An election is a large-scale administrative exercise and requires relevant wide-ranging expertise in the Election Commission to oversee the process. However, the existing constitutional requirement restricts the qualifications for Chief Election Commissioner and Members of Election Commission to retired judges of higher courts, which excludes otherwise competent and impartial personnel with the required administrative experience and impeccable records. In addition, the appointment process to the Election Commission must include all parliamentary parties in the national and provincial assemblies for greater political ownership and rigorous scrutiny, minimizing future criticisms that appointments have been ”partisan”.

Recommendations:
A constitutional amendment should enable the Chief Election Commissioner and Members of the Election Commission to be selected on the basis of professional qualifications and management experience in overseeing large-scale activities. The CEC and Members – which must be expanded to include representatives from ICT and FATA -- should be appointed by a Parliamentary Committee comprising one member each from all parties having representation in the Senate and the National Assembly. Commission Members in the provinces should be appointed by the respective Provincial Assemblies by similar Committees. The timeframe for the selection and appointment of these election authorities should conclude before the last day of the incumbent in office. In the case of decapitation, leave or travel of the Chief Election Commissioner the acting Chief Election Commissioner should be nominated from amongst the Commission members on the basis of rotation.

The impartiality and autonomy of the institution responsible for conducting elections are essential components of its success. Without a foundation of impartiality and unless election administrators are genuinely regarded as fair arbiters, neither voters nor candidates can be entirely certain that the 'rules of the game' have been followed and that candidates selected by the people have won an election after all the ballots have been counted. While the structure of election commissions varies from country to country, commissions considered most successful demonstrate both a perceived and real tradition of impartiality at all levels of the organization. Careful attention must be given to provisions focusing on appointment, remuneration, duties and powers, qualifications, and reporting structures to ensure that the Election Commission is impartial and autonomous and has the required authority to function in line with the law.

Recommendations:
Law should specify complete separation of judiciary from election administration. The Election Commission must be legally empowered to: (a) Have final approval over rules and regulations about the conduct of elections, its internal management structure, and its own budget; (b) Appoint District Returning Officers from amongst its own officials and Returning Officers and Assistant Returning Officers from amongst all citizens whose selection should be based on their experience, honesty and impartiality; (c) Have full authority to direct, sanction, and remove any seconded staff while conducting elections; (d) Issue binding orders to government entities with regard to their assistance to the electoral process and suspend any public functionary who, during an election, fails to comply with its directives; (e) Approve all postings and transfers of employees of the federal and provincial governments, autonomous and semi-autonomous bodies and corporations after the announcement of the election.

Pakistan’s election system suffers from a fundamental lack of transparency. ECP does not collect or share some basic election-related information, which fuels political conflicts and undermines the legitimacy of parliament and elected government. These gaps in transparency make it impossible to assess whether elections are free and fair, since the required information simply is not available. Most importantly, for example, ECP has not published the official election result forms for May 11, 2013 elections. Similarly, ECP cannot calculate how many women and men have cast ballots (sex-disaggregated voting data)

Recommendations:
These gaps in information and transparency would be easy to fix through simple legal reforms. All meetings of the Election Commission must be open to media and observers, and all basic election information such as the polling scheme must be published on the ECP website with absolutely no changes permitted after the legal deadlines. Legal amendments are required to ensure that most important election-related documents are posted on the ECP website immediately as they are received on the night of the elections, including Forms XIV (Statements of the Count), Forms XV (Ballot Account Forms) and Forms XVI (Statements of the Consolidation of Results). In addition, ECP must enforce a consistent procedure to collect sex-disaggregated voting data for every election by counting the number of ballots cast in each male and female polling booth. Similarly, all declarations by candidates, elected representatives and political parties must be available to public in user-friendly formats on ECP website. ECP should also make public the schedule of meetings of the Election Commission and decisions taken at these meetings.

The election law shall provide specific timeframe and guidelines for timely announcement of the formal result (FORM XVII) and mandatory recounting of the ballots in constituencies such as in instances where margin of victory is less than 200 votes and where the margin of victory is less than the number of rejected votes. Mechanism to deal with situations at polling stations where the turnout is either zero or over 100 percent, or the turnout is minimal owing to a known case of voter suppression such as violence or agreements between local influential to bar voters shall be defined in the law. Discretion of election officials in cases of recounting shall be eliminated.

Periodic changes to the boundaries of constituencies are necessary in every democracy. Without these changes, the number of citizens/voters within each constituency can become increasingly inconsistent as populations grow and move. Constituency boundaries have a significant influence on the outcome of elections and thus political decisions that are made by elected representatives. The existing delimitations carried out before General Elections in 2002 create profound inequality of voting strength across districts, regions and provinces. For example, almost 3.3 million voters in Baluchistan have 14 seats in the National Assembly, while half as many voters in FATA and Frontier Regions have 12 seats. Similarly, the National Assembly seat with the smallest number of voting citizens – NA-42 South Waziristan-II – has a little more than 100,000 (one lac) registered voters, while the NA seat with the largest voting population – NA-21 Haripur – has more than 500,000 (half a million) voters. Comparing districts, almost 10 million registered voters in Swat have two NA seats, but only 1.1 million voters in Jhang have five NA seats.

Recommendations:
A national census must be undertaken immediately, and the distribution of constituencies within the federating units must be standardized. The election law must specify that constituencies may vary in size according to parameters outlined within the Constitution, but the size of constituencies within and among districts, provinces and territories must not vary by more than 10 percent except under exceptional circumstances. In cases of deviations, the reasons must be explained in the formal public record. Moreover, the election law should establish a definite process for soliciting public input into the drawing of boundaries for general as well as local elections.

There is a pressing need to enhance both the accuracy and completeness of the country’s electoral rolls as well to simplify the voter registration process. As stated in both the International Covenant on Civil and Political Rights (ICCPR), which Pakistan accepted in 2010, and the 1973 Constitution of Pakistan, citizens have a fundamental right to exercise their vote during electoral processes. However, weaknesses in the electoral rolls have plagued all elections in Pakistan. On Pakistan’s 2013 electoral rolls, for example, there were 10 million fewer women as compared to men. Simplifications and improvements in the voter registration process are needed in order to guarantee the right to vote for all citizens in the future.

Recommendations:
Legal changes are required to allow ECP to engage other public sector institutions in preparing and maintaining up-to-date, accurate and complete electoral rolls. The law should establish clearly that the ECP may coordinate with other government agencies, including NADRA, for this purpose. In addition, the process of registration of voters must be simplified. When a citizen registers for a CNIC, NADRA should ask for the citizen’s consent to be registered as a voter and his/her preferred address for voting — either permanent or current as on the CNIC.

ECP’s efforts to resolve election-related complaints are ineffective, and the law doesn’t allow any complaints against election authorities. Some progress was made after the election with establishment of 14 election tribunals under retired judges. However, as of August 10, 2014, more than one-fifth of election petitions cases (84 out of 410) remained unresolved.

Recommendations:
Election law must specify measures for ECP to manage processes to receive complaints during the pre-election, Election Day, and post-election periods, and to make timely, public decisions based on the Constitution, election law, and election-related policies and procedures. The law should indicate that any registered voter is entitled to lodge a complaint, and that complaints can be lodged against election authorities, not only candidates. Registered voters (not only candidates) should be permitted to submit cases to Election Tribunals, which exclusively handle petitions about election results after an election is concluded. Law intended to expedite decisions on all election results petitions within 120 days must be strictly enforced by the ECP. In addition, election law must clearly specify that any petition under review of an election tribunal may not be subject to any scrutiny, review or stay by the higher judiciary pending the decision of the tribunal.

Constitution reserves seats for women and minorities in National and Provincial Assemblies to ensure representation of the marginalized communities. However, the process of s/election to these seats is plagued with issues of non-transparency, nepotism and favouritism. Furthermore, the allocation of reserved seats in proportion to the number of general seats won by the political parties have further skewed the vote to seat ratio — an inherent disadvantage of the First Past the Post System (FPTP). Lastly, those elected on the reserved seats are not accorded the same level of importance and prestige as those elected directly.

Recommendations:
The reserved seats for women and non-Muslims in National and provincial Assemblies must be based on the proportion of votes polled by the political parties instead of the seats won. The list of candidates for reserved seats must be published separately and simultaneously with the list of the candidates contesting the general election. Scrutiny processes applied for general seat candidates must be applied to candidates nominated for reserved seats. This measure will be crucial in strengthening the status of those elected on reserved seats, drawing legitimacy from a thorough and transparent process. The measure will also help reduce the distortions of the vote to seat ratio — a critical and increasingly significant flaw of the FPTP system.

Money in politics has undeniable influences over the quality of democracy and the possibility of maintaining a ‘level playing field’ in elections. Increased financial transparency requires a proper regulatory framework, which can contribute to greater accountability for political parties, candidates and elected representatives. In addition, legal options need to be explored to limit the cost of running for elections in order to make sure every citizen can exercise their right to contest and win – and to make sure that wealthy citizens can’t ‘buy’ election victory.

Recommendations:
Election law must impose limits for campaign expenses on candidates and political parties and should clearly define what is included within campaign expenses. The law also should clarify the Election Commission’s responsibility for and jurisdiction over auditing, investigating and enforcing campaign spending through fines or prosecution, and requirements for financial reporting by candidates, political parties, and elected representatives. Campaign expenses should include any costs incurred after the announcement of the election schedule until Election Day. Costs pertaining to large-size hoardings and billboards and food, drinks, transportation and gifts for voters, etc. must be declared as ineligible costs. Candidates must be required by law to declare all donations to their campaigns along with their sources. Similarly, political parties must also be required by law to submit statements of their campaign expense along with the sources of their funds/donations to the Election Commission within specific deadlines.

Election law must be amended to require elected representatives to submit Annual Income Tax Returns and Wealth Statement to the Election Commission. Similarly, political parties must be required by law to submit their financial statements to an outside Auditor, from amongst the list of auditors notified by the Election Commission, for review. The law should also stipulate that candidates/elected representatives submit their financial statements to an outside Auditor for review if directed by the ECP.

Codes of Conduct can be effective in encouraging election stakeholders to remain within the boundaries of the Constitution and established laws and regulations. For Codes to be useful, however, they must be developed through consultation and cooperatively agreed, and then fully and equitably enforced by election and other appropriate authorities.

Recommendations:
The elections law must be amended to provide legal parameters for a Code of Conduct for Political Parties and Contesting Candidates to be revised annually in full consultation with all political parties and to include specific and realistic penalties and enforcement mechanisms. Similarly, election law should provide a legal basis for independent election observation, timely and fair accreditation of observers, and the consultative development of an observers’ code of conduct. These codes must be part of election regulations, authorizing the ECP to issue warnings and impose fines or other tangible consequences. ECP must be required by law to make available to the public timely information about all ECP actions to enforce the codes.

Technology is transforming elections around the world, contributing to their transparency and integrity, including through user-friendly information available on websites. However, some technological experiments in election administration have been highly controversial and some have completely failed, so caution is needed. For example, NADRA has admitted that even the low-tech “magnetic ink” used to verify thumbprints during the 2013 election was a failure. Electronic voting, since it doesn’t leave a paper trail to audit votes, has been highly criticized, especially in developing countries where most citizens have no experience with computer technology. On the other hand, security watermarks on ballots and biometric voter identification have been highly successful in many countries.

Recommendations:
Elections in Pakistan must join the Information Age, at a bare minimum with a comprehensive overhaul of the quality and quantity of information shared through the ECP website. In addition, parliament should convene a committee of Pakistani and international tech-savvy election experts to explore the pros and cons of various election-related technology options. First priorities should include security watermarks on ballots and biometric voter identification since these options would address specific concerns raised repeatedly during every modern election in Pakistan. Any technology additions to election administration should be piloted during a series of by-elections in order to discover and resolve problems before introducing the technology during general elections. Electronic Voting Machines may also be considered but with without compromising the verifiability and transparency of the voting and counting processes.

An open and consistent process to determine polling station sites is an essential component in conducting a transparent electoral process. Last-minute decisions or changes about boundaries for polling areas and the physical location of polling stations lead to confusion among voters, candidate agents and observers who have to locate their assigned polling stations on election day. Pakistan election law also prohibits such last-minute changes because they create suspicion among voters and candidates that electoral processes are being manipulated for political purposes. Most importantly, election authorities must have clear data about each polling station, including the number of citizens registered to vote at each station, in order to distribute the required number of sensitive election materials (like ballots) to each location and in order to manage the election results process accurately.

Recommendations:
Election laws must be amended to ensure a transparent and consultative process in each constituency resulting in a list of polling stations that should remain valid for 3 years and be revised subsequently through another consultative process. The law also should reinforce that no changes may be made to the agreed polling scheme within a specified period before Election Day. Any change in a polling site location or any other polling scheme details due to an emergency situation must be approved in writing by the Election Commission and such changes must be widely publicized, including on the ECP website, to inform voters and other election stakeholders in the constituency.

The right of citizens to run for office must be carefully protected within a country’s election legislation. Unreasonable conditions on candidature and irrational or inconsistent mechanisms for scrutiny of candidate nominations create questions about the credibility of the election process, as was witnessed during the general elections in 2013.

Recommendations:
The election law must clearly specify that a candidate’s qualification and disqualification is not subject to the subjective interpretation of the Returning Officer. A standardized system must be in place for scrutiny to ensure uniformity of the process, and the ECP must be held responsible for the consistent implementation of this system. The duration of candidate scrutiny must be extended to 3 weeks to enable the ECP to verify and validate documents submitted by the candidates. In addition, the law should be amended such that every candidate must be a resident of the contested constituency and is allowed to contest from exactly (only) one constituency in order to avoid the need for numerous by-elections, which waste time and money.

Information on candidates must be made available to public before the finalization of the list of candidate (Form V) and the ECP advertise ways by which voters can access this information.

The Twentieth Amendment to the Constitution of Pakistan 1973 has put in place an improved mechanism for the installation of a caretaker government that is neutral and enjoys the confidence of the government and opposition. However, the existing provisions effectively exclude other parties in the parliament and provincial assemblies, creating issues of broader political ownership and leading to subsequent questions about caretaker governments’ neutrality in overseeing elections.

Recommendations:
The federal and provincial caretaker governments must be appointed through Parliamentary and Provincial Assembly Committees comprising one member each from all parties having representation in the Senate and the National Assembly (at the federal level) or the respective provincial assembly. In addition, to avoid any perceived conflict of interest, members of caretaker governments must be barred for at least two years after the election from taking up any appointment that is approved by the government.

Pakistan’s elections are currently being governed under a complex set of laws and regulations that are fragmented and inaccessible to citizens. In addition, numerous ad hoc changes to these laws over the years have created inconsistencies and duplications in the legal framework that must be corrected.

Recommendations:
Parliament should unify into one consistent Pakistan Election Bill the following laws governing elections: The Election Commission Order 2002 (Chief Executive’s Order No. 1 of 2002), the Conduct of General Elections Order 2002 (Chief Executive’s Order No. 7 of 2002), the Political Parties Order 2002 (Chief Executive’s Order No. 18 of 2002), the Representation of the People Act 1976 (Act No. LXXXV of 1976), the Electoral Rolls Act 1974 (Act No. XXI of 1974), the Delimitation of Constituencies Act 1974 (Act No. XXXIV of 1974) and the Senate (Election) Act 1975 (Act No. LI of 1975).

There were 10 million fewer women as compared to men on Pakistan’s 2013 electoral rolls, and some men in Pakistan still believe that women should not participate in elections at all. In communities where candidates collude to prevent women from voting, ECP capitulates by simply not setting up women’s polling booths and stations. Meanwhile, the names of Ahmedi voters are kept on an illegal separate electoral roll, effectively preventing them from going to the polls, and ECP has made no accommodation to enfranchise voters with disabilities or Pakistanis with dual nationality living overseas.

Recommendations:
Pakistan’s law stipulates all eligible voters are included on the voters list, including all eligible women, and that no part of the voters list is kept separately or otherwise creates a “distinction” for any voters, such as people belonging to a particular faith. Recommendations related to the voter registration process through NADRA will help ensure that more women are registered as voters. In addition, election law must specify that there can be no separate voters list for any group and accommodations must be made for disabled voters. In addition, options should be explored by a committee of parliamentary parties to consider whether and how overseas Pakistanis can be enabled to vote.

These recommendations have been prepared with technical support from the Free and Fair Election Network (FAFEN)