law, such
coronavirus in a country. Such guidance and a postponement of elections as a derogation of
restrictions provide a framework for what elec- civil and political rights under the International
tion-related activities may be allowed and what Covenant on Civil and Political Rights (ICCPR)
mitigating measures may need to be taken. In should be exceptional and temporary and
some countries, there may be restrictions that, therefore time bound – by setting either a new
for example, limit the number of people who date for elections or a date when the decision
can congregate. This may negatively impact will be revisited.
the ability of political parties or contestants to In countries without legal provisions allow-
hold rallies or other mass events, but it may be ing for postponement, it will be important to
possible to open polling stations. If there is a understand whether rules on term limits and
‘lockdown’ on public activity to limit the spread electoral deadlines can be legally modified or
of the virus, however, then it may not be pos- temporarily overridden through emergency
sible for certain election preparations or voting provisions.12 In some cases, it may be neces-
to go ahead until the restrictions are lifted. As sary for countries to pass emergency legislation
the spread of the pandemic is unpredictable, to allow for election-related deadlines to be
the advice from health officials can also change extended. A number of countries have adopted
quickly so it is important to maintain regular ‘states of emergency’ that grant extensive pow-
contact and adjust measures accordingly. ers to the Executive, which usually call for elec-
Where election authorities have been work- tions to be delayed. While such exceptional
ing closely with health authorities, they have in measures may be necessary in the context of
some cases developed specific measures for how the pandemic, they should not be misused
elections can be held safely. Such guidance may for political purposes, particularly if elections
include guidelines for polling officials, measures take place under extraordinary circumstances.
for health and safety measures in polling sta- Again, international law requires that such
tions and codes of conduct for voters or other emergency measures be proportionate, based
stakeholders. A number of EMBs – including in law, time-limited and non-discriminatory.13
Australia (for the 4 July Eden-Moreno by-elec- The body responsible for postponing an elec-
tion), Namibia and Sri Lanka – have developed tion may not be the same as the body that has
guidance together with health authorities. responsibility for announcing an election. For
example, in New Zealand the executive sets
4.2 Legal considerations the dates for an election while an election can
As mentioned above, all considerations for be postponed through a super-majority in the
managing elections during a pandemic or other parliament. Once an election is postponed,Commonwealth Elections and COVID-19 Briefing Paper 2020/01 9
the constitutional and legal framework may hardships, including widespread youth unem-
call for a caretaker government or the current ployment and diversion of budgetary resources
term of the government representatives may during the pandemic, are likely to be increasing
be extended. In the United Kingdom, local drivers of conflict as well during this period.
councillors had their term of office extended
by one year after emergency legislation was 4.4 Operational considerations
passed to postpone local elections, and in New Elections are operationally complex and require
Brunswick, Canada, local elections have been meticulous planning to be successful. Election
postponed for up to one year with the local authorities need to consider the feasibility of
councils remaining in place. all aspects of election operations, and how
Regardless of the legal framework in place, they may be impacted by the pandemic. As the
transparency in the decision-making pro- health situation and guidance from the health
cess and consultation with all political forces authorities continues to develop, election offi-
in the country are crucial when considering cials will need to constantly make adjustments
postponement of elections. An open approach to election planning and preparations. During
to the question will help to avoid politicisa- the planning process, election officials will need
tion and will promote public confidence in the to anticipate emerging needs as much as pos-
authorities during a critical period. Ultimately, sible and prioritise measures that can be imple-
however, it may not be possible in some cir- mented to mitigate risks around transmission.
cumstances to reach political agreement on While many challenges concern costs, equally
the postponement of elections, and it may be important are practical considerations such as
necessary for the judiciary to provide legal or identifying adequate spaces and personnel for
constitutional interpretation and guidance, as new measures.
has happened in a number of countries during Survey respondents identified a number
this period. of operational challenges currently faced by
EMBs: 85 per cent reported that their staff had
4.3 Political considerations been working from home, conducting meetings
While political parties and candidates will inev- online, while 60 per cent reported that they had
itably be considering the political impact of the had to postpone major events (see Figure 2).
timing and potential postponement of elections, Two thirds foresaw logistical difficulties in
it is crucial that the election authorities avoid relation to COVID-19 for their next elections,
any potential politicisation of the decision- ranging from problems recruiting staff to chal-
making process and proactively demonstrate lenges in enforcing social distancing, an issue
their independence and impartiality. Again, that was specifically highlighted by a number of
transparency and inclusive political party con- EMBs.
sultations by EMBs promote confidence among More than half of respondents (58 per cent)
the public and election stakeholders and make reported experiencing delays to procure-
it more likely that necessary steps can be taken ment. Many EMBs import election materials
with broad political acceptance. from abroad, and international supply chains
There may be political contexts where pub- have been deeply disrupted by the pandemic.
lic pressure for elections is such that no post- Countries holding elections during this period
ponement of elections is possible, or where will probably also need to procure additional
to do so would be seen to risk the democratic materials to comply with safety requirements,
gains/foundation of the country. In such cases, such as personal protective equipment (PPE –
it may be necessary to go ahead with elections masks, gloves, visors) and hand sanitiser, which
as originally planned, putting in place all neces- may be difficult to obtain during this period.
sary mitigating measures to protect the health At least one EMB foresaw that distribution of
of election officials and voters. materials would take longer and staff would
In conflict-affected countries, decisions to need to be paid overtime.
either maintain or change the timetable of Electoral timelines also present challenges.
elections may carry increased risks of spark- One EMB mentioned their concern that dead-
ing unrest or political tensions and should be lines (especially those in the constitution) not
carefully considered. The increased economic be missed because of the added challenges from10 Managing Elections in the Context of COVID-19
Figure 2. Responses to the survey regarding operational challenges
Has COVID-19 caused any other operational
difficulties/challenges for the EMB?
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
EMB staff Internal/ Major Preventing Days to Days to Other
working external events contracts procurement recruitment
from home meetings postponed from being
held online fulfilled
Responses
COVID-19. Another EMB pointed out that, had already had its budget cut. Several EMBs
although they do not have elections planned for reported having to postpone investments due
a while, they still need to be ready in case snap to budgetary constraints, including the mass
elections are called. purchasing of election materials, a planned
decentralisation of election administration
4.5 Financial considerations offices and the introduction of new digital sys-
Almost all of the Commonwealth survey respon- tems. Several EMBs also expressed concern that
dents (94 per cent) said that they expected bud- government hiring freezes would prevent them
getary implications related to COVID-19 for from conducting recruitment or hiring tempo-
their next elections, including increased staff- rary staff for the elections.
ing costs, the need to procure PPE and the cost There are no easy solutions to budget-
of voter information and education regard- ary issues, and EMBs are likely to face tough
ing any new measures.14 A number of survey choices. Given these constraints, they may need
respondents further explained that the antici- to prioritise putting in place those measures
pated increased costs came at the same time that they believe will have the greatest impact
as they expected fewer budgetary resources to on the safety and integrity of the election pro-
be allocated because of competing COVID-19 cess rather than introducing a broad range of all
priorities and the overall economic crisis result- possible measures in response to COVID-19.
ing from the pandemic. One EMB said that it Low-cost solutions can also be identified.
5. Ensuring the safety and integrity of elections:
Pre-election phase
5.1 Adequate legal/procedural frameworks voting methods, extend voting over more than
In addition to the legal considerations dis- one day or reduce contact during the election
cussed above for considering how an election preparations and election day will need an
date might be postponed, legal or regulatory adequate legal basis. Issues that are regulated
changes may need to be made to accommodate in law will require changes by the parliament,
any necessary measures to conduct elections while issues that are in election regulations
safely during the COVID-19 period. For exam- and/or procedures can typically be changed by
ple, any actions taken to introduce alternative the EMB or relevant authority.Commonwealth Elections and COVID-19 Briefing Paper 2020/01 11
Some countries have electoral frameworks democratic and inclusive elections. However,
in place that foresee emergency situations, voter registration processes have also been dis-
including pandemics, and therefore provide rupted by COVID-19.
the necessary flexibility for implementing Voter registration is either active and peri-
the mitigating measures required to prepare odic, where voters are requested to come and
for and hold elections. Often, however, legal register prior to each election, or passive and
changes are needed. In a number of countries continuous, where the voter list is updated
that have been affected by COVID-19, public between elections on an ongoing basis and
health measures such as a ban on public gather- then typically displayed for checking with a
ings and social distancing have caused parlia- request for voters and stakeholders to indicate
ments to suspend their sessions or limit them any changes prior to an election. Although
to urgent business only, while others have been both types of voter registration are impacted
able to continue through virtual proceedings.15 by COVID-19, active registration exercises
Such circumstances make amending legislation are particularly affected as voters are gener-
more challenging. ally required to come in person to register, and
Although the principle of legal certainty only after their physical participation will the
argues against changing laws just prior to elec- draft register be created. Voters are then usually
tions, the circumstances brought about by encouraged to return during the voter display
COVID-19 may make certain changes neces- period to ensure their registration was properly
sary. It is crucial, however, that any legal changes recorded or to request any changes.
involve wide consultation with political actors While there are a few countries (e.g.,
as well as civil society to promote public and Australia, India, New Zealand and the United
stakeholder confidence in the process. Kingdom) where remote (online or postal) voter
Limitations on the functioning of parliaments registration is an option, in most cases active
during the pandemic have also affected longer- voter registration will require voter’s physi-
term election reform processes, especially in cal presence to check identification and, in the
countries where virtual proceedings may not be case of biometric voter registration, to collect
possible. For example, in The Gambia, the coun- the biometric data. In some cases, states have
try’s major constitutional and electoral reform postponed voter registration – in the survey, 12
process was paused because of the temporary states (36 per cent) reported having had delays
suspension of parliament. Similarly, South in this regard. In other cases, voter registration
Africa’s EMB also reported delays to their own has moved ahead with safety measures in place
electoral reform process due to the suspension such as the use of hand-washing/hand sanitiser,
of regular parliamentary processes. PPE, social distancing and minimising contact.
In the survey, 14 EMBs (42 per cent) reported
having made changes to voter registration pro-
Box 1. Adapting legal frameworks for cedures. In Samoa, the Office of the Electoral
pandemics Commissioner conducted door-to-door voter
New Zealand’s Electoral Act 1993 has been registration. In Ghana, the in-person compila-
amended at various points to specifically provide tion of a new biometric voter register was ini-
for polling disruptions caused by terrorist acts, an tially postponed because of the pandemic but
epidemic notice or a cyberattack on the Electoral later proceeded (after a further delay due to
Commission’s electronic operating systems as
well as by natural disasters and riots or disorder.
legal challenges). Health measures – including
The Act was further amended on 11 March 2020 social distancing, temperature checks, use of
to provide for using alternative voting processes in PPE and biometric scanner cleaning between
response to polling disruption. uses – were introduced to protect staff and the
http://www.legislation.govt.nz/act/public/ public.16
2020/0002/latest/LMS234392.html In most countries, the preliminary voter lists
are displayed by the authorities for a number
of days so that voters can check the accuracy
5.2 Voter registration of the information and request any changes.
An up-to-date voter register is generally seen While the voter list display is usually done in
as a requirement for conducting genuinely person, countries have shifted this process12 Managing Elections in the Context of COVID-19
online or over the phone where there is ade- 5.3 Candidate nomination
quate capacity to do so to minimise personal The candidate nomination process also usually
contact at this stage of the process. A number of involves a degree of personal contact. In some
Commonwealth countries also allow the possi- cases, legal provisions require potential candi-
bility for voters to check their voter registration dates to collect a certain number of voter signa-
status online or over the phone (e.g., Jamaica, tures to access the ballot. In such cases, signature
Nigeria and Trinidad and Tobago). collection must follow the health guidance and
It is also important to note that changes made would ideally be held outdoors. During this
to voting methods may need to be reflected in period, it may be difficult for vulnerable groups
voter registration – for example, the ability to to participate. Remote signature collection solu-
send postal ballots would rely on the inclusion tions may be possible where the infrastructure
of postal addresses on the register. Measures and legal framework allow for them.
that either increase or decrease the size of a poll- Potential candidates are typically required to
ing station may also affect where a voter votes, submit their nomination documents in person
and this information will need to be adjusted to the election authorities. Where this is nec-
on the voter list as well as provided to the voter. essary, election authorities may be able to take
Finally, using alternative voting methods – measures such as lengthening the available time
for example, proxy voting or mobile ballot for submission of nomination papers and allo-
boxes –generally requires some form of specific cating time slots to candidates to avoid queues,
registration/application during the pre-election as in Malawi. Remote and drop-off solutions
period. These procedures must also be adjusted may also be possible.
to mitigate risks of COVID-19 transmission In some electoral systems, political party
and be accessible to people with COVID-19 primaries are held for internal selection of can-
symptoms or in quarantine. didates. In such cases, the same health mea-
sures foreseen for election day will need to be
Box 2. Online voter registration followed, regardless of whether primaries are
services organised by the EMB or by the political parties
South Africa’s Independent Electoral Commission
themselves.
provides an online platform ‘MyIEC’ that allows
voters to check their voter registration status as 5.4 Recruitment and training of election
well as to make any address changes online.
officials
India’s National Voters Services Portal (https://
www.nvsp.in/) allows voters to register online, correct Recruitment of an adequate number of polling
their entries and check the status of their application. officials can be a difficult task in any election
but is likely to be more challenging during the
Figure 3. Graphic from the voter education
COVID-19 period. Experience so far has shown
programme of the Electoral Commission of India
encouraging voters to check their registration that in some countries, polling officials may be
status online or by phone reluctant to participate due to health concerns.
Depending on the recruitment practices of dif-
ferent election authorities, polling officials may
include categories that are more vulnerable to
COVID-19, such as the elderly. At the same
time, countries will typically require a greater
number of polling officials to, for example, con-
trol the queue and cover any additional polling
stations, early voting or multiple days voting
that may have been introduced to lower the risk
of transmission of the virus (see below, ‘Voting
operations’). Election officials may therefore
need to make extra efforts to identify suitable
additional polling officials and to explain the
protective measures they have put in place.
In a typical election, there are a number of
trainings conducted by the election authorities:Commonwealth Elections and COVID-19 Briefing Paper 2020/01 13
for voter registration officials, for election com- 5.5 Voter education
mission members and staff in the headquarters Voter education is always an important respon-
and regional offices and – usually a massive effort sibility of election authorities; however, this is a
– for polling officials around the country before crucial function during a pandemic. Voter edu-
election day. With new health and safety mea- cation campaigns serve a dual purpose at this
sures in place because of COVID-19, it is crucial time: explaining to voters how they can par-
that election officials at all levels are trained in ticipate in elections, highlighting in particular
any new procedures and provided with neces- any changes that have been made to procedures
sary information to prevent transmission of the or voting options; and providing information
virus during election-related activities. on the measures that have been put in place
Health restrictions that limit public gather- to ensure their health and safety. The latter is
ings and travel are likely to make in-person necessary to bolster public confidence in the
trainings impossible. Where restrictions allow election process and encourage participation.
public gatherings up to a certain number of If voters do not have confidence that they can
people, trainings may be held with limited vote safely, turnout could be adversely affected,
numbers and with relevant safety measures in potentially impacting on the legitimacy of the
place (social distancing, masks, hand sanitis- process overall.
ers), although this is likely to require additional It is particularly important to reach vulner-
resources as more training sessions will need to able groups with voter education during a pan-
be held. For example, in Ghana, trainings for demic. The elderly and those with underlying
election officials are limited to up to 20 persons conditions are the most at risk from COVID-
per session. Trainings may also be held outside 19 and therefore will need to be persuaded that
where possible to further decrease the chances measures are in place for them to vote safely.
of transmission of the virus. Voters in self-isolation due to COVID-19 will
In countries where in-person trainings can- also need to be reached with information about
not be held, election authorities will need to how they can cast a ballot. Voters in remote
consider whether it is possible to conduct train- locations and those speaking minority lan-
ings remotely. A number of election authorities guages also need to be considered.
have shifted their trainings to online platforms; Depending on the health restrictions in
however, such an approach requires a certain place, it may not be possible or advisable to hold
level of resources and information and com- in-person voter education events. Therefore,
munications technology (ICT) infrastructure. other means of communication will need to
Even where such infrastructure exists, some be used, including traditional media, social
officials may struggle to gain access to the train- media, online platforms and printed materi-
ing – for example, those in rural areas or older als. Materials and messaging from the health
officials who may lack ICT skills. One option authorities can also be usefully integrated into
may be to use radio programmes for this pur- voter education.
pose. Printed training guides should also be Civil society organisations (CSOs) also carry
produced alongside trainings, although it may out voter education initiatives, amplifying the
be challenging to keep them up to date as health efforts of EMBs (see below, ‘Relations with civil
measures continue to evolve. society’). CSOs can be particularly adept at tar-
geting specific groups of voters, including vul-
Box 3. EMB training practices nerable groups.
Election authorities in Fiji are conducting all
in-house training and workshops in the form of 5.6 Election campaign
internal online training/webinars through the use
Political parties and candidates typically engage
of Google Meet videoconferencing.
In Bangladesh, in-person training based on with citizens and provide information on their
institutional curricula have been changed to an platforms during the election campaign. Health
online training system. restrictions that limit or ban public gatherings
In St Vincent and the Grenadines, the Electoral also limit the ability of political contestants to
Office is preparing a training handbook that will also conduct in-person campaign events such as
serve as a guide for its public relation sessions on
elections and COVID-19.
rallies and to participate in events such as can-
didate debates and roundtables. Door-to-door14 Managing Elections in the Context of COVID-19
campaigning is also likely to be prohibited or alike should have the possibility to challenge
limited. In countries where elections are held decisions of the EMB both for administrative
in these circumstances, opportunities for cam- problems and for any violation of their elec-
paigning will be primarily on traditional media toral rights during the process. While election
(TV, radio, print) and online. commissions may have to handle certain types
Such limitations on the campaign raise issues of complaints, there should be access to judi-
of a level playing field, as incumbents typically cial review or equivalent process17 on specific
receive a certain amount of coverage in their aspects, including the results.
official capacity and are therefore likely to be The pandemic is likely to exacerbate existing
significantly more present in the media than issues and challenges regarding access to elec-
their opponents. The cost of political advertis- toral justice. In many countries, there are issues
ing may be prohibitively expensive for certain of access to representation and ‘legal illiteracy’
parties and candidates. While the internet can that represent obstacles for people to access
offer relatively inexpensive opportunities for electoral justice and are likely to prove more
political parties and candidates to get their daunting during this period. The costs of rep-
message out, parties are likely to have varying resentation already act as an obstacle to many
levels of technical capacity to mount online people but will be compounded by the eco-
campaigns, and more sophisticated online nomic hardship brought by COVID-19.
operations are also expensive. The complaints and appeals process for elec-
The likely increased importance during elec- tions held during the COVID-19 period will
tions under COVID-19 of media campaigns, probably also have to be adjusted, depending
especially using broadcast media, makes level- on the circumstances. The submission of com-
ling the playing field in the media even more plaints is often done in person at the office of the
crucial than it usually is. election commission or the court. Depending
Limiting the campaign to media and online on the restrictions in place, this may not be pos-
outlets may also raise questions about whether sible, or it would need to be done with appro-
voters receive sufficient information to make an priate health and safety measures. Alternatives
informed decision. Inclusivity may also be an might include for complaints to be submitted
issue, especially if the campaign shifts primarily remotely or the provision of a drop-off box at
online, as not all voters have access to the inter- the relevant authority.
net. The lack of regulation of the online cam- More challenging may be the actual pro-
paign in most countries may also allow a greater ceedings to consider complaints. During the
degree of disinformation and misinformation COVID-19 period, many EMBs and courts
to be shared and potentially make women can- alike are not open to the public and have per-
didates and those from other vulnerable groups sonnel working from home. In some cases,
more susceptible to online abuse. courts are operating with virtual proceedings –
either on online platforms or by phone. Where
health restrictions are less stringent, it may be
Box 4. Improving conditions for a level possible to hold in-person hearings with health
playing field and safety measures in place.
While election authorities have differing If processes are transferred online, then con-
responsibilities regarding the campaign depending sideration should be given to ensuring access to
on the context, there have been examples of all persons to bridge issues of the ‘digital divide’.
EMBs taking steps to promote a level playing field Legal professionals and judicial officials may
and ensure that voters receive information on
contestants.
also lack the necessary ICT skills for online
In Jamaica, the Electoral Commission has the proceedings and may require relevant training
possibility to increase the campaign finance limits or assistance. Electronic evidence may require
for justifiable reasons, which could include extra specific handling and may be affected by video
spending needed to conduct a virtual campaign. quality and other technical issues.
The principle of effective redress requires
bodies adjudicating election complaints to
5.7 Complaints and appeals ensure that these are considered in a timely
The right to effective redress is a key principle way. However, timelines for adjudication are
of democratic elections. Voters and contestants likely to be affected by lockdowns and otherCommonwealth Elections and COVID-19 Briefing Paper 2020/01 15
restrictions and case backlogs may develop. measures adopted for the elections if, for exam-
Case management in such circumstances will ple, they could be considered discriminatory,
be especially important to address such issues impact the right to vote or affect the level play-
and avoid unnecessary delays. ing field.
It is also possible that complaints might arise
specifically related to any special COVID-19
6. Ensuring the safety and integrity of elections:
Voting operations
Despite COVID-19, elections will need to take voters, particularly from vulnerable groups,
place eventually in order to preserve demo- can choose to vote in advance of the main poll-
cratic rights, even if they are initially post- ing day. However, such arrangements also have
poned during infection peaks. Indeed, several cost implications for EMBs, such as extra staff-
Commonwealth countries have already held ing. Polling centres – which in many countries
national elections since the advent of the are school buildings – also have to be avail-
pandemic.18 able for more days or alternative venues found.
Moreover, sensitive materials including the bal-
6.1 Early voting and/or multiple days lots and ballot box must be kept secure over the
voting voting period.
A number of Commonwealth countries previ- Similar to early voting, extending voting over
ously had some provisions for early voting and more than one election day also has the poten-
others have put provisions in place in response tial effect of decreasing crowding in polling sta-
to COVID-19. The main advantage of early tions. Again, this would have cost and security
voting in the current situation is the potential implications, and legal provisions would likely
avoidance of large crowds and long queues as to need to be changed to allow for it.
Countries that allow for out-of-country vot-
ing will also need to review procedures in light
Box 5. Early voting and multiple days of COVID-19.
voting
6.2 Alternative voting options
Voting for the 2020 New Zealand general election
will start two days earlier than usual, in response to Alternative voting options include postal,
COVID-19, in order to ensure everyone has time to telephone, online, proxy and mobile voting.
vote. Some Commonwealth countries already have
In Canada, four days of advance polling have these systems in place while others are look-
long been available for all voters starting 10 days
ing at them as potential solutions as part of
before an election – a measure that was designed
to boost turnout but will be useful for conducting their COVID-19 response (see Figure 4). For
elections during the COVID-19 period. example, one country responded in the survey
In South Africa, voters can apply for a special that it is considering mobile ballot boxes for
vote on a pre-determined day before election day those in quarantine while another is consider-
as specified in the electoral calendar if they are not ing changing legislation in order to introduce
able to travel to their polling station because they
are physically infirm, disabled or pregnant, or if they
proxy voting.
cannot vote at their polling station on election day. On the other hand, one EMB that has alter-
In Trinidad and Tobago, voters in at-risk groups native voting measures in place (mobile poll-
receive ‘special elector status’ that allows them to ing stations for care homes/hospitals) explained
cast their ballots at an earlier date at special polling that they are not planning to use these for their
stations to reduce their risk of exposure to the
next elections because of the risks of bringing
virus. Special polling stations will also be opened in
quarantine facilities. COVID-19 into such institutions. This contri-
bution highlights the need for EMBs to consult16 Managing Elections in the Context of COVID-19
Figure 4. Responses to survey regarding alternative voting mechanisms
Doesyourcountryhaveprovisionsfor
alternativevotingmechanisms?
18
16
14
12
10
8
6
4
2
0
Mobile polling Early Online/mobile Postal Proxy None
stations voting phonevoting voting voting
with the health services over such matters for the
latest advice, particularly for vulnerable groups. Box 6. Alternative voting methods
The introduction of any new system should In Sri Lanka, for the first time, procedures have
not be rushed through. If such options are been introduced for medical staff to be able to vote
not already foreseen in the legislation then by post as they will be on duty on polling day.
they would require legislative changes, which In Canada, an internal working group set up by
the EMB to develop a new operational approach in
may be difficult to pass with the appropri-
the context of the pandemic and post-pandemic
ate scrutiny during a pandemic (see above, period is looking at the capacity of the existing
‘Legal framework’). Remote voting systems vote-by-mail system to handle a much larger
such as by post or online can also raise con- number of electors, among other issues.
cerns over the secrecy of the ballot, and it is
important that any changes to voting systems
are preceded by a wide consultation of all 6.3 In-person voting on election day
stakeholders to ensure maximum public con- The use of handwashing, disinfectant gels and
fidence. Postal voting relies on the capacity of sprays and PPE for polling station officials are
a country’s postal system and may not be an becoming increasingly standard practice to
option in many countries as a result, especially reduce the risk of transmission. Although some
when postal services are also under pressure measures have cost implications, many low-
due to the pandemic. Internet voting brings tech, low-cost solutions are also available to help
a number of technological challenges and prevent the spread of the virus on election day.
trust issues. Countries may therefore prefer to Social distancing both in and outside of poll-
expand any existing provisions for established ing stations is likely to be a key feature of voting
alternative voting provisions in their countries under COVID-19. Queue management is an
rather than introducing new ones, at least in important part of this process, and experience
the short term. shows that extra staff may be required to safely
While COVID-19 has given renewed impe- manage voters as they stand in an expanded
tus to debates on alternative types of voting, new line with social distancing. Larger venues may
voting systems are best considered as long-term also be needed for polling stations to accom-
plans that require investment and time as well modate social distancing.
as new legal provisions. Systems that involve As well as the regular cleaning of surfaces
the introduction of digital technologies in par- in polling stations, such as voting booths and
ticular need to be carefully considered with a tables, it is also possible to reduce the number
feasibility study and broad stakeholder consul- of surfaces touched by, for example, asking vot-
tations and then piloted before being used in an ers to hold up their documents or place them
election.19 According to the survey, two coun- on the table for inspection rather than handing
tries, Australia and Pakistan, have used forms them over to staff. Voters can also be encour-
of internet voting in some elections for specific aged to bring their own pens to mark the bal-
groups of voters such as people overseas or with lot paper and/or be required to wear facemasks,
visual impairments. which can include homemade face coverings.Commonwealth Elections and COVID-19 Briefing Paper 2020/01 17
Procedures may also be put in place to deal voting procedures and the advice of the health
with people who show symptoms of COVID- authorities. The advice given to voters, and new
19, although care should be taken that any behaviour or actions required from them, will
such actions are carried out in a sensitive way also vary from country to country depending
to protect those potentially affected from being on the health situation and specific election
stigmatised and to avoid creating panic. Where arrangements. Care should be given to ensure
possible, alternative arrangements should be that any requirements are reasonable and not
made for them to cast their ballot to safeguard likely to result in disincentives for people to
their right to vote while also ensuring the safety vote, particularly those from vulnerable or
of other voters and polling officials. minority groups.
Each EMB will need to decide which mea- As knowledge of how the virus spreads devel-
sures to adopt given available resources, precise ops, advice may change on which measures are
Box 7. Sri Lanka tests new procedures in mock election
The Election Commission of Sri Lanka conducted wet; an alcohol-based spray was found to be more
mock elections and mock counting ahead of its effective.20
5 August parliamentary elections to see how its Figure 5. Photo of Sri Lanka’s mock poll, published
COVID-19 measures worked in practice. Such by the Election Commission
measures include asking voters to wear facemasks,
to bring their own pen or pencil to mark the ballot
paper and to respect social distancing while queuing.
Polling officials were shielded behind plastic barriers
and wore masks and gloves. Voting ink was applied
using disposable cotton buds.
Civil society representatives were able to observe
the mock poll and invited to provide feedback. The
exercise allowed officials to better estimate the extra
time required for voting and to make adjustments to
procedures based on the experience. For example,
having voters washing their hands with water
proved unsuccessful because the ballot papers got
Box 8. Minimising crowds, protecting the vulnerable
For the 5 June 2020 St Kitts and Nevis elections, Figure 6. Detail from Singapore’s voter information
an additional poll worker per polling station was material
recruited to identify and give voting priority to
fragile elderly, heavily pregnant and differently abled
persons.
Nigeria has developed a policy document on
conducting elections under COVID-19. Among
many topics it covers are plans for a voter code of
conduct and protocols for voters or election officials
presenting COVID-19 symptoms on election day.
Malaysia plans to designate special polling places
for voters with COVID-19 symptoms.
In Singapore, to minimise crowding at
polling stations during the 10 July 2020 elections,
voters were allocated a two-hour ‘time-band’
during which they were strongly encouraged to go
to vote. They could check the queue status at their
polling station online beforehand (https://
voteq.gowhere.gov.sg/). A time band in the
morning wasalso reserved for the over-65s, and
there was a priority queue for seniors and persons
with disabilities.You can also read
