- Purpose: transparent, inclusive, and operationally effective framework that enables and protects the work of election observers and is not used to restrict or hamper observation activities
- Guiding principles: legality; transparency; inclusiveness; non-discrimination; proportionality; independence; impartiality; non-partisanship; and accountability
- Election observation as a legitimate civic activity contributing to transparency and public confidence; form of participation in public affairs
- Key definitions: observer; accreditation; nominating entity; electoral process; etc.
- Scope: all elections and referendums; all territorial levels; all actors, institutions, and processes related to the election — before, during, and after election day
- Publicly accessible accreditation rules and criteria
- Reference to applicable national legal framework, where in place
- Reference to relevant international standards and good practice as foundational principles
- Recognition of election observers as human rights defenders, with associated state protection obligations
Croatia
Mandatory instructions on observer rights are adopted by the State Election Commission and published on its website in advance of each election, ensuring public accessibility and predictability.
Lithuania
Electoral Code creates an explicit obligation to ensure observers are provided with adequate conditions in the voting premises of the polling station to monitor the conduct of voting and the counting of results. This frames facilitation of observation as a legal duty.
Poland
Electoral Code establishes a specific criminal offence of hindering election observation by violence, threat, or deceit, carrying imprisonment of up to two years. This constitutes one of the strongest statutory observer protections in the sample reviewed.
Bosnia and Herzegovina
Accreditation procedures include a “definitions” article covering key terms used to provide clarity of meaning and scope.
Moldova
Accreditation procedures explicitly state that terms used are in the generic masculine form but carry an inclusive/non-sexist character.
- Identification of key observer categories: international and citizen (non-partisan)
- Minimum eligibility benchmarks: e.g. international organisations and networks, national organisations working on elections, human rights, or democratic governance
- Incompatibilities: e.g. candidates, campaign staff, members of electoral bodies
- Identification of other actors that may be following an electoral process (party and contestant representatives, media, visitors, diplomatic delegations and representatives, etc.), subject to separate rules and accreditation procedures
- Proportional organisational registration or past activity record eligibility requirements, framed broadly to avoid undue gatekeeping effect against newer or smaller organisations
- Integrity self-declaration by prospective observer groups, including evidence of their choosing (e.g. statutes or founding documents, internal codes of conduct, observer-network membership, endorsement of the Declarations of Principles, past reports), demonstrating independence, non-partisanship, funding transparency, and public methodology and reporting, framed to facilitate authentic observation efforts rather than create administrative hurdles
- Further incompatibilities with observer status (e.g. for close relatives of candidates or senior party officials) where defined narrowly and applied on an exhaustive, objective basis
- Basic individual eligibility criteria for observers nominated by organisations seeking accreditation: citizenship, age, etc.
- Optional pathway for individual, unaffiliated citizens to follow aspects of the electoral process, recognising active citizen participation alongside the predominant model of structured, organisation-based observation
Slovenia
Stipulates that all organisations that “deal with” elections, human rights, integrity, or education are eligible to apply for accreditation, without requirements of inclusion in statutes or past activity records.
Lithuania
Legal separation between ‘election representatives’ (partisan, with right to speak at commission meetings) and ‘election observers’ (non-partisan, monitoring only) provides a clear distinction.
Latvia
Minimum observer age set at 16, below voting age, enabling youth participation in observation. Individual citizens, unaffiliated with any national CSO, may also seek accreditation provided they participate in a mandatory training course provided by the Central Election Commission (CEC).
Bosnia and Herzegovina
Defines CSO eligibility simply as any “association or foundation” legally established under the relevant national laws and does not explicitly mandate a specific thematic focus (like human rights or democracy).
Moldova
Provides a clear, objective list of eight specific roles (e.g., candidates and members of their teams, election officials, religious leaders, etc.) that are incompatible with observer status, ensuring predictable and non-discriminatory decisions.
- Commitment of authorities to recognise election observation and create enabling conditions for it
- National-level body (typically EMB): primary competence for accreditation of international observers and national-level accreditation of citizen observer organisations
- Coordination with other institutions, such as the foreign ministry, or for verification of eligibility (where relevant)
- Accreditation decisions based on objective, clear, and publicly available criteria
- Consistent application of criteria across all EMB levels
- EMB's authority to adopt observer accreditation procedures as stemming from legal provisions or EMB's mandate to pass administrative decisions and regulations further detailing electoral rules
- Tiered competence and coordination with mid- or lowest-level electoral bodies for locally scoped accreditation
Romania
Accreditation procedures designate the Permanent Electoral Authority as the body responsible for accrediting international observers and domestic associations.
Finland
The Ministry of Justice has the mandate to authorise both citizen and international election observers to operate across the entire territory of the country, while the Municipal Central Election Board may authorise observers to monitor activities specifically within the territory of that municipality.
Moldova
The CEC is legally mandated to cooperate with the Ministry of the Interior, Ministry of Foreign Affairs, the Intelligence and Security Service, and the Public Service Agency when examining the admissibility of accreditation applications.
- Simple application requirements: including published forms, listing of necessary information, proof of eligibility, identity documentation requirements, etc.
- Simple application methods, including electronic or online, in person, or by post
- Observer accreditation should be free of charge
- Realistic and accommodating application timelines, reconciling operational needs of both EMBs and observers: open early; close as late as operationally feasible (procedure-contingent) to accommodate observer recruitment, training, and last-minute replacements; and leave time for legal redress
- Decision-making timelines: prompt decisions on applications, issued well before election day to allow observers to plan and deploy effectively
- Possibility to correct deficiencies in applications before a decision is issued
- Formal accreditation decisions, including procedural transparency rules governing how decisions are made
- Prompt communication/publication of accreditation decision
- Minimum access guarantees and proportionate limits, if imposed, for space/capacity reasons
- Online portals for electronic submission, acknowledgement, and digital upload
- Possible tiered process: approval of a nominating entity followed by individual observer accreditation by the EMB or by nominating entities
- Listed possible application outcomes: approval; partial approval (e.g. if only parts of the accreditation request are not granted); reasoned refusal
- Accommodations for late applications or observer replacements
- EMB transparency about accreditation requests and observers accredited
Bulgaria
Ensures transparency by mandating the publication of a register of observers on the CEC website.
Croatia
Two-step digital process: the nominating organisation is approved first; it then uploads individual observer names through a dedicated digital portal. This reduces administrative burden on both the EMB and the observer organisation.
Romania
The EMB accredits the organisation; the organisation then issues its own badges to individual members based on a state-approved model. Individual observer designation is managed internally by the observer organisation without any EMB paperwork, effectively reducing the burden of managing this process for the EMB, while placing the onus on accredited organisations to select impartial, appropriately trained observers.
Poland
Registered associations and foundations, which are based on their founding documents active in democracy, civil rights and civil society development, may observe the work of mid- and lower-level election commissions, and enjoy rights similar to those of party and candidate proxies, with some exceptions. National organisations issue certificates of designation directly to their nominated observers using an EMB-approved template.
Lithuania
Application deadline set as ‘the last Monday before election day’. This offers a flexible, calendar-based formulation that avoids the rigidity of a fixed-day countdown and includes an explicit exception allowing late substitution where an observer cannot serve for objective reasons.
Moldova
The Electoral Code explicitly provides for three decision outcomes (full approval, partial approval, refusal) with mandatory written reasons for any refusal. Where deficiencies are detected, the electoral body must notify the applicant and allow for remedy before issuing a formal decision.
- Temporal validity and scope: covering all phases and processes related to the election — from pre-election preparations and periods through to post-election proceedings and developments
- Territorial validity: national/sub-national and abroad, as relevant
- Format and content of standardised accreditation documents
- Requirements for accreditation documents to be worn visibly/presented
- Provisions for extended accreditation validity in case of recounts, second rounds, repeat elections
- Color-coded accreditation documents for visual distinction of different actors
- Reasonable arrangements for accreditation documentation issuance/delivery, including electronic, self-print options or digital accreditation documents
Lithuania
The Code grants observers the right to observe the entire electoral process, specifically mentioning the registration of voters and candidates, the preparation for elections, voting and counting of votes, and the determination of final results.
Finland
The law provides authorised election observers with a broad right to be present whenever an electoral authority defined in the Act is performing its official duties.
Bulgaria
Observer accreditation is valid ‘until the scheduling of the next parliamentary elections’. This is the most forward-looking validity formulation in the sample reviewed, creating a continuous legal basis across the post-election period and inter-election processes.
Croatia
Observers are legally obliged to wear their accreditation badge for the entire duration of their observation of the electoral process.
Bosnia and Herzegovina
Color-coded credentials by observer category (white: partisan; grey: domestic CSO; pink: international) — a simple operational measure allowing polling station staff and voters to identify observer status at a glance.
Moldova
Accreditation expires the day following irrevocable confirmation of final results. Observers have access to all electoral information and operations. Where results are overturned and a repeat ballot ordered, accreditation is automatically maintained.
- Access to all phases of the electoral process
- Access to all bodies and actors with election-related mandates and functions and their activities
- Access to election process-related information and documentation produced by public bodies
- Freedom of operation and movement
- Protection from intimidation, obstruction, or retaliation
- Right to document observations unobtrusively and communicate about their work and findings publicly
- Observation of special voting arrangements (mobile ballot box, postal voting, special polling stations, voting abroad, electronic/Internet voting, etc.)
- Observation of processes involving the use of digital and information technologies, including in voter registration and identification, results tabulation and transmission systems, political advertising and campaign spending
- Recognition of the right to cover wider election-related processes, including electoral dispute resolution, media conduct, digital environment, political finance, etc.
- Access to defined electoral data (e.g. voter lists, composition of electoral bodies, gender-disaggregated data) subject to data protection rules
- Possibility to enter notes in the official minutes and process records of polling stations (especially for citizen observers), including as may be linked to complaints mechanisms
- Right to photograph or film electoral procedures requires regulatory attention, catering to transparency and observer documentation needs while also ensuring ballot secrecy, non-obtrusiveness, and data protection
- Protection of observers' personal data supplied as part of accreditation procedures, in compliance with legality, purpose limitation, data minimisation, security and limited-retention principles
Bulgaria
The Electoral Code stipulates that state and local authorities, including their administrations and all election commissions, are “obliged to provide assistance to observers” and must provide them with requested documents and information. Observers are also authorised to perform checks of the machine voting system and are entitled to be present during the entry and re-entry of data at computation centres.
Croatia
The law stipulates that an electoral body may not exclude observation, but it may limit the number of observers if space is insufficient. However, they must ensure that every nominating entity (party, CSO, or international organisation) is allowed at least one observer at the polling site.
Lithuania
Observers have the right to make photos, video, and audio recordings (subject to consent and secrecy of the ballot) and may observe the meetings of all electoral commissions.
Estonia
The State Electoral Office must conduct a public test voting of the electronic voting system prior to the election. Observers have the explicit right to write down the numbers of the security devices (seals) used to secure election equipment.
North Macedonia
Accreditation procedures stipulate that observers have a right to inform the public about their findings, including through press conferences.
- Impartiality and independence
- Non-interference in electoral processes
- Compliance with applicable laws and accreditation procedures
- Professional and ethical conduct
- Prohibition of campaigning; partisan symbols and conduct
- Role of codes of conduct for ensuring impartial and credible election observation
- Reference to code of conduct as part of Declarations of Principles for Non-Partisan and International Election Observers
- EMB-adopted code of conduct or general declarations of compliance with principles of professional and impartial election observation, drawing on the above code of conduct, to be signed as part of accreditation process
- Nominating entities could also be encouraged to use internal codes of conduct and to provide training to their observers
- Authority of electoral bodies to address observer misconduct through clearly defined, transparent, and proportionate procedures
- Indications of availability of resources and training for election observers, with encouragement to make use of them, where provided
Romania
The law mandates that CSOs and mass-media institutions may only designate observers or representatives who do not have political affiliation.
Croatia
Observers are strictly prohibited from wearing any marks, photographs of candidates, or other promotional materials.
Lithuania
The responsibility for ensuring that observers are prepared and behave ethically is placed on the nominating entities; the law states that the entity in charge of nominating the observer is responsible for their preparation.
Bosnia and Herzegovina
Organisations must submit a statement of compliance with the rules of conduct at the time of application, integrating the code of conduct acknowledgement into the accreditation process rather than treating it as a separate step.
- Objective, proportionate and publicly available grounds for refusal or revocation of accreditation and/or for refusing observer access or asking to leave the premises/processes being observed
- Reasoned decisions on accreditation requests, with due process and equal treatment guarantees
- Access to effective and timely remedies as safeguard against arbitrary restrictions on observation
- Graduated sanctions: warning; temporary suspension; revocation
- Interim relief or suspensory effect of appeals
Croatia
The president of the electoral body is authorised to give an oral warning to any observer obstructing work. If the obstruction continues, the president has the power to order their removal.
Lithuania
Mandates that the nominating entity must be notified of a refusal to issue a badge, and in cases of revocation, both the individual observer and the entity must be informed.
Bulgaria
Appeals against CEC accreditation decisions may be brought directly to the Supreme Administrative Court, with a ruling required within three days.
Moldova
Appeal against a decision to cancel accreditation automatically suspends the cancellation decision, preventing observers from being unable to perform their duties while their case is pending.
- Adoption procedure, publication, and entry into force, whether through legislative text, EMB regulation, or other administrative instrument, depending on national legal tradition
- EMB power to issue supplementary technical guidance and forms
- Periodic review and revision of accreditation regulations and practice following electoral processes/cycles
- Consultative mechanisms and participatory approach to engagement between the EMB and observer organisations, including as part of periodic reviews
Slovenia
The Rulebook on observer accreditation enters into force the day after its adoption and is published in the Official Gazette of the Republic of Slovenia and on the State Election Commission website.
Croatia
While the main Mandatory Instructions provide the legal basis, the State Election Commission is empowered to issue a “special technical instruction” regarding the use of the “Observer Entry Application” portal.