voter registration card. How and where can I get it in time?’ and information on how to cast a valid vote. It also provides some statistical information on those eligible to vote as well as detailed results of the last elections of October 2012, including the report of the international observers. In addition, the website contains results of previous elections and referenda, going back to 1993. However, the website does not provide access to any of the formal reports, such as the reports required to be deposited at the Civil Registry. It also does not contain any information on its activities related to the financing of political groups. As far as could be assessed, the electoral council does not make such information available through other means.
Accountability (law) Score: 50 TO WHAT EXTENT ARE THERE PROVISIONS IN PLACE TO ENSURE THAT THE ELECTORAL MANAGEMENT BOARD HAS TO REPORT AND BE ANSWERABLE FOR ITS ACTIONS?
The Electoral Code contains several provisions to hold the electoral council accountable for its actions related to the electoral process, although it is not required to present a comprehensive report once the elections are over. Legal redress is also possible. There are, however, no requirements to hold the electoral council accountable for the execution of its tasks related to the financing of political groups. The electoral council and the supporting/polling stations must, as already mentioned in the above, formally report on all their meetings required to be held by law (processen-verbaal).719 In some cases, objections put forward by voters are also to be included in the reports, such as in the reports on of the supporting and polling stations on supporting and election day, or in the electoral council’s reports on its meetings to determine and report the election results.720 The latter, as well as the reports of the polling stations, are also required to be sent to Parliament, together with the electoral council’s formal statement of all candidates chosen as well as its decree on the election results.721 However, no time frame is specified for the submission of the reports, and the electoral council is not required to submit a comprehensive report or evaluation of the electoral process after the elections. The Electoral Code does not contain any other requirements as to the contents of the formal reports, but their precise formats are prescribed in detail in the Electoral Decree. Legal redress is also provided for. Appeal – again, by voters – against a decision of the electoral council prior to the elections may concern, for example, its assessment regarding whether or not a list of candidates satisfies all requirements to enter an election. Proceedings are to be instituted before the Court of First Instance. Appeal against the decision of that court is not possible.722 The Electoral Code does not contain specific provisions to appeal its decisions related to the outcome of the election. However, such appeal is possible. Because decisions of the electoral council and the supporting and polling stations are not considered administrative law, these proceedings are to be based on the Civil Code.723 Note also that the Electoral Code allows for the possibility of recounts prior to legal proceedings. Thus, the electoral council can decide – on its own initiative but also in response to a voter request – to conduct a recount of votes for one or more polling stations.724
719
Electoral Code, Articles 25, 27, 33, 46, 84, 90 and 104. Also Articles 91 and 93. See, for example, Electoral Code, Articles 21, 68, 81 and 82 as well as Articles 89 and 104. 721 Ibid., Article 106. The reports of the supporting stations are not required to be sent to parliament. 722 Ibid., Articles 30 to 32. 723 Ibid., explanatory memorandum to Articles 86 to 106. Cf. Country ordinance Administrative law (Landsverordening Administratieve rechtspraak), Country Gazette 2006, No.71, Article 2. 724 Electoral Code, Article 88. 720
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NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO