Individual essay (scenario-based)
/ Assessed
Objective
The scenario-based
activity is immersive, and you act as the main character. Therefore, you are to
perform the tasks assigned to you as if they were actual challenges you face in
your workplace.
The objective of the
electoral scenario exercise is allow students to gain working familiarity
with the major electoral justice issues, measures and challenges.
NB: Please note that you cannot use the same case
study for more than three assignments.
Part One: Corrective vs. Punitive Measures
Analyse the following scenarios and explain which one calls for
corrective measures or for punitive measures by the Erehwon EDRS and why. Some
of them might call for a mixture of the two. In answering the question
illustrate what information you might you need to know to make your decision.
1)
Six months before the election, the Erehwon parliament passes a law
forbidding politically inspired protests. Domestic and international legal
scholars widely agree that this law violates the Erehwonian Constitution and
Article 21 of the International Covenant on Civil and Political Rights, which
Erehwon ratified in 1983. Two political parties file a complaint with the
Erehwon Supreme Court, which is empowered to interpret and modify Erehwonian
laws if they are inconsistent with the Constitution or international
obligations.
2)
The Erehwon Widget Manufacturing Concern, Ltd., a private corporation,
has told its 30,000 employees that it will pay 5 Hwonies (In 2016, 5 Hwonies =
1 Euro) to those who can demonstrate (by taking a picture of their marked
ballot) that they voted for the Erehwon People’s Party (EPP). It is not illegal
in Erehwon to take a picture of one’s own marked ballot inside a polling booth.
It is a crime to pay money to individuals for the purpose of inducing them to
vote for a particular party or candidate, or to not vote on election day.
3)
An electoral official at a polling station in Latipac City, the
capital of Erehwon, has failed to follow procedures and allowed voters to mark
their ballots on a table in the middle of the room, not in the private voting
booths.
4)
The police chief of Latipac City has denied the EPP a permit to
conduct a campaign rally during the campaign period, even though the EPP
complied with all notice requirements and other application rules. The EPP has
filed a complaint against the chief for taking this action.
5)
An Erehwonian citizen voted twice on the same day in the same
election, once in Latipac City where she currently resides, and once in
Deuxville, where she was born and her parents still live. It is a crime to vote
more than once in an election. The citizen’s name appeared on the voter roll in
both constituencies.
6) The Erehwon Ministry of
Trucks, Buses, and Very Big Cars (“the MoTBVBC”) is responsible for ensuring
that all ballots and other supplies are delivered to all polling centers and
stations by the day before the election. Because of very poor weather in snowy,
mountainous northern Erehwon, about 10% of the supplies did not arrive to
polling sites in that region until noon on election day.
Part Two:
Analyzing Sanctions in the Law
Erehwon’s Parliamentary Drafting Committee has been asked to devise a
new set of laws governing sanctions for wrongdoing in elections, including
administrative sanctions and criminal penalties. Below are some of the
Committee’s first attempts. Where, if anywhere, are there flaws in these provisions
and how might they be improved? What additional information might you need to
know?
1)
Erehwon Law on Elections, Art. 45: Any polling center or polling
station official who fails to perform in a satisfactory manner shall be
reprimanded.
2)
Erehwon Penal Code, Art. 87(b): Any person found to be using intimidation,
force, or the threat of force to induce another person to vote for a particular
candidate or party, or to prevent another person from voting in an election,
shall be punished with a fine between 50,000 and 200,000 Hwonies and
imprisonment.
3)
Erehwon Electoral Regulation Number 19, Art. 5: Any candidate who
makesa public statement during the official campaign period that insults the
dignity of any other candidate shall be assessed a fine of up to 5,000 Hwonies
for each such public statement.
4) Erehwon Law on Political
Parties, Art. 6(e)(1): The Erehwon People’s Party (EPP) and the Party for the
Erehwonian Revival (PER) shall be prohibited from advertising over all
broadcast media during the 48-hour period prior to the opening of polls on
election day.
Part
Three: Designing Erehwon’s New Electoral Dispute Resolution System
Erehwon has grown dissatisfied with its electoral legal framework and
its current EDRS institutions and has invited you to visit and consult with key
electoral stakeholders on developing a new EDRS to address electoral
challenges. Following two interesting but busy weeks in the country, travelling
to all parts and speaking with a range of electoral officials, lawmakers,
judges, law enforcement officials, party representatives, and others, you have
made the following preliminary conclusions about Erehwon’s political and legal
environment:
1)
Erehwon is currently polarized politically. Although there are 9
political parties in the country, all of which operate freely, the country’s Parliament
has been dominated for the last 30 years by two parties, the EPP and the PER.
There has been no violence between or instigated by either party, but the
rhetoric and the attacks by one party against the other have grown stronger and
nastier in recent years. Currently, a coalition led by PER has a narrow
majority in Parliament. EPP, the second largest party, is currently in
opposition.
2)
Erehwon’s regular court system, which hears all criminal and civil
matters in the country, is very well-respected and considered by all to be
independent. However, they face a large backlog of cases, resulting in lengthy
delays, especially in criminal proceedings.
3) The Elections Commission of
Erehwon is a body overseen by 5 judges appointed by the Erehwon Judicial
Council, a body consisting of all judges in the country.
With this information, what are some recommendations you might make
regarding what classification of EDRS would be best for Erehwon? What body or bodies
should be involved in the final decision-making regarding electoral challenges?
What role, if any, should other bodies have earlier in the electoral dispute
resolution process? What additional information might you need to know?