The Impact of Global Pandemic Challenges on the Legitimacy of Election and Referendum Processes

Abstract

The legitimation aspects of elections and referendums under conditions of a global pandemic are considered. Their compliance with the legitimacy criteria aimed to ensure the quality of legitimacy and democracy of the newly formed authorities and overall political agenda are analysed. Cases of abuse of the electoral process and violation of the rights and freedoms of voters have been studied, in particular due to violations of the right to health by ignoring medical and epidemiological recommendations. Significant legitimation problems were determined in respect of trust decrease for both the electoral or referendum processes: absence of a regulatory framework for postponing and delaying of elections due to pandemic conditions is a commonplace amongst countries, their conduction with significant restrictions on suffrage; urgent adoption or addition of the legal basis that took place without involving civil society to a proper discussion; government decision-making was on the verge of balancing constitutional rights: on elections and referendums and on health; respective supervision was possible only at the national level, but only in the dedicated areas, at the international – only in moderately safe areas; it was pointed out for the need on moving to new innovative forms of voters’ registration and accountancy, candidates check, voting, and observation; in countries with authoritarian regimes, the conflict tension has increased as a result of abusing by the government of the emergency state to strengthen its position, to pressure on the opposition and media, etc. It was concluded that the pandemic highlighted existing problems in legal ground, respectively resulting in reducing of community trust level to processes of holding elections and referenda, still on the other hand – has contributed to the improvement of existing legislation and set out the task of developing new rules on addressing new challenges and emergencies: infectious, economic, climate, radiation and others, and, therefore, to ensure proper administration, financing, observation and control of elections and referendums for their legitimacy and democracy.