Electoral Commission Act
The Electoral Commission Act of Dominica, passed in March 2025 and formally known as the Electoral Commission Bill 2024, is a legislative initiative aimed at enhancing the independence, transparency, and effectiveness of the country’s electoral processes. This act represents a significant step in Dominica’s ongoing electoral reform efforts.
Legal Basis and Purpose
The Act affirms the legal standing of the Electoral Commission as an independent constitutional body. It ensures that the Commission operates without external control, providing the mechanisms to execute national elections, referenda, and the continuous maintenance of the voter registration process.
Its broader purpose is to uphold democratic governance through transparency, professional oversight, and modernized electoral systems. It aligns with other electoral legislation, including the House of Assembly Elections Act and the Registration of Electors Act, forming a cohesive electoral legal code.
Powers and Responsibilities
The Commission is tasked with managing all aspects of Dominica’s electoral process. Its statutory duties include:
- Conducting general and by-elections
- Supervising referenda
- Registering eligible electors and maintaining up-to-date electoral lists
- Promoting public education on voting rights and procedures
- Certifying results and addressing administrative complaints
- Accrediting electoral observers
- Introducing and monitoring the use of electoral technology
- Liaising with political parties, civil society, and media
- Ensuring inclusivity for individuals with disabilities and special needs
The Commission’s decisions and actions are legally protected from political or ministerial interference.
Structure and Leadership
The Act defines the composition of the Electoral Commission and qualifications for its key officers. Members are appointed through a consultative process, and the Chief Elections Officer is required to:
- Hold a university degree in a relevant field
- Possess a minimum of five years of management experience
- Demonstrate prior involvement in electoral administration, governance, public law, or policy
This structure promotes professional competence and insulates the body from partisan influence.
Financial Independence and Oversight
To guarantee functional autonomy, the Act establishes the Electoral Commission Fund. This fund receives its allocations from the national budget but is managed separately by the Commission. It covers:
- Administrative and staffing expenses
- Public outreach and civic engagement
- Procurement of electoral equipment and materials
- Training and capacity-building for electoral officers
The Commission is required to submit annual financial estimates and is subject to regular audits, ensuring accountability in the use of public resources.
Code of Conduct and Ethical Safeguards
All Commission members and staff must comply with a legally binding Code of Conduct. They are required to:
- Maintain neutrality and nonpartisanship
- Disclose potential conflicts of interest
- Abstain from political advocacy or public alignment with political parties
- Operate with integrity, professionalism, and confidentiality
These provisions aim to uphold institutional trust and ethical electoral governance.
Institutional Role in Electoral Democracy
The Electoral Commission Act stands as a cornerstone of Dominica’s electoral system. By codifying independence, defining legal obligations, and outlining clear administrative procedures, the Act strengthens public confidence in national elections. It also reflects Dominica’s broader commitment to building a modern, transparent, and inclusive democracy through legal reform and institutional credibility.