The Constitution of the United Republic of Tanzania under Article 74, establishes a National Election Commission. There is no specific legislation dealing with the structure and operations of the Commission.  The Commission as constituted by the Constitution consists of seven members who are appointed by the President. The Commissioners enjoy security of tenure of office and can only be removed from office by the President for failure to discharge their functions either due to illness or misconduct.

The Secretary to the Commission is also appointed by the President and is its chief executive officer.

The autonomy of the Commission is expressly guaranteed in the Constitution. No court can question a decision of the Commission that was legally made. This ensures that the Commission performs its mandate without intimidation or fear of litigation.
The functions and powers of the Commission are:

• The overall supervision and conduct of Presidential and Parliamentary elections in the United Republic of Tanzania and local government elections in Tanzania Mainland;
• Provide voter education;
• Coordinate and supervise persons offering voter education; and
• Make regulations and guidelines that facilitate the effective operationalization of the day-to-day conduct of electoral duties.

The Commission does not have independence in deciding on its budgetary needs. It is funded through the executive and this negatively affects the performance of its functions, as it is not able to secure adequate funds on time.