Obligation

Right and Opportunity to Be Elected

International and regional treaties protect the right of every citizen to be electe, subject only to objective and reasonable restrictions.[1] Unreasonable restrictions include, but are not limited to, those based on:

  • Excessive residency requirements;[2]
  • Criminal conviction (disproportionate to the severity of the crime or blanket disenfranchisement provisions);[3]
  • Race;[4]
  • Sex;[5]
  • Religion;[6]
  • Physical disability;[7]
  • Political or other opinion;[8]
  • National or social origin;[9]
  • Sexual orientation or gender identity;[10]
  • Language;[11]
  • Birth or other status;[12]
  • Education;[13]
  • Property ownership;[14]
  • Party membership;[15]
  • Status as an internally displaced person;[16]
  • Economic circumstances;[17]
  • Holding a position that does not constitute a conflict of interest if also holding elective office;[18]](/summaries/418)
  • Excessive monetary fees or deposits.[19]

Interpretive sources indicate that even reasonable restrictions may have a disproportionate or indirect impact on the enjoyment of rights by women.[20] In addition, they suggest that states should ensure that reasonable restrictions do not disproportionately impact minority groups.[21] Other state practice sources indicate that the loss of the right to be elected may only be imposed after adjudication by a court.[22]

Issues


Establishment, Regulation of, and Membership in Political Parties

  • Relevant Election Parts:
  • Candidacy and Campaigning

The grounds for rejecting registration of a party were based on objective criteria

  • Parties must be granted an opportunity to challenge state decisions restricting their activities or formation. [?]
  • Political parties may be required to register with election authorities when contesting the election. The grounds for rejecting a registration application should be based on objective criteria. [?]

Citizens were able to establish and participate in political parties and other associations

  • Parties must be granted an opportunity to challenge state decisions restricting their activities or formation. [?]

Political organizations were treated equally in being recognized and registering as a party

  • Political parties may be required to register with election authorities when contesting the election. The grounds for rejecting a registration application should be based on objective criteria. [?]

Public Funding for Election Campaigns

  • Relevant Election Parts:
  • Candidacy and Campaigning

Both the state and citizens were able to support candidates and parties, including financial support, and this support did not interfere with the independence of the party

  • The state and its citizens are both entitled to provide support to candidates and political parties. [?]
  • State support to candidates and political parties may be financial. [?]
  • State and citizen support should not interfere with the independence of a political party. [?]
  • State support should be limited to reasonable contributions. [?]
  • The state may contribute, directly or indirectly, to the operational costs of party activities, election campaigns, and the functioning of parliamentary party groups. [?]

State support of candidates was available on an equitable basis and was distributed according to an objective, fair and reasonable formula

  • The formula for the distribution of state support to to candidates and political parties should be objective, fair, and reasonable. [?]
  • If election campaign expenses are reimbursed by the state, the state should ensure that the system of such reimbursement is sufficiently well developed to permit elections to take place in a pluralistic climate. [?]
  • If public funds are distributed to political parties and candidates, those funds should be available on an equitable basis. [?]

Private Funding for Campaigns

  • Relevant Election Parts:
  • Candidacy and Campaigning

Citizens were able to support candidates and parties, including financial support, and this support did not interfere with the independence of the party

  • The state and its citizens are both entitled to provide support to candidates and political parties. [?]
  • State and citizen support should not interfere with the independence of a political party. [?]
  • Political parties and candidates should be partly financed through private means. [?]

Candidature

  • Relevant Election Parts:
  • Candidacy and Campaigning

The loss of the right to be elected was only imposed after adjudication by a court

  • Loss of the right to be elected may only be imposed following adjudication by a court. [?]

Candidacy requirements upheld freedom of association

  • Demands on political parties regarding registration should not be so stringent as to jeopardize their freedom of association. [?]

Every citizen had the right to be elected, subject only to reasonable restrictions

  • Suspension or exclusion of participatory rights is prohibited except on grounds established by law and which are objective and reasonable. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including criminal conviction. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including support from a minimum number of citizens. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including a reasonable monetary fee or deposit. [?]
  • Every citizen has the right to be elected. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including a minimum age limit. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including residency. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including citizenship. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including holding a position that could constitute a conflict of interest if also holding elective office. [?]
  • Limits on those wishing to run for office must be based on objective and reasonable criteria. [?]
  • There should be a clear deadline after which the validity of candidatures cannot be challenged. [?]

Counting Cast Ballots

  • Relevant Election Parts:
  • Vote Counting and Tabulation

Vote counting and tabulation processes protected the right to be elected

  • Suspension or exclusion of participatory rights is prohibited except on grounds established by law and which are objective and reasonable. [?]
  • Political parties may be required to register with election authorities when contesting the election. The grounds for rejecting a registration application should be based on objective criteria. [?]
  • If public funds are distributed to political parties and candidates, those funds should be available on an equitable basis. [?]
  • States should consider imposing reasonable limits on campaign expenditure. [?]
  • Residency requirements should not be excessive, or may be considered discriminatory. [?]
  • Every citizen has the right to be elected. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including residency. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including citizenship. [?]
  • Where legislation allows for public funding, private funding, or a mix of the two, legislation should ensure that all political parties and candidates are treated equitably with respect to campaign finance and expenditures. [?]
  • Political party and candidate representatives should be allowed in the polling station to observe polling. [?]
  • Candidates must be permitted to run either as party candidates or individually. [?]
  • Limits on those wishing to run for office must be based on objective and reasonable criteria. [?]
  • Loss of the right to be elected may only be imposed following adjudication by a court. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including criminal conviction. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including support from a minimum number of citizens. [?]

The state took proactive measures to promote voting by the broadest pool of eligible voters and ensure votes cast were counted

  • Every citizen has the right to be elected. [?]

The vote counting and tabulation process did not discriminate against anyone on the basis of prohibited grounds

  • Every citizen has the right to be elected. [?]

Partisan and Nonpartisan Observation of Vote Counting and Tabulation

  • Relevant Election Parts:
  • Vote Counting and Tabulation

The vote-counting process was transparent and observable

  • Suspension or exclusion of participatory rights is prohibited except on grounds established by law and which are objective and reasonable. [?]
  • Political parties may be required to register with election authorities when contesting the election. The grounds for rejecting a registration application should be based on objective criteria. [?]
  • If public funds are distributed to political parties and candidates, those funds should be available on an equitable basis. [?]
  • States should consider imposing reasonable limits on campaign expenditure. [?]
  • Residency requirements should not be excessive, or may be considered discriminatory. [?]
  • Every citizen has the right to be elected. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including residency. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including citizenship. [?]
  • Where legislation allows for public funding, private funding, or a mix of the two, legislation should ensure that all political parties and candidates are treated equitably with respect to campaign finance and expenditures. [?]
  • Political party and candidate representatives should be allowed in the polling station to observe polling. [?]
  • Candidates must be permitted to run either as party candidates or individually. [?]
  • Limits on those wishing to run for office must be based on objective and reasonable criteria. [?]
  • Loss of the right to be elected may only be imposed following adjudication by a court. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including criminal conviction. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including support from a minimum number of citizens. [?]

Partisan and Nonpartisan Observation of Voting Operations

  • Relevant Election Parts:
  • Voting Operations

Candidates and their representatives were able to observe polling and counting as means of protecting their right to be elected

  • Limits on those wishing to run for office must be based on objective and reasonable criteria. [?]
  • Every citizen has the right to be elected. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including residency. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including citizenship. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including criminal conviction. [?]
  • Limits on individuals wishing to run for office may only be based on objective and reasonable criteria, including support from a minimum number of citizens. [?]

Campaign Expenditures

  • Relevant Election Parts:
  • Candidacy and Campaigning

All candidates were treated equitably with regard to campaign finance and expenditures

  • Where legislation allows for public funding, private funding, or a mix of the two, legislation should ensure that all political parties and candidates are treated equitably with respect to campaign finance and expenditures. [?]

There were limits imposed on campaign expenditures

  • States should consider imposing reasonable limits on campaign expenditure. [?]

Sources

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