S4-006: Enhancement of Democracy Act of 1181

An Act of The Nydian Senate in the Year 1181

An Act to Ensure Free and Fair Elections.

Wrote by Alexandr Hovanian (The Liberal Democratic Union)

### Preamble

We, The Liberal Democratic Party propose these reforms to introduce a new act to expand upon the structure and duties of the Central Election Board that is instrumental to our democracy. In this act we hope to ensure that this matter need never be revisited again by creating the necessary requirements to facilitate this organisation and ensure free and fair elections forever.

His Majesty, by and with the advice of the Senate and the Privy Council, enacts as follows:

## SECTION 1: Organisation of the Central Electoral Board

### Subsection 1: Creation and Facilitation of the Central Electoral Board

Paragraph A: The Central Electoral Board (CEB) shall be established as a non-ministerial, independent agency tasked with organising and overseeing all elections and referenda in Nydia alongside other ascribed duties.

Paragraph B: The Central Electoral Board (CEB) shall be tasked with all duties ascribed below.

Paragraph C: The Central Election Board receives funding from the Ministry of the Interior and is required to subject a projected budget at the beginning of each fiscal year.

## SECTION 2: Responsibilities of the Central Election Board

### Subsection 1: Registering Political Parties

Paragraph A: The Central Election Board is responsible for registering all political parties and regulates party compliance with this act.

Paragraph B: Should any political party breach the requirements of this act, the Central Election Board is authorised to impose fines upon those parties responsible at a total representative of the severity of the breach in regulation.

Paragraph C: The Central Election Board is required to maintain a register of all political parties that in the Kingdom of Nydia.

### Subsection 2: Accurate and Complete Electoral Registers

Paragraph A: The Central Election Board is required to produce guidance for the registration of individuals entitled to vote.

Paragraph B: The Central Election Board is required to publish performance standards for electoral registration in the Kingdom of Nydia. Each local authority is required to report against these standards and information acquired from such reporting is to be made public.

Paragraph C: In the event that a local authority does not report against the required standards, or consistently fails to meet them, the Central Election Board is authorised to impose a fine representative of the severity of the failure upon said local authority.

Paragraph D: The Central Election Board is required to conduct a series of campaigns to promote public awareness ahead of elections and throughout the year to encourage those legally entitled to vote to register and do so.

Paragraph E: Such campaigns conducted by The Central Election Board are required to prescribe particular attention to audiences that are less likely to be present on the electoral register, including, but not limited to, recent home-movers, students, and Nydians living overseas. The Central Election Board is required to report on its performance after every election.

### Subsection 3: Well-run Elections

Paragraph A: The Central Electoral Board is required to provide guidance on electoral administration to returning officers and results officials in the Kingdom of Nydia.

Paragraph B: The Central Election Board is to establish performance standards for returning officers and referendum counting officers in the Kingdom of Nydia and ensure they are upheld. Those found not to be upholding the standards established by the Central Election Board are to be fined at a total representative of the severity of the breach in regulation; in extreme cases, those in violation of the regulations established by the Central Election Board may be prosecuted.

Paragraph C: The Central Election Board is required to report on the administration of every Presidential Election, Federal Election, and Local Government Election. The board may be requested to report on other types of elections at the discretion of the Interior Ministry and Nydian Parliament.

### Subsection 4: Integrity and Transparency of Party Finances.

Paragraph A: The Central Election Board is required to provide guidance to political parties and regulated donees to assist them in meeting their legal obligations to follow party funding rules.

Paragraph B: All donors to political parties must be maintained on registers specific to each political party and copies are to be upheld by both the political party and The Central Election Board.

Paragraph C: Every political party in the Kingdom of Nydia is required to submit annual statement at the beginning of each fiscal year. Such accounts are to detail income and expenditure to the Central Election Board, and all details are to be made public.

Paragraph D: Political parties and regulated donees are required to submit all donations they receive to The Central Election Board. The Board will maintain a publicly available and searchable register of such donations.

Paragraph E: During Presidential elections, and Nydian Senate elections all political parties are required to submit campaign spending returns to the Central Election Board.

Paragraph F: The Central Election may impose financial penalties on political parties and their accounting units should they fail to submit donation and loan returns, campaign spending returns or a statement of account. The Central Election Board are authorised to fine at a total representative of the severity of the breach in regulation; in extreme cases, those in violation of the regulations established by the Central Election Board may be prosecuted.

## SECTION 3: Standards Required for an Election

### Subsection 1: Secret Ballots

Paragraph A: All voters are to be entitled to a vote by secret ballot. The Central Electoral Board shall be responsible for providing these ballots.

Paragraph B: The ballot shall consist of a slit of paper with candidate names and their respective parties arranged in a random order. These ballots must be entered into a secure and sealed form of container not to be opened by anyone other than registered counters.

Paragraph C: The Central Election Board is authorised to impose financial penalties upon those who breach the aforementioned regulations at a total representative of the severity of the breach.

### Subsection 2: Vote Counts

Paragraph A: Votes cast in any Nydian election shall be counted at local facilities.

Paragraph B: Official counters will be required to register with the Interior Ministry and receive a license. These counters are accountable to returning officers and Local Authorities, who in turn are accountable to the Central Election Board. Counters and returning officers are responsible for arranging a location for vote counts and times.

Paragraph C: Misuse of a ‘vote count practitioner license’ is a criminal offence, carrying a sentence of minium three years, and maximum six years.

### Subsection 3: Voting Days

Paragraph A: Elections are to be held on Thursday.

Paragraph B: Specific voting dates shall be specified by the CEB six weeks prior to the election date.

## SECTION 4: Offences Violating the Integrity of Nydian Elections.

### Subsection 1: Establishment of the ‘Electoral Practises Code’

Paragraph A: This Act establishes the Electoral Practises Code which details violations of the integrity of Nydian elections and the ascribed punishments.

#### Title I: Voter Intimidation

It shall be an offence to intimidate a citizen to favouring a certain candidate, party or cause. This is punishable by a fine of 10,000 Lev or a prison sentence of up to 5 years.

#### Title II: Voter Bribery

It shall be an offence to bribe, (by money, property or other means) a citizen to favouring a certain candidate, party or cause. This is punishable by prison sentence of up to 10 years.

#### Title III: Electoral Fraud

It shall be an offence to rig, interfere or alter the election (through means of changing the outcome). This is punishable by a prison sentence of up to 25 years.

#### Title IV: Electoral Integrity

It shall be an offence to use fake identification when voting, or vote in someone else's name, or vote more than once in the same election. This is punishable by a fine of 50,000 Lev or a prison sentence of up to 10 years.

#### Title V: Electoral Corruption

It shall be an offence to use corrupt methods during the election cycle to unduly influence the outcome. This is punishable by a prison sentence of up to 25 years.

## SECTION 5: Voter Registration

Paragraph A: All registered voters must be eighteen years of age on election day.

Paragraph B: Voting registration registers are to be maintained by the central government. However, citizens are required to register themselves with local authorities, who have a responsibility to inform the Interior Ministry.