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A Critical Analysis of the Powers, Functions and Responsibilities of Electoral Management Board (E.M.B)

ABSTRACT
An EMB is an organization or body that has the sole purpose of, and is legally responsible
for, managing some or all of the elements that are essential for the conduct of elections and
direct democracy instruments, such as referendums, citizens’ initiatives and recall votes - if
those are part of the legal framework. There is often no clear distinction in electoral law or
practice between the powers and functions of an EMB. In some electoral laws, all EMB
activities sanctioned by law are referred to as powers. It could be argued that a legally
described power gives the EMB the authority to do something, and a legally described
function is an activity that the EMB is expected to perform. It is preferable for an EMB’s
legal framework to include a voter education and information function, as this is
indispensable for democratic consolidation, especially in emerging democracies. It is
important for the legal framework to empower an EMB to conduct voter education and
information campaigns in its official mandate in order to help consolidate democracy, since
otherwise the government will be reluctant to fund such efforts. EMBs have an intrinsic
responsibility to ensure that their activities and operations benefit all citizens.
KEYWORDS: Powers, Functions, Responsibilities, Electoral Management Board,
Democracy, Equity.

Jackson G. CLARK, Ph.D
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