U.S. Helsinki Commission

State Legislative Leadership in Election Transparency

Neil SimonCommunications Director(202) 225-1901neil.simon@mail.house.gov

NCSL Fall MeetingPhoenix, ArizonaDec. 8-11, 2010

Overview

• Travel to observe abroad

• Facilitate observation at home

• Legislate for transparency

• Promote U.S. foreign policy

Who observes

How it Works: Ukraine 2010

Election Calendar 2010-2011• Croatia (Jan.)

• Tajikistan (Feb.)

• Kyrgyzstan (June)

• Colombia (June)

• United States (Nov.)

• Haiti (Nov.)

• Belarus (Dec. 19)

• Finland (April 2011)

• Cyprus (May 2011)

• Turkey (June 2011)

• Bulgaria (Oct. 2011)

Selecting ObserversElection-related experience -administering or observing, including as volunteer

Cultural sensitivity

Health-ability to work long days/nights in field

Ability to complete election observation forms

English-Spanish for OAS Countries-Knowledge of host-country region

“The spread of democracy around the world has been one of the signal transformations of our times. Elections – observed by the international community, or assisted in other ways by it – are at the heart of this inspiring story.

The mere presence [of observers] can dissuade misconduct, ensure transparency, and inspire confidence in the process.”

Kofi Annan, United Nations Secretary-General at

2005 Ceremony of Endorsement for Principles of International Election Observation

History of U.S. observation2002, 2004, 2006, 2008, 2010

International commitments“They therefore invite observersfrom any other OSCE participating States and any appropriate privateinstitutions and organizations who may wish to do so to observe the course of their national election proceedings.” -COPENHAGEN DOCUMENT 1990

Different Language, Same Challenges

Missing names

Wrong precincts

Technological glitches

Experiences and solutions can be shared across languages and borders.

The U.S. in 2010

Less experience with international observers

Decentralized election system

Varying local laws and administrations

Original Research on State LawsMethodology:

State statutes were located using Westlaw’s natural language search and searching each individual state’s annotated code using the terms “election observer or election watcher or election poll watcher or poll watcher or election challenger.”

When search terms failed, the relevant code was located by searching the index of the code for sections that would indicate who is allowed to be present at polling locations during the conduct of an election.

STATES WITH LAWS ALLOWING PARTISAN OBSERVERS

50 ALLOW CT DOES NOT

ALLOW

U.S. HELSINKI COMMISSION

STATES WITH LAWS ALLOWING NON-PARTISAN OBSERVERS

42 ALLOW9 DO NOT ALLOW

U.S. HELSINKI COMMISSION

STATES WITH LAWS ALLOWING INTERNATIONAL OBSERVERS

SD MO DC

U.S. HELSINKI COMMISSION

State Legislation: The Solution

•Ensuring access

•Providing clarity •Upholding international commitments

Fulfilling a promise“International observation of US elections fulfills our commitments under multilateral agreements, provides us with valuable perspectives and denies autocrats around the globe the cover of saying that they don't have to accept observers because others don't.”

Patrick MerloeDirector of Electoral Programs, NDI

“International election observation has become an important part of the democracy-building process because of the opportunity to promote best practices and to exchange information.

NASS encourages the Secretaries of State, State Election Directors and all county and municipal election officials to lend their full support to facilitating international election observation where federal and state law allows.” -National Association of Secretaries of State adopted 2010

State commitments

http://go.usa.gov/1Qg

Observer Code of Conduct• Impartial

• Identifiable

• Professional behavior

• Non-interference

• No comments to media

• Compliant with laws and regulations

The local experience“Having international observers visit our county precincts and election office is an important part of ensuring a transparent process and provides an opportunity for learning and relationship building.

The visitors respect our process, stay out of the way and give our staff an opportunity to highlight how elections are administered in the county.”

-Edgardo Cortes General Registrar, Fairfax County, Virginia

State and Local Benefits• Information sharing

• Confidence building

• Transparency

• International model

Legislator and Staff Benefits

• Networking

• Knowledge

• Strengthening U.S. foreign policy

Courses of Action

• Meet with observers during U.S. observations

• Secretaries of State letters to local officials

• Communicate about observation

• State or local legislation

Legislative Action

• Add word or phrase “international observers”

• Add simple paragraph allowing access

• Pass detailed bill

Promoting Election TransparencyModel legislation to:

• Allow observers at precincts, counting centers

• Promote local cooperation with observers

• Forbid observers from interfering in electionModel state bills online:

Short bill -- http://go.usa.gov/1Q2

Long bill -- http://go.usa.gov/1Q4

U.S. Helsinki Commissionwww.csce.gov

Neil Simon(202) 225-1901

neil.simon@mail.house.gov