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Delimitation Equity Project Resource Guide - IFES

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<strong>Delimitation</strong> <strong>Equity</strong> <strong>Project</strong><br />

Botswana: Composition of the Boundary Commission must be Non-Partisan<br />

4. No person shall be qualified to be appointed as Chairman or member of a <strong>Delimitation</strong><br />

Commission who –<br />

(a) is a Member of the National Assembly;<br />

(b) is or has been within the preceding five years actively engaged in politics; or<br />

(c) is a public officer.<br />

5. A person shall be deemed to be actively engaged in politics or to have been so engaged during<br />

the relevant time period if –<br />

(a) he is, or was at any time during that period, a Member of the National Assembly;<br />

(b) he is, or was at any time during that period, nominated as a candidate for election to the<br />

National Assembly; or<br />

(c) he is, or was at any time during that period, the holder of an office in any political organization<br />

that sponsors or supports, or has at any time sponsored or supported, a candidate for election as<br />

a Member of the National Assembly.<br />

Constitution of Botswana, 1997, Article 64, Sections 4 and 5<br />

Election Management Bodies<br />

Another, equally common, approach to delimiting constituencies is the use of the<br />

election commission. <strong>Delimitation</strong> is the responsibility of the election commission in 21<br />

of the 60 countries (35 percent) in our survey which delimit electoral districts. In some of<br />

these countries, the election commission is quite independent of the executive and the<br />

legislature (Lithuania, Mexico, and Poland, for example), but in other countries this is<br />

less true (e.g., Kenya, Nigeria, Tanzania).<br />

Legislature<br />

Although many countries have delegated the task of delimitation to an authority other<br />

than the obviously self-interested legislature, in some countries the legislature has<br />

retained this responsibility. In our survey, 14 of the 60 (23 percent) countries indicated<br />

that the legislature delimits electoral constituencies.<br />

However, six of the countries in which the legislature is responsible for delimitation are<br />

countries with List Proportional Representation (List PR) electoral systems. The<br />

legislatures in these countries (Belgium, Bulgaria, Croatia, Finland, Iceland, and Sweden)<br />

originally defined a set of electoral district boundaries (often multimember districts) in the<br />

constitution or electoral law, and these constituencies have remained in place for<br />

subsequent elections – although the number of seats assigned to the multimember<br />

constituencies vary over time depending on the population size.<br />

A second set of countries in which the legislature plays a role in the delimitation process<br />

are countries with mixed electoral systems like Italy, Korea, Kyrgyzstan, and Panama.<br />

The boundaries of the constituencies in these countries are of less political consequence<br />

than in those with a First Past the Post electoral system because a separate set of<br />

legislative seats are filled via proportional representation. Elections in mixed systems<br />

usually produce outcomes that are far more proportional than FPTP systems.<br />

22

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