Section 66 of the Constitution establishes an Independent Electoral Commission. It consists of a chairperson and two other members. These are appointed by the King acting in accordance with the advice of the Council of State. The King appoints the Commissioners from a list of not less than five names submitted to him by the Council of State.
In short-listing the appointees, the Council of State is required to request all registered political parties to propose to it a list of not less than five names. The Commissioners are full-time; however the executive staff-members conduct the day-to-day business of the IEC while the Commissioners are concerned with policy issues. The Constitution does not specifically address the independence of the IEC. The IEC has power to employ its staff on terms and conditions determined by it after consultation with the Public Service Commission. In addition, the IEC is empowered to take officers on secondment from the public service and has power of control over such officers. The duties, functions and powers of the IEC include:
Conduct of elections;
Establishing and maintaining cooperation with political parties and other interested civic groups and with them drawing up and enforcing a code of conduct;
Promoting voter education;
Preparing and maintaining voter’s lists;
Prescribing the manner to resolve complaints concerning any electoral irregularities received from interested parties;
Delimitation of constituencies.
The IEC is funded from the consolidated fund in the Treasury.