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COVID-19 and Election Management in Africa: Challenges, Innovations and Opportunities - Issue 1, 2021 - The ...
COVID-19 and Election
Management in Africa:
Challenges, Innovations
and Opportunities
Issue 1, 2021
COVID-19 and Election Management in Africa: Challenges, Innovations and Opportunities - Issue 1, 2021 - The ...
COVID-19 and Election Management in Africa: Challenges, Innovations and Opportunities - Issue 1, 2021 - The ...
Commonwealth Elections and COVID-19 Briefing Paper 2021/01    1

                                         Contents

Acknowledgements                                              2

1. Introduction                                               4
2. Elections in Commonwealth Africa                           5
3. Election financing                                         6
4. Legal frameworks                                           8
5. Pre-election operations                                   11
6. Voter registration                                        12
7. Stakeholder coordination                                  13
8. Public communication                                      15
9. Campaigning, voting and post-election activities          19
10. Conclusion                                               21

Notes                                                        22
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                              Acknowledgements

Under the leadership of Luis Franceschi, Senior Director of the Governance and Peace Directorate,
this project was directed by Martin Kasirye, Head of the Electoral Support Section, with support
from Sonali Campion, Andrew Baines and the Political team.
   The Commonwealth Secretariat acknowledges with gratitude the work of Kojo Pumpuni Asante
in developing this paper, and the contribution of all Commonwealth election management bodies
that provided information.
   The Commonwealth Secretariat and authors would also like to thank Olufunto Akinduro and
Rushdi Nackerdien for peer reviewing the draft.
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Commonwealth Elections and COVID-19 Briefing Paper 2021/01           3

                        Abbreviations and Acronyms

Africa CDC     AU Centres for Disease Control and Prevention
AU             African Union
CSO            Civil society organisation
ECN            Electoral Commission of Namibia
ECOWAS         Economic Community of West African States
EMB            Election management body
EV             Electronic voting
EVM            Electronic voting machine
INEC           Independent National Electoral Commission (Nigeria)
PPE            Personal protective equipment
WHO            World Health Organization
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                                    1. Introduction

This paper examines the way election manage-        with limited resources in order to guide EMBs
ment bodies (EMBs) in Commonwealth Africa           that are yet to conduct elections or are in the
are coping with the outbreak of the COVID-          planning phase for elections.
19 pandemic. It identifies the challenges              The paper is the second in the Commonwealth
encountered by EMBs but also documents the          Elections and COVID-19 Briefing Paper series.
innovations introduced and the opportuni-           The first offers a pan-Commonwealth per-
ties presented by the public health crisis. It is   spective and outlines the international stan-
part of a series of papers commissioned by the      dards and key election principles that should
Commonwealth Secretariat to help EMBs con-          be taken into consideration when responding
ducting elections in the midst of the pandemic      to the pandemic. This paper organised as fol-
to prepare adequately to mitigate the impact of     lows: section two highlights ongoing challenges
COVID-19 on the electoral process and secure        relating to election management in the Africa
the political rights of their citizens.             region before the outbreak of the COVID-19
   The first novel coronavirus case in Africa       pandemic and provides a calendar of upcoming
was reported in Egypt on 2 February 2020.           elections in Commonwealth Africa. The next
As of 30 September 2020, the World Health           six sections discuss key elements of the pre-
Organization (WHO) was reporting a total            election phase, including:
COVID-19 cumulative case count for the
Africa region of 1,175,271, with 985,103 recov-     • tackling issues of additional elections
eries, 25,825 deaths and 164,343 active cases.1       financing because of COVID-19;
Of the six African countries recording the high-    • changes in legal and constitutional frame-
est case counts, four are Commonwealth coun-          works to respond to the health emergency;
tries: South Africa (672,572), Nigeria (58,647),    • adapting to operational challenges to deliver
Ghana (46,482) and Kenya (38,378).2                   credible elections;
   During the early stages of the spread of the     • managing voter registration processes;
virus, when infection and death rates in Africa     • coordinating and collaborating with state
were low compared to Europe, North America            agencies to secure operational success; and
and later Latin America, sub-Saharan countries      • managing communications and stake-
including Benin, Burundi, Cameroon, Guinea            holder engagement to ensure successful
and Mali decided to go ahead with scheduled           implementation of changes to electoral
elections. These elections were conducted with-       programming.
out a full understanding of the virus, though
countries such as Benin drew on the successes of    The penultimate section discusses voting day
Germany and South Korea to put in place strong      issues, election results management and inno-
measures to reduce the risk of spread of the dis-   vations and adjudication of election-related
ease.3 However, in response to the pandemic         cases. The paper ends with some final conclu-
other countries went into lockdown, making it       sions around good electoral practice in the con-
difficult to organise electoral activities.4        text of the pandemic.
   The world is now emerging from lockdown             The paper draws on survey data collected
and countries are seeking to manage the dis-        by the Commonwealth Secretariat from EMBs
ease as they gradually reopen. Many African         across the Commonwealth for the previ-
countries do not have the resources or infra-       ous issue in the series, webinars, interviews
structure to put in place some of the measures      with senior EMB officials in Commonwealth
adopted in other regions. This discussion paper     Africa, articles on elections and COVID-19
therefore captures the most recent lessons from     and official documents outlining regulations
Commonwealth countries in Africa working            and policy.
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                 2. Elections in Commonwealth Africa

2.1 Pre-COVID-19 challenges to elections                elections, and in some cases has even resulted
in Africa                                               in the results being overturned and new elec-
COVID-19 compounds many of the existing                 tions held, as witnessed in Kenya in 2017.
challenges to managing elections in Africa. The            Another severe challenge to the delivery of
most recurrent and problematic of these tend            credible elections is violence and the threat of
to relate to voter registration, election day and       conflict throughout the electoral cycle. A signifi-
result processes, vote tabulation and transmis-         cant number of African countries have reported
sion, legal challenges, acceptance of results and       cases of violence of varying degrees during elec-
election-related violence. This section will exam-      tion periods. While this is driven by a range of
ine the key challenges, drawing primarily on elec-      country-specific factors, research suggests that
tions that took place in African Commonwealth           tensions over minor issues that voters and party
countries between 2018 and 2019.                        agents face are often escalated by political sys-
   Many countries still struggle with reliable          tems that are entrenched with patronage and cli-
and trusted data sources to affirm the citizen-         entelism, as well as the tendency for politicians
ship and eligibility of a person to register to         to take sides in ongoing conflicts over resources
vote which, in turn, makes in difficult to update       as part of their campaigns.9
registers and ensure accuracy.5 Several EMBs               These existing challenges are compounded by
have sought to resolve tensions related to the          the COVID-19 pandemic, as EMBs have to fol-
reliability of the register and the verification        low health regulations to protect citizens while
of voters through the introduction of technol-          continuing to work to mitigate issues that have
ogy.6 However, new technologies – for example,          impacted elections in the past. Government
to capture citizens’ biometrics to verify voter         COVID-19 measures that restrict movement10
identity on election day – have also caused             and social gatherings significantly hinder elec-
problems in some Commonwealth countries.7               tion preparations and delivery, and risk reduc-
Principally, technology can make electoral              ing scrutiny, transparency and participation in
processes more robust but can also give rise to         the electoral process. High anxiety due to public
issues of trust between the EMB and citizens or         health concerns coupled with ever-rising politi-
political parties if not implemented effectively.       cal tensions means that EMBs have to be even
   EMBs also face some critical issues pertain-         more careful to assess possible challenges from
ing to logistics and security on election day.          the past and the present to ensure safe, reliable
These include opening polls on time, closing            and credible elections in the future.
polling stations too early and securely trans-
porting sensitive election materials to tally/          2.2 The Commonwealth Africa election
collation centres.8 The collation and transmis-         calendar (2020–2021)
sion of results may be an additional source of          Tables 1 and 2 show the elections that have
delay and tension. In recent years, it has led to       already taken place and those carded to be held
legal challenges contesting the integrity of the        later in 2021.

Table 1. 2020 Commonwealth Africa elections calendar11

 Country                       Election                                             Date
 Cameroon                      National Assembly, Senate & Local                    9 Feb 2020
                               Regional Councils                                    6 Dec 2020
 Ghana                         Presidential & National Assembly                     7 Dec 2020
 Malawi                        Presidential                                         23 Jun 2020
 Namibia                       Regional & Local Councils, National Council (indirect 25 Nov 2020
                                 by Regional Councils)
 Seychelles                    Presidential and National Assembly                   22–24 Oct 2020
 United Republic of Tanzania   Presidential, National Assembly, Zanzibar House of   28 Oct 2020
                                 Representatives, Zanzibar Presidential & Local
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Table 2. 2021 Commonwealth Africa elections calendar12

 Country                  Election                                         Date
 Mauritius                Local                                            Due 2021
 Rwanda                   Local                                            Due Feb 2021
 South Africa             District & Municipal                             Due Aug 2021
 The Gambia               Presidential                                     Due 4 December 2021
 Uganda                   Presidential, National Assembly, local           14 Jan 2021
 Zambia                   Presidential, National Assembly, local           Due 12 Aug 2021

                                  3. Election financing

3.1 Identifying additional costs                            social distancing for voters or registrants at
The cost of elections has been rising in Africa,            polling/registration centres and additional
imposing significant financial burdens on                   voting/registration centres to decongest
countries to secure multiparty democracy.                   existing centres. This can be complicated by
While Ghana spent US$24 million on its elec-                disrupted supply chains that warrant sourc-
tions in 2008,13 in 2016 the costs increased to             ing materials outside traditional channels.
an estimated US$180 million.14 In Nigeria, the         •    Supplementary educational and communi-
cost has also remained very high, with US$647               cation products to educate voters or regis-
million spent in 201115 and US$532 million in               trants on measures to contain the spread of
2019.16                                                     the virus.
   As such, the outbreak of a pandemic pres-           •    New technology to improve communica-
ents additional financing challenges for coun-              tion or move some activities online.
tries doing their best to safeguard the health         •    Litigation as potential voters and political
of their citizens and protect their right to vote.          parties challenge new measures and deci-
For example, in the Malawian fresh presidential             sions of the EMB.
election in June 2020, the EMB spent US$1 mil-         •    Health cover and COVID-19 tests for elec-
lion on personal protective equipment (PPE)                 tion personnel.
alone. This was not originally budgeted for and
necessitated support from development agen-            There may also be additional operational costs
cies to finance its election programming.17            associated with national COVID-19 restric-
   Additional expenses that EMBs must now              tions – for example, staff working from home –
consider include the cost of:                          as well as costs incurred as a result of disrupted
                                                       timelines for key electoral cycle activities.
• PPE such as face masks, face shields, gloves
  and non-contact thermometers.                        3.2 Managing costs through innovation
• Sanitising equipment/items such as hand              The COVID-19 pandemic has wreaked havoc
  sanitiser, hand washing buckets, soap, paper         on the world economy. In Africa, the World
  towels, fumigation services and alcohol-             Bank estimates that the pandemic will hit econ-
  based disinfecting wipes.                            omies in sub-Saharan Africa particularly hard,
• Staggered training for permanent and tem-            leading to a decline in gross domestic product
  porary staff due to social distancing mea-           from 2.4 per cent in 2019 to between -2.1 and
  sures and restrictions on mass gatherings.           -5.1 per cent in 2020, the first recession in the
• Recruiting additional temporary staff to             region for 25 years.18 In such a context, EMBs
  manage queues and additional tasks related           have to compete with other critical sector agen-
  to COVID-19 protocols.                               cies such as health and security for the very lim-
• Additional logistics including transporta-           ited resources available.
  tion, warehousing, rentals of chairs and                EMBs must therefore find innovative ways
  sometimes canopies to help ensure adequate           to reduce expenditure and protect health even
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as costs are likely to increase across the board.   year ensures that the registration of voters is
They must analyse the entire electoral process      easier to manage. For example, in the electoral
for critical entry points regarding innovation in   census of 2020, 940,000 citizens out of the
respect of addressing COVID-19 challenges.          estimated 1.2 million citizens were captured,
   Some of these innovations can come through       so the voter registration exercise later in the
the adoption or adaptation of technology,           year was used to verify the details of regis-
including using online applications to pro-         trants, with only 1,139 new voters added to
cess candidate nominations. Others may be           the list. Most people could check their names
achieved by operational changes such as, for        through SMS text messaging, Facebook or the
example, adjusting how the EMB transports           EMB website.20 These approaches can help
and distributes its materials to minimise trans-    to promote efficiency and reduce cost with-
portation costs.                                    out compromising the integrity of electoral
   In Nigeria, for example, the Independent         processes.
National Electoral Commission (INEC) issued
detailed regulations and guidelines to inform       3.3 Managing partners to support elections
stakeholders on how new measures and                financing
changes in procedure are to be implemented.         The executive: Securing adequate funding to
In their First Supplementary to Regulations         run an election is hard enough, let alone get-
and Guidelines for the Conduct of Elections         ting additional funding approved during a pan-
in 2019, INEC provides for a dedicated portal       demic. Furthermore, getting monies released
to take candidate nominations.19 Eligible can-      in time to secure necessary supplies during
didates are given an access code to the system      an emergency may also be challenging even
to submit their applications for processing.        when the budget is agreed. For example, during
The use of technology helps eliminate need          the Malawian election in June 2020, the EMB
for candidates to present themselves at the         received most of its US$38 million allocation a
INEC offices, thus reducing the risk of infec-      week beforehand21 due to budgetary pressures
tions. Efficiency savings are also made as this     as a result of COVID-19. This demands that
approach reduces the staff time needed to           EMBs strengthen their engagement with gov-
process nominations that would have come as         ernment early to ensure that adequate resources
hard copies.                                        are available to support the safe delivery of elec-
   In Ghana, supplies are usually dispatched        toral activities.
to each region in a 40-foot container ahead of         Parliament: Another key stakeholder that
electoral events. During the 2020 registration      EMBs should engage early is parliament, par-
exercise, some regions were batched together        ticularly the requisite parliamentary commit-
to receive the supplies from the capital at one     tee. For example, if an additional allocation is
location, where regional officials could then       required, the government may be submitting a
collect them. This ensured that supplies were       supplementary budget to parliament. National
available during the tight registration sched-      budgets are likely to be stretched because of
ule and reduced the cost of transportation.         COVID-19, and EMBs must therefore demon-
In The Gambia, where a full voter registra-         strate increased cost-efficiency during a time
tion is planned for January-February 2021, the      of heightened fiscal stress. In engaging with
EMB is looking at how to manage fumigation          parliament, EMBs should endeavour to work
costs for its centres. The African Union (AU),      with all shades of political opinion, particu-
which has been supporting countries through         larly opposition parties, to ensure that mul-
the Africa Centres for Disease Control and          tiple perspectives about financing elections
Prevention (CDC), sees a significant oppor-         are accommodated and necessary budgets are
tunity for countries to mass produce some           approved.
PPE locally, particularly sanitisers and masks,        Development partners: The same applies to
which would help EMBs to manage some of             development partners, who have been support-
the additional costs.                               ing the conduct of elections in the Africa region
   In countries with smaller populations, such      for several decades. These partners may not
as Mauritius, a legal requirement for an elec-      always provide cash but can facilitate or provide
toral census to be conducted in January every       PPEs and other logistics as well as technical
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8                                                             COVID-19 and Election Management in Africa

support (an area in which the Commonwealth            the needs of the EMB and explore opportuni-
Secretariat specialises). These types of in-kind      ties for funding. EMBs should also work with
help can be invaluable to an EMB responding           development partners to review the impact
to the challenges of managing an election while       of the pandemic on an election, conduct risk
the COVID-19 pandemic is ongoing. In many             assessments and refocus programmes to ensure
countries, there are donor coordination plat-         effective support and delivery in the context of
forms that can be activated early to consider         the pandemic.

                                4. Legal frameworks

4.1 Key legal and constitutional issues to            breaches of these international obligations, so
consider                                              it is important that EMBs engage early with
The conduct of elections is a rules-based activ-      stakeholders within and outside of the country.
ity. As such, all the procedures that apply to           Postponing electoral activities: Adapting to
election activities are grounded in consti-           the COVID-19 situation and delivering elec-
tutional or statutory law. However, many              tions on schedule is normally preferable to
electoral frameworks around the world lack            postponing an election, which can result in
provision for health-related emergencies,             instability or violence. However, measures to
making decision-making in the context of the          curb the spread of COVID-19 – such as restric-
COVID-19 pandemic more challenging. In                tions on movement, lockdowns and bans on
many cases, the measures taken by govern-             mass gatherings – can significantly disrupt the
ments to contain the spread of COVID-19,              delivery of electoral activities. In these situa-
including restrictions on movement, mass              tions, the EMB may need to consider postpon-
gatherings and health-related protocols, affect       ing an electoral activity.
the ability of EMBs to execute their mandate             The authority or capacity to make decisions
and ensure potential voters can exercise their        on postponing election day itself is usually
political rights. Such restrictions also impact       determined by the constitution of the country.
campaigning and the ability of political par-         If there are clear provisions in the constitution,
ties and voters to interact in the run up to the      then it should be easier for the relevant entity
election. EMBs must consult widely and be             (whether it is the EMB or the government) to
conscious of potential legal and constitutional       consider this option. However, if these pro-
issues as they adapt their processes to deliver       visions are in the entrenched chapters of the
their electoral calendars.                            constitution, postponement would require
   It is also important that countries com-           an amendment and potentially a referendum,
ply with the Commonwealth Charter, the                which would run into the same problems as
AU Charter on Democracy, Elections and                holding elections in the first place. For exam-
Governance and other sub-regional protocols           ple, The Gambia was expected to organise a
even when they are adapting to the COVID-             referendum in June 2021 to approve a new
19 situation. For example, countries in the           constitution ahead of Presidential elections in
Economic Community of West African States             December 2021, which would have necessitated
(ECOWAS), should note Article 2 of the                the delivery of two national electoral processes.
Protocol on Democracy and Good Governance             However, the National Assembly rejected the
that prohibits a “substantial modification”           Constitution Promulgation Bill 2020 so the ref-
to electoral law six months before the elec-          erendum will not go ahead.
tion date unless there is an agreement among             Even if a provision is a non-entrenched clause
political actors.22 It also obligates State Parties   and can be amended through a super-majority
to respect the conduct of elections on the dates      vote in parliament, it is no small undertak-
prescribed in constitutions or other laws. An         ing and would necessitate broad stakeholder
EMB’s response to COVID-19 can lead to                consultation.
Commonwealth Elections and COVID-19 Briefing Paper 2021/01                                              9

   Amendments to election regulations: EMBs           generally fall under public order legislation
are responding proactively to the COVID-19            that is enforced by the government, although
challenges by modifying subsidiary legislation        there are some EMBs with legal powers to give
to protect groups of voters who can be suscep-        direction on this activity (for example, INEC
tible to COVID-19 infections, particularly the        in Nigeria). COVID-19 significantly impacts
elderly, people with comorbidities and persons        on the ability of political parties to campaign
with disabilities. For example, a number of           effectively. It also presents an opportunity for
the countries that have already held elections        various countries to look at creating incentives
revised their training manuals to reinforce exist-    for more online and multimedia campaigning
ing requirements that mandated registration or        (although accessibility and connectivity barri-
polling officers to give preference to the elderly.   ers should always be taken into account). This
   EMBs should consider similar special legal         is a difficult issue to enforce in an election year,
arrangements for other categories of voters           so the relevant authorities must engage political
or registrants including out-of-country vot-          parties and document and disseminate neces-
ers, particularly state officials working abroad.     sary guidelines as early as possible.
The registration and voting for out-of-country           Amendments to election day activities:
voters were a particular challenge during the         There are a number of processes to consider
period of lockdowns as nationals could not            for the days leading to election day and the
return for registration and/or voting. Plans to       election day itself. These issues include queue
reopen air travel or relax restrictions abroad        management, early voting, transfer voting,
reduce the challenges that EMBs are likely to         proxy voting, postal voting, out-of-country
face in enabling the participation of citizens        voting and staggered voting (voting over a
who are out of the country. However, some             number of days). Several countries are try-
EMBs are cautious. In Mauritius, for example,         ing to reduce the number of registered voters
where the virus has largely been kept under           per polling station by creating more stations.
control, officials are still wary about the return    This will help reduce the number of people at
of tourists and the real danger of an escalation      each and reduce the spread of the disease. Any
in cases, which could impact on planned elec-         changes to voting options will likely require a
toral activities.23 This issue is discussed further   change in the law, so EMBs must consider these
in section 9.3.                                       matters early and liaise with relevant stake-
   Amendments related to the nomination of            holders to enact and publicise any changes in
candidates: Many EMBs are trying to fully or          a transparent manner.
partially introduce technology to reduce the             Amendments to judicial procedure: It is
incidence of mass gathering of candidates and         important for the EMB to look at the elec-
supporters to submit their applications to the        toral process as a value chain. That means that
EMB. Nigeria, Malawi and South Africa have            it should plan with the expectation that legal
adopted such procedures. Most amendments              changes may be challenged in court and that
to such protocols are done as an administrative       the judiciary should also be alert to the chang-
fiat, which involves changing how the applica-        ing environment in response to COVID-19 and
tions are received and processed. However, not        adapt, particularly in looking at procedures to
all EMBs are adopting this trend. In Cameroon,        fast track electoral disputes. The significant
for example, where the EMB is planning for            impact of judicial decisions in this context
regional elections, the process will remain           means the EMB and other election stakehold-
physical. The 700 or so candidates are to apply       ers must work to sensitise the judiciary on the
and submit their forms at the divisional level.       practicalities of electoral processes during sensi-
At the divisional office, there will be strict        tive periods. The judiciary in some countries has
COVID-19 protocols for candidates, including          adopted rules to allow for them to sit virtually to
wearing of masks, hand washing and hand sani-         hear cases. This is happening in Ghana, Kenya
tising. Applicants will also have a longer period     and Nigeria, for example.24 Kenya has gone fur-
of 15 days to submit.                                 ther in responding to the challenges of ensuring
   Amendment to campaigning activi-                   equal access to justice by introducing an e-fil-
ties: Powers to regulate election campaigns           ing system – though still with challenges – and
10                                                             COVID-19 and Election Management in Africa

open-air courts to accommodate those who               2015 and 2019 and, as at July 2020, nine were
cannot avail themselves of technology.25               pending.28 The pressure triggered by the fre-
    Ensuring consistency in the law: Generally,        quency of by-elections and their associated
it is good practice for EMBs to ensure that the        costs, compounded by COVID-19, is forcing
revisions captured are reflected in the guide-         INEC to look at amending the law that requires
lines and manuals for training and operations.         the conduct of by-elections for various catego-
Attention to detail is necessary as inconsisten-       ries of elected officials. INEC is also piloting
cies can lead to confusion among voters and            the use of electronic voting machines (EVMs)
administrators as well as legal challenges.            in by-elections with the intention of integrating
    Legislating for the future: These lessons pro-     an electronic voting and results transmission
vide opportunities for EMBs currently planning         system into national and regional elections in
for elections in the near future. One of the areas     the country. Nigeria has also set up a portal for
where EMBs can do more in terms of legislation         the display of election results sheets, an excel-
and policy is to ensure they have comprehen-           lent example of increased transparency.
sive provisions on force majeure and an election          Similarly, the Ugandan Electoral Commission
emergency preparedness/crisis management               created policy guidelines for presidential, par-
plan. The plan should envisage the impact of a         liamentary and local government candidates
health-related emergency and how to respond.           during their campaign. The country’s EMB
In a Commonwealth Electoral Network survey             made changes to various aspects of candidates
(see 4.2), EMBs in Botswana, Lesotho, Nigeria,         campaigning, including the standard oper-
Rwanda and Sierra Leone have indicated that            ating procedures for campaign conduct and
they have some form of force majeure provision in      the time and manner in which campaigns are
either the constitution or electoral laws or both.26   conducted, as well as addressing meetings and
                                                       security.29 Other countries that have introduced
4.2 How countries have sought to address               such guidelines include Kenya and Namibia.
challenges
In the survey of EMBs mentioned above, con-            4.3 Managing litigation
ducted by the Commonwealth Electoral Network           Even as legal revisions and amendments are
to ascertain how the pandemic was affecting            considered, EMBs should also recognise that
their preparations, the majority stated that pro-      in changing electoral procedures or provisions,
cedures for voter registration, voting, counting       the effect of the law may interfere with the exist-
of results, collation and declaration were going       ing rights of voters or registrants. It is therefore
to be affected and would require legal changes.27      important that they consult extensively with key
   INEC Nigeria, for example, has been proac-          stakeholders such as political parties in order to
tive in terms of responding to the legal chal-         build consensus around the changes. Even if it
lenges brought about by COVID-19. In May               is at short notice, this process is key to ensuring
2020, the EMB published its policy on conduct-         voter rights are protected and reducing the risk
ing elections in the context of the pandemic,          of litigation where possible.
laying out the specific issues that needed to be          However, EMBs cannot prevent an aggrieved
addressed to ensure the safe implementation            person or group from challenging actions taken.
of electoral activities. It then issued a supple-      They should therefore seek out high quality
mentary to its existing regulations on conduct-        legal advice when changes are being considered
ing elections. This document outlines detailed         and budget for legal representation if there is
procedures for dealing with key stages of the          none in-house. Ghana’s EMB, for example, had
electoral process, including management of             to deal with four legal and constitutional chal-
the voting area to ensure strict adherence to          lenges to its decision to compile a fresh voter
COVID-19 protocols, queue management,                  register for the 2020 presidential and parlia-
nominations, suspension of continuous reg-             mentary elections. These challenges would
istration and instructions on the collation of         likely have been made regardless of COVID-19,
results and announcement procedures.                   but time spent in court litigating these issues is
   INEC’s swift response has been necessary in         likely to compound the compressed electoral
part due to the high volume of by-elections it         calendar that has to be implemented with strict
has been conducting: it conducted 135 between          adherence to COVID-19 protocols.
Commonwealth Elections and COVID-19 Briefing Paper 2021/01                                        11

                         5. Pre-election operations

5.1 Procurement of equipment and other              5.2 Logistics planning and deployment
logistics                                           Once the materials are procured, it is necessary
Elections are substantial logistical operations,    to distribute them to the various polling/regis-
with EMBs required to procure a wide range of       tration centres in a timely and efficient manner.
goods and services over the course of the elec-     The Electoral Commission of Ghana combined
toral cycle. COVID-19 has introduced an addi-       the use of helicopters, cargo planes, haulage
tional range of items that are required to reduce   trucks and collaboration with the Ghana Navy
the spread of the virus at electoral events. In     to move supplies to the regions and districts.
Ghana, for example, the EMB purchased an            Adopting a zoning approach (discussed in
estimated 156,000 paper towels and 336,000          3.2 above), they moved supplies to a regional
hand sanitisers for the conduct of its voter reg-   capital for pick up by nearby regions and dis-
istration exercise.30 EMBs also have to contend     tricts, reducing the distribution time compared
with the impact of COVID-19 restrictions on         to previous elections. The Malawi Electoral
election materials and PPE supply chains, with      Commission had to operate within government
manufacturing sites sometimes in lockdown or        restrictions on the number of persons that
workers’ movements restricted.                      could travel in private and commercial vehicles,
   A key consideration is the management            which necessitated securing extra vehicles and
of the procurement function in such a way           increased the cost of transporting materials and
as to ensure value for money, speed and effi-       personnel to the various destinations.32 INEC
ciency regardless of the challenges. The pro-       Nigeria’s approach has been to seek to reduce
curement laws in many countries allow for           the number of people handling the distribution
methods such as sole sourcing and restricted        of materials to minimise the risk of spreading
tendering when responding to emergencies.           the disease. The objective is to get the materi-
These methods were necessary for some of the        als moved from the warehouse straight to the
countries that held elections early, but others     delivery point after the necessary disinfection
have subsequently shown that it is possible to      has been completed.
use competitive bidding processes to secure            The lesson from these examples in respect
COVID-19-related goods and services on time         of operations is for EMBs to be adaptable, have
and at a lower cost. For example, in Ghana, the     back-up plans and be ready to modify plans to
COVID-19 pandemic created new business              ensure supplies are delivered on time. EMBs
opportunities for suppliers who were sourc-         must also consider scenarios for the cleaning or
ing PPE from abroad and internally. The EMB         disposal of potentially contaminated materials
advertised for PPE providers and received           after the election.
as many as 20 bids, ultimately enabling it to
secure a much better price.31 It is worth noting    5.3 Staffing and training
that reviewing the bids in line with procure-       The COVID-19 pandemic has impacted the
ment laws took time and, due to the quanti-         management of personnel at various EMBs. In
ties required, the order had to be delivered        many cases, staff have been required to work
in batches. Decisions may therefore be made         from home and, in most cases, it has been
based on the state of the supply chain in the       necessary to implement stringent COVID-
country and the time available.                     19 protocols in offices to control the spread
   Some items are generally more difficult to       of the disease. INEC Nigeria, for example,
secure in terms of both availability and cost –     moved some of its operations online, with
for example, non-contact thermometers (also         all meetings held virtually. Malawi’s Electoral
known as temperature guns). In several cases,       Commission requested that all pregnant staff
this has influenced the decision of the EMBs        work from home to reduce the risk of infec-
not to use these thermometers on voting day.        tion. The Ghana Electoral Commission set
It is therefore necessary for EMBs to prioritise    up protocols to stagger meetings of the Inter-
resources in the implementation of the electoral    Party Advisory Committee (over two days).
calendar.                                           In Cameroon, The Gambia and Mauritius,
12                                                          COVID-19 and Election Management in Africa

EMB staff have been returning to work with          significantly to comply with COVID-19 proto-
strict protocols in place and in a shift system     cols. It then took 21 days to train supervisors
to ensure they can still comply with social dis-    and other officials when it normally takes 14.
tancing measures.                                   As governments ease restrictions on the maxi-
   Another key area that COVID-19 has               mum number of people allowed at gatherings, it
impacted is the training of both permanent and      is likely to ameliorate this challenge and reduce
temporary staff. The restrictions on conferenc-     the cost for EMBs. Nonetheless, regardless of
ing in Ghana, for example, meant that it took       the limit, it will still be important to ensure
seven rather than the usual two days to deliver     proper social distancing and the enforcement
a training of trainers workshop for registration    of COVID-19 prevention protocols for some
officials because the numbers had to be reduced     time to come.

                               6. Voter registration

6.1 Compiling a new register vs. keeping            Uganda, where citizens can also update their
the old register                                    addresses.33
Most EMBs have legal provisions that govern            If it is necessary to compile a fresh register,
the process for compiling or updating voter reg-    either as mandated by the law or because the
isters. The voter registration process in Africa    existing register is not fit for purpose, then a
has been a frequent source of concern for vari-     number of the factors discussed earlier must
ous observers of the region. This is because it     be considered. This includes new legislation,
straddles important identity and citizenship        financing, and operational issues in terms of the
issues as well as forming the basis for political   procurement and distribution of materials. The
parties assessing the strength of their support     challenging part of compiling a new register is
base ahead of an election.                          the length of time it takes from data gathering
   The registration process entails capturing       through to exhibition of the register. In Ghana,
data, updating details, transferring registra-      for example, the data collection was expected
tions as required and issuing voter identity        to take 38 days, but the Electoral Commission
cards. Providing ample time for voters and          had to add an extra week to include additional
other stakeholders to inspect the register and/     registrants who were not served because of
or conduct voter roll audits is also critical to    delays in the delivery of registration kits. Some
building public trust. Although countries such      aspects – for example, inspecting registration
as South Africa were bringing elements of the       details and applying to transfer a registration –
process online before the pandemic, most citi-      can, however, be conducted online.
zens in Commonwealth Africa have to turn
up in person to register and this has generally     6.2 Stakeholder engagement, public
remained the case. In some places, and where        education and participation
the law allows it, EMBs have chosen to con-         The complex nature of organising and compil-
duct more limited voter registration exercises      ing a voter register during a pandemic requires
for those who have turned 18 to register to vote    EMBs to engage stakeholders much earlier in
in order to make it easier to enforce COVID-        the process. Whether the EMB is contemplating
19 protocols. Circumstances differ, however.        compiling a fresh register, updating the current
In The Gambia, for example, the existing list       register or even deciding to suspend registra-
was compiled 10 years ago so the EMB will           tion temporarily, it is very important that this
be compiling a new register ahead of the elec-      is informed by extensive consultation with all
tion in 2021. In Nigeria, INEC has suspended        stakeholders including political parties, civil
continuous registration to reduce the number        society organisations (CSOs), development part-
of citizens interacting with electoral officials.   ners, the media and citizens. Once the course
Citizens are able to check their voter status       of action is agreed, EMBs must invest in inten-
online. This is the same in South Africa and        sive public education on both the registration
Commonwealth Elections and COVID-19 Briefing Paper 2021/01                                            13

procedure and how registrants are supposed to        queues and reducing the risk of infection at the
conduct themselves as well as provide informa-       registration centres.
tion on the COVID-19 protocols at registration
centres and how they are to be observed.             6.3 Planning for first-time voters and
   There is a risk that electoral exercises may      vulnerable groups
experience low turnout if citizens do not feel       Most EMBs will give priority to vulnerable
adequate safeguards have been put in place to        groups during registration and voting. This
prevent the spread of COVID-19. It is there-         was implemented in the elections in Malawi
fore important for EMBs to set up a system           and Nigeria, for example. During its 2020 reg-
for responding systematically to issues as they      istration exercise, the Electoral Commission of
arise, while also giving the public assurances on    Ghana went one step further and set up dedi-
an ongoing basis. For example, at the beginning      cated registration centres at their district offices
of the voter registration exercise in Ghana a        for seniors and other vulnerable applicants,
number of centres were not observing COVID-          such as persons with disabilities and preg-
19 protocols. However, through intensive edu-        nant or nursing mothers, so as to significantly
cation and a new queue management system,            reduce the risk of the spread of disease to these
the situation improved over the course of the        populations. Similar arrangements were made
exercise. Registration centres set a target of 100   for first-time voters at secondary schools. The
people a day to be registered,34 and the voter ID    Electoral Commission announced a date for a
card printing machines were also programmed          special exercise to register students who were
to print ‘queue cards’. The first 100 people to      in their final year and had turned 18. To com-
obtain cards were given time slots so they could     ply with the electoral laws, applicants were
go away and return for processing at their allot-    assigned the number of the closest designated
ted time. This helped decongest the queues.          registration centre even though the registration
Sometimes, applicants who could not be reg-          took place on the school premises. Further legal
istered on the day received cards to return the      arrangements are planned for these students to
next day and were processed then. This was           change their voting centres since they will not
a low cost and innovative way of managing            be in school on election day.

                        7. Stakeholder coordination

7.1 Coordination with public health                  which were also linked to the district hospital
authorities                                          or clinic in case of an emergency. In Nigeria,
Coordination between EMBs and public health          INEC actually lent the Government its pickup
authorities is critical to the successful delivery   trucks to support contact-tracing activities. The
of a safe election. EMBs organising election         EMBs in Cameroon and Mauritius both have a
activities in the context of COVID-19 rely heav-     good relationship with public health task teams
ily on the advice of the national task force (or     managing the pandemic and rely on official
equivalent) for the content of the COVID-19          advice in implementing their electoral calen-
prevention education materials and the adap-         dars, while Malawi set up a Joint Task Force. In
tation of polling stations or registration cen-      Namibia, the EMB meets with the Ministry of
tres to ensure compliance with protocols. The        Health regularly to assess the implementation
EMB has to work closely with the task force to       of electoral activities.
ensure that electoral activities do not lead to a
spike in infection rates, as has been observed in    7.2 Coordination with security agencies
a number of countries in the Africa region fol-      The police and army often play a role in the
lowing the implementation of electoral activi-       implementation of electoral activities in African
ties. The Electoral Commission of Ghana, for         countries, which may be heightened when deliv-
example, coordinated with the health service to      ering elections during a pandemic. However, it
provide a district nurse at registration centres,    is important security agents are sensitised to
14                                                            COVID-19 and Election Management in Africa

respect the electoral process. For example, they      its electoral calendar. This kind of collaboration
should not act in ways that intimidate or harass      shows citizens that their best interests are being
registrants or voters. Most EMBs have a plan-         considered and their health is of utmost impor-
ning and implementation committee that has            tance. Moreover, it ensures that all stakeholders
representatives of the security agencies present,     are on the same page and are working towards
which should help address any information and         the same goal.
communication gaps as to the role of security.
The rapport between the EMB and security              7.4 Coordination with citizen groups and
agencies should allow for the speedy resolution       non-governmental actors
of issues as the activities progress.                 Organised civil society, particularly domestic
                                                      election observers, policy organisations, pro-
7.3 Coordination with political parties               fessional associations, religious groups and
Political parties are important players in the        the media are also critical to delivering elec-
implementation of the electoral calendar, not         tions, especially in the COVID-19 context. Just
only because they put forward candidates but          like political parties, their presence in various
also because they have the reach and resources        communities gives them the legitimacy and
to support EMBs to disseminate information            credibility needed to disseminate messages
to citizens across the country. There are a           and sensitise citizens with guidance from the
number of ways political parties can support          EMB. The media also plays an important part
EMBs to confront the challenges of COVID-             in sustaining the intensity of public educa-
19 if they are engaged early in planning and          tion throughout the electoral process. Such
decision-making. They can enhance citizen             groups should be included when establishing
trust in the EMB, particularly by encourag-           implementation committees or consultation
ing party supporters to understand changes            mechanisms.
in the law and accept the results of the elec-
tions. They can help build confidence in the          7.5 Coordination with inter-governmental
electoral process and contribute to enhancing         agencies and international election
its integrity.                                        observers
   The level of influence that parties have also      Inter-governmental organisations includ-
means that they can more effectively encour-          ing the AU, ECOWAS, the Southern Africa
age their supporters to listen to public health       Development Community (SADC), and the
messages and follow instructions coming from          Commonwealth have stepped up efforts to
the EMB. In many cases, citizens do not com-          support countries through the COVID-19
ply with the protocols at polling or registration     pandemic. Their convening platforms and
centres. Enforcement requires the use of influ-       comparative knowledge and insights are a peer
encers and constant reminders – with some             learning resource for EMBs looking for best
demonstrable threat of sanctions – to get peo-        practices in implementing electoral calendars
ple to change their behaviour. While additional       in the COVID-19 context. EMBs are encour-
staff play an important role, political parties can   aged to reach out and engage with these bod-
always help to promote compliance.                    ies as part of their planning activities. Similarly,
   Some EMB structures include political party        inter-governmental agencies continue to play
representation while others do not. Either way        an important role in the building of confidence
there should be a conscious effort to engage          in the electoral process, whether it is through
the parties to support EMB plans. In Nigeria,         the provision of technical assistance or support
for example, INEC, political parties and health       to credible domestic observer organisations.
authorities are all expected to work together            It is notable that COVID-19 measures
within communities to share information, for          have disrupted the activities of international
example on minimising risk during rallies and         observer organisations. While the easing of
how to vote safely. A guidebook put together by       travel restrictions mitigates the challenges that
the Nigeria CDC states clearly what the roles         international observers are likely to face, it is
of these three stakeholders will be during the        still necessary to develop new health provi-
electoral cycle in order to keep citizens safe.35     sions and standard operating procedures to
In Namibia, the EMB works with a Political            reduce any risk of these missions spreading the
Liaison Committee in the implementation of            virus. EMBs on their part could review their
Commonwealth Elections and COVID-19 Briefing Paper 2021/01                                           15

accreditation processes to allow sufficient time       some countries. In addition, EMBs should con-
for international observers to make adequate           sider means of supporting observers in updat-
plans for their observation, particular since          ing their observation instruments to effectively
there are still strict quarantine rules operating in   assess elections within the COVID-19 context.

                             8. Public communication

8.1 The importance of information and                  stakeholders should still be mindful of how
communication                                          they communicate to sections of the popula-
Clear and timely communications have always            tion that do not have regular internet access,
been paramount to the delivery of credible             disabled people and people who do not speak
elections. In the context of a pandemic, they          western languages and rely on local dialects for
become even more important. Transparency is            communication.
key to building stakeholder trust in the EMB,             In countries such as Nigeria, communica-
while effective civic and voter education play         tions to the citizenry about the changing land-
an essential role in equipping the citizenry           scape of elections has taken place through
with the tools they need to participate in their       infographics, policy briefs, billboards and
democracy. However, traditional approaches to          other traditional forms of media. According
communications and stakeholder engagement              to INEC, “[The] Commission remains com-
have also been disrupted by the COVID-19               mitted to raising public confidence in the elec-
outbreak. This health risk has forced EMBs to          toral process in spite of the challenges posed
change their message and approach in order to          by the pandemic and to regularly communi-
minimise the risk of infection during elections.       cate its actions and challenges to the public”.36
   With the outbreak of the novel coronavi-            In order to continue raising public confidence,
rus, a number of EMBs have created a strong            INEC has drawn up a policy brief to help guide
internet presence, as in Ghana, Mauritius and          various election-related activities in response
Nigeria, for example. This change has been             to the pandemic. Although the general elec-
made to better engage with and inform citizens         tions will not be taking place until 2023, INEC
remotely. However, EMBs and other electoral            has already been conducting a number of

Figure 1. A post about INEC’s policy on its Facebook page
16                                                              COVID-19 and Election Management in Africa

Figure 2. Information about candidates shared by INEC

Figure 3. Voter registration infographics published on the Electoral Commission of Ghana’s social media
accounts
Commonwealth Elections and COVID-19 Briefing Paper 2021/01                                       17

senatorial and gubernatorial elections, which       Centre and the myINEC app are innovative
has enabled it to experiment with various tools     channels that INEC is using to promote com-
and strategies.                                     munication between stakeholders and to share
  The new policy enforces consultations             information. The app is readily available on
with the National Centre for Disease Control        Android and Blackberry platforms and has
(NCDC) and other authorities to aid in the          had 10,000+ installs. These technologies allow
messaging for voting and running elections          citizens to call or message INEC with any ques-
during the pandemic.37                              tions and concerns they may have pertaining
                                                    to the electoral process. This limits physi-
8.2 Utilising communication platforms               cal interactions and allows more citizens to
Before the pandemic, both EMBs and political        engage with the Commission while at the same
parties relied heavily on public events to share    time reducing congestion at the Commission
information through rallies, conferences etc.       office.38
In order to keep stakeholders informed, EMBs           The Malawi Electoral Commission also com-
have had to find other ways to communicate.         municated its policies through different forms
Many of them have set up innovative platforms,      of media. For example, posters on the impor-
increasingly utilising technology to ensure that    tance of following COVID-19 preventive mea-
everyone has access to the relevant information     sures, which emphasised the need to social
necessary to carry out elections safely and cred-   distance and avoid handshaking, were put up in
ibly. However, it is important to note that when    public spaces such as bus stops in order to com-
using digital platforms, EMBs need to ensure        municate the importance of staying safe and
that trained personnel well versed in social        protected during elections. Voter education
media sensitivities are monitoring and inter-       delivery channels included traditional media –
acting with the public to ensure information is     radio, television and print – and social media.
authentic and credible.                             The use of large-scale public meetings was dis-
   In Nigeria, for example, there has been an       continued in order to ensure social distancing
expansion of new media channels and technol-        protocols were observed.39
ogies that are being used in order to commu-           The Electoral Commission in Ghana is also
nicate with stakeholders. The Citizens Contact      using social media alongside traditional forms

Figure 4. The myINEC app
18                                                            COVID-19 and Election Management in Africa

of media to communicate with stakeholders.            Figure 5. The ECN debunking false information on its
Their active Instagram, Twitter and Facebook          Twitter page40
accounts allow citizens to engage with the
Commission by asking questions or by access-
ing necessary information online, such as where
they can register to vote. The use of infographics,
pictures and reports on social media pages cre-
ates a new form of access to reliable and credible
data from the Commission itself – for example,
interested stakeholders can easily find out how
many people have registered to vote. Similar
efforts have been successful for the Mauritius
EMB.
   However, relying too heavily on technol-
ogy and social media excludes groups of
people who do not have regular access to the
internet or smart devices, for example, rural
and low-income communities. In addition,
it creates opportunities for disinformation to
thrive (see below). A balance between tradi-
tional media (including television and radio
which can be more accessible to those with
low levels of literacy) and new media needs to
be struck in order for information to be dis-
seminated to all.
   Issues of security also need to be considered.
For example, increased reliance on new plat-          ECN on Facebook and the ECN immediately
forms increases the possibility of hacking. If an     responded by providing the correct informa-
official website or social media account were         tion and making it clear to the public that there
compromised, this could significantly under-          had been a case of disinformation. They then
mine trust in the EMB and potentially impact          proceeded to share this correction on all social
the credibility of the election itself.               media platforms, stating very clearly that the
                                                      initial post was fake.
8.3 Tackling misinformation and                          The speed at which this information was cor-
disinformation                                        rected is commendable. This example highlights
Issues of disinformation (false or misleading         that although new media can create informa-
information shared deliberately) and misinfor-        tion challenges, an enhanced social media pres-
mation (false or misleading information shared        ence can also allow EMBs to speedily address
accidently) arise in a multitude of scenarios         issues of misinformation and disinformation.
during election periods. Such a case of disin-           However, EMBs cannot rely on social media
formation occurred in Namibia in July 2020,           alone. Strong mechanisms for engaging with
for example, when the Electoral Commission            election stakeholders, particularly politi-
of Namibia (ECN) was advertising for polling          cal parties and major traditional media out-
station staff via social media. The advertise-        lets, enables election officials to communicate
ment was intercepted, and the contact details         effectively and counter false information where
were changed. A concerned citizen alerted the         necessary.
Commonwealth Elections and COVID-19 Briefing Paper 2021/01                                           19

   9. Campaigning, voting and post-election activities

9.1 The campaign period                             process. In several countries, political party
The COVID-19 disruption has in several cases        candidates and independents use the nomi-
significantly reduced the time between the pre-     nation process as a campaigning opportunity,
election phase and election day. As electoral       arriving in a fleet of cars with their supporters to
calendars are time-bound, suspension of any         submit their forms. COVID-19 is changing this
activity in the calendar leads to a shrinking of    practice. EMBs are using online platforms to
the election preparation period. This means         receive and process applications. As mentioned
that EMBs have to reassess the entire electoral     in 3.2 above, INEC Nigeria now has a dedi-
calendar, anticipate the challenges at each phase   cated portal with controlled access for candi-
of implementation and plan accordingly.             date nominations. Malawi used both an online
   Electoral laws around campaigning vary           and drop-off system for candidates for their
considerably across the continent. Some pro-        fresh presidential elections in June 2020. Ghana
vide for a set campaign period, but often this is   plans to make the nomination forms available
not fully regulated, and unofficial campaigning     online early and increase the days for submit-
will begin several weeks, if not months, before     ting these and making corrections. Cameroon
the anticipated election date. Furthermore, the     is sticking to traditional methods but with strict
power to regulate campaigning does not always       protocols: only candidates can enter the divi-
rest with the EMB. With COVID-19, the can-          sional offices to submit their application for the
didates and their supporters moving around or       upcoming regional elections. EMBs that are yet
meeting in mass gatherings increases the risk of    to take candidate nominations should consider
spreading infection. Where the EMB is empow-        establishing similar systems.
ered, there should be clear guidelines on how
candidates should conduct themselves as well        9.3 Special/early voting
as enforcement of maximum limits on gather-         Special or early voting provisions are often
ings. For example, INEC Nigeria has responsi-       reserved for voters who, as a result of their role
bility for monitoring political party campaigns     on election day, may not be able to exercise
and has been engaging with parties to develop       their franchise. This category of voters includes
strict guidelines for adherence to COVID-19         election and security officials, domestic observ-
prevention rules. In other cases, it is the gov-    ers, representatives of the media and state offi-
ernment’s guidelines that are responsible for       cials working abroad in embassies and high
constraining campaigning and promoting pub-         commissions. The pandemic may require that
lic health. Ghana, for example, banned all mass     EMBs expand the list to include frontline health
gatherings, initially restricting meetings to a     workers, persons sick with COVID-19 and in
maximum of 25 persons (later relaxed to 100         health facilities, persons in home quarantine
persons). As noted in the first briefing paper on   and persons who appear at voting stations with
COVID-19 and elections,41 however, such mea-        coronavirus symptoms. In South Africa, the
sures may negatively impact the promotion of        Independent Electoral Commission had exist-
issue-based elections and voter participation.      ing provision for house visits for elderly voters
For example, the measures in Benin were found       who cannot come to the polling station.43 This
to have negatively affected the turnout fig-        framework may be considered for others look-
ures.42 Generally, protection against COVID-        ing to make voting more accessible to vulner-
19 should not be at the expense of democratic       able groups in the context of the pandemic.
principles. Any decisions to restrict freedoms         For countries that make legal provision for
should be based on extensive consultations          out-of-country voting, such as Kenya, Namibia
with all stakeholders and backed by science.        and South Africa, EMBs must also consider
                                                    how this can be implemented in the context
9.2 The nomination process                          of the pandemic. For example, voters abroad
It appears that EMBs in the region are embracing    might normally vote at the embassy or high
the use of technology to address the challenges     commission, travel home or use proxy voting
of COVID-19 as it relates to the nomination         options to exercise their franchise. Changes to
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