In many countries, the electoral legal framework has evolved into a complex combination of laws and regulations, judicial rules and practices. Some electoral laws may be newly created or updated, while others may base their application on outdated laws that are outdated but still in force. There may be gaps, conflicts and contradictions between different parties that shape a legal framework and thus the electoral process. In Argentina, for example, the Argentine section of Transparency International found that there are more than 90 different pieces of legislation dealing with political party financing issues. 73 The Act includes guidelines for determining the structure of election administration, instructions to returning officers on the performance of their duties, and the rights and obligations of political parties, the media, electors and other participants in elections. For reasons of integrity, it is very important to review the entire legal design in order to understand the legal framework and, if necessary, to determine the necessary corrective measures and, if necessary, the nature of the final measures to be taken. The legal framework provides us with the foundations on which institutions are built and determines the scope and nature of political participation. The legal framework of an election, and in particular issues related to its integrity, are regularly found in various legal and interrelated laws. For more information on the legal framework for elections, see Legal instruments (doctrine/theory). To ensure that election results reflect the will of voters as accurately as possible, the legal framework must protect the principles of liberty, justice and electoral competition (see Fair and Just Trial). These can be designed, as in the Philippines, to seek an honest, orderly, peaceful and credible context and to give the country`s citizens equal opportunities in public service.
74 The legal framework is capable of protecting the integrity of the election in different ways. Authority is transferred to certain bodies that perform certain functions. However, this power can be limited if we distribute this power among the different institutions and subject them to a series of revisions and adjustments. For example, one election administration body has the power to administer elections, but another body may have the power to set electoral boundaries or manage the public funds of political parties. In emerging democracies, the rules for free and fair elections continue to evolve. In these cases, it is very important to integrate the basic principles into the legal framework. According to Dr. Robert Pastor, in the case of elections in countries in transition from authoritarian to democratic rule, „the challenge is to negotiate electoral rules in such a way that all parties accept and respect them.” 75 Once this fundamental legal framework has been completed, this work can begin within the institutional and administrative framework for the electoral process. Here you can consult the legal provisions that make up the regulatory framework of the Ministry of Economy and regulate the issues that fall within its competence: foreign trade, mining, chambers of commerce, international trade negotiations, metrology and standardization, public mediation, among others. Reform of the legal framework can become the starting point for restoring the integrity of the electoral process. This was the case, for example, in Mexico, where electoral reform became the „lever”76 for genuine democratic change. The implementation of the new electoral legislation served as a basis, a new institutional framework and the creation of different modalities of participation.
These institutions have defined the procedures and methods used to strengthen the electoral integrity provisions in the new legislation.