Comparative Election Administration: A Legal Perspective on Electoral Institutions

Forthcoming, Comparative Election Law, Edward Elgar Publishing, 2020

Ohio State Public Law Working Paper No. 520, December 2019

40 Pages Posted: 10 Dec 2019 Last revised: 15 Dec 2019

See all articles by Daniel P. Tokaji

Daniel P. Tokaji

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: December 9, 2019

Abstract

This chapter examines the institutions responsible for administering elections around the world and considers what law, lawyers, and legal scholars might do to strengthen democracy through their improvement. A now-substantial body of literature examines election management bodies in both emerging and established democracies. The consensus is that independent election administration is essential to electoral integrity. This chapter challenges the conventional wisdom in two respects. First, it argues that the formal independence of election management bodies is less important than their functional impartiality. Interactions between election institutions and political parties often promote evenhanded administration better than complete insulation from politics. Thus, formal independence may ultimately detract from functional impartiality. Second, this chapter challenges the narrow focus on election management bodies and attendant disregard for other institutions involved in elections, especially judicial and quasi-judicial actors. It argues that comparative analysis should focus on the interaction among the various entities that collectively comprise the electoral system, including both administrative and adjudicative bodies. The chapter concludes by proposing criteria for assessing electoral systems and suggesting that election lawyers and scholars engage more deeply in international election observation.

Keywords: Election Law, Election Administration, Comparative Election Law, Comparative Law, Election Management Bodies, Voting Rights, Election Reform

JEL Classification: K00, K1, K23, K3, K39, K42

Suggested Citation

Tokaji, Daniel P., Comparative Election Administration: A Legal Perspective on Electoral Institutions (December 9, 2019). Forthcoming, Comparative Election Law, Edward Elgar Publishing, 2020; Ohio State Public Law Working Paper No. 520, December 2019. Available at SSRN: https://ssrn.com/abstract=3500868 or http://dx.doi.org/10.2139/ssrn.3500868

Daniel P. Tokaji (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
47
Abstract Views
266
PlumX Metrics