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]
Relevant Election Parts
Issues
- Establishment, Regulation of, and Membership in Political Parties
- Public Funding for Election Campaigns
- Private Funding for Campaigns
- Candidature
- Counting Cast Ballots
- Partisan and Nonpartisan Observation of Vote Counting and Tabulation
- Partisan and Nonpartisan Observation of Voting Operations
- Campaign Expenditures
Establishment, Regulation of, and Membership in Political Parties
- Relevant Election Parts:
- Candidacy and Campaigning
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. [?]
The grounds for rejecting registration of a party were based on objective criteria
- 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. [?]
- Parties must be granted an opportunity to challenge state decisions restricting their activities or formation. [?]
Public Funding for Election Campaigns
- 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. [?]
- If public funds are distributed to political parties and candidates, those funds should be available on an equitable basis. [?]
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. [?]
- 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 should be limited to reasonable contributions. [?]
- State and citizen support should not interfere with the independence of a political party. [?]
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
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. [?]
Citizens were able to support candidates and parties, including financial support, and this support did not interfere with the independence of the party
Candidature
- Relevant Election Parts:
- Candidacy and Campaigning
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. [?]
- Residency requirements should not be excessive, or may be considered discriminatory. [?]
- Every citizen has the right to be elected. [?]
- Limits on those wishing to run for office must 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 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 criminal conviction. [?]
- 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 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. [?]
- There should be a clear deadline after which the validity of candidatures cannot be challenged. [?]
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. [?]
Counting Cast Ballots
- Relevant Election Parts:
- Vote Counting and Tabulation
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. [?]
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. [?]
- Every citizen has the right to be elected. [?]
- Loss of the right to be elected may only be imposed following adjudication by a court. [?]
- 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. [?]
- 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. [?]
- Political party and candidate representatives should be allowed in the polling station to observe polling. [?]
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. [?]
- Every citizen has the right to be elected. [?]
- Loss of the right to be elected may only be imposed following adjudication by a court. [?]
- 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. [?]
- 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. [?]
- Political party and candidate representatives should be allowed in the polling station to observe polling. [?]
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
- Every citizen has the right to be elected. [?]
- Limits on those wishing to run for office must 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 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. [?]
- States should consider imposing reasonable limits on campaign expenditure. [?]
There were limits imposed on campaign expenditures
- States should consider imposing reasonable limits on campaign expenditure. [?]