Sources
×Election Part
Candidacy and Campaigning
Candidates and political parties are important stakeholders in the electoral process. Not only do candidates have rights, they also represent the opinions and political voices of voters.
Relevant Obligations
- Genuine Elections That Reflect the Free Expression of the Will of the People
- Rule of Law
- State Must Take Necessary Steps to Give Effect to Rights
- Right and Opportunity to Be Elected
- Freedom from Discrimination and Equality Before the Law
- Equality Between Men and Women
- Transparency and Access to Information
- Freedom of Opinion and Expression
- Right and Opportunity to Participate in Public Affairs
- Right to Security of the Person
- Freedom of Assembly
- Right to an Effective Remedy
- Freedom of Movement
- Freedom of Association
- Prevention of Corruption
- Periodic Elections
Key
- Macro-Level Obligation
- Foundational Obligations
- Individual Rights and Freedoms
- Process-Focused Obligations
Issues
- The Legal Framework and Candidacy and Campaigning
- Establishment, Regulation of, and Membership in Political Parties
- The Election Calendar and Enjoyment of Rights
- Candidature
- Independent Candidacy
- Female Candidates
- Equal Treatment of Candidates and Parties
- Campaign Silence Period
- Special Measures
- Equal Access to Public Places
- Freedom of Opinion and Expression for Political Candidates and Their Supporters
- Advocacy of Hatred and Incitement to Violence
- Internet and Exercise of Rights Online
- Campaigning Without Interference
- Freedom of Movement for Political Candidates and Their Supporters
- Observation of the Campaign Period
- Protection of Personal Data
- Transparency and Access to Electoral Documents
- Right to an Effective Remedy for Candidates and Parties
- Security of the Person of Candidates, Parties, and Their Supporters
- Regulation of Campaign Contributions
- Public Funding for Election Campaigns
- Private Funding for Campaigns
- Campaign Expenditures
- Disclosure of Campaign Finances
- Misuse of State Resources
- Independent Body to Monitor Campaign Finances
- Sanctions for Campaign Finance Violations
The Legal Framework and Candidacy and Campaigning
- Key Obligations:
- State Must Take Necessary Steps to Give Effect to Rights
- Rule of Law
The principles of rule of law were promoted
- States should take measures to promote the principles of the rule of law. [?]
Campaign finance regulation was consistent with the principles of the rule of law
- The legal framework should address all components of the system of party and candidate financing. [?]
- Legislation on political party and campaign finance should be clear and unambiguous. [?]
- Legislation on political party and campaign finance should avoid conflicting provisions governing the activities of political parties and their financial activities. [?]
- Legislation on political party and campaign finance should avoid conflicting provisions between laws governing the financing of national and sub-national parties. [?]
- Legislation should cover fundamental issues such as sources of funding, private donations, public subsidies to political parties, the financing of election campaigns and provisions for disclosure, reporting, monitoring, and enforcement. [?]
- Campaign finance legislation should be publicly available. [?]
The laws regulating elections were equally enforced and were not arbitrarily applied
The legal framework for elections was consistent with international human rights
- Laws must be consistent with international human rights. [?]
Establishment, Regulation of, and Membership in Political Parties
- Key Obligations:
- Freedom from Discrimination and Equality Before the Law
- Right and Opportunity to Be Elected
- Freedom of Association
Citizens were able to establish and participate in political parties and other associations
- Discrimination must not be practiced based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, disability, gender identity and expression, migrant, refugee, repatriate, stateless or internally displaced status, genetic trait, mental or physical health condition, including infectious contagious condition and debilitating psychological condition, or other status at any time. [?]
- Everyone has the right to association. [?]
- Particular individual electoral rights should be extended to associations and political parties. [?]
- Freedom of association may be restricted under certain circumstances as are prescribed by law and necessary in a democratic society. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of national security. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of public safety/order. [?]
- Freedom of association may be restricted only in limited cases, including in the interests of public health or morals. [?]
- Freedom of association may be restricted only in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
- Lawful restrictions of this freedom may also be placed on members of the armed forces and the police. [?]
- Everyone has the right to establish a political party. [?]
- All individuals and groups should have the right to establish their own political parties or political organizations on equal terms. [?]
- Everyone has the right to associate with a political party. [?]
- Association with a political party must be voluntary. [?]
- Parties must be granted an opportunity to challenge state decisions restricting their activities or formation. [?]
Individual electoral rights could be enjoyed in community with others
- Particular individual electoral rights should be extended to associations and political parties. [?]
Political organizations were treated equally in being recognized and registering as a party
- Everyone has the right to association. [?]
- Particular individual electoral rights should be extended to associations and political parties. [?]
- 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. [?]
- Regardless of their ideological position, political parties should be treated equally in being recognized and registering as a party. [?]
- Political parties should be assured that they will be able to compete with each other on an equal basis before the law. [?]
- Everyone has the right to establish a political party. [?]
- All individuals and groups should have the right to establish their own political parties or political organizations on equal terms. [?]
- Everyone has the right to associate with a political party. [?]
- Association with a political party must be voluntary. [?]
Regulations and deadlines for legal recognition of political parties were clearly specified. Registration requirements were not so stringent that they jeopardized freedom of association
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. [?]
The Election Calendar and Enjoyment of Rights
- Key Obligations:
- Periodic Elections
The election schedule provided adequate time for the registration of candidates and campaigning, as well as the resolution of any complaints prior to election day
- The electoral calendar should provide adequate time for campaigning and public information efforts. [?]
Candidature
- Key Obligations:
- Freedom from Discrimination and Equality Before the Law
- Rule of Law
- Right and Opportunity to Participate in Public Affairs
- Right and Opportunity to Be Elected
- Freedom of Association
Candidacy requirements upheld freedom of association
- Demands on political parties regarding registration should not be so stringent as to jeopardize their freedom of association. [?]
Citizens were able to support any and all candidates of their choice
- Voters should be allowed to sign ballot qualification petitions for more than one candidate or party. [?]
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. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as race. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as religion. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as ethnic origin. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as political opinion or affiliation (past and present). [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as language. [?]
- With respect to candidates for office, there should be no restrictions on candidacy based on any form of disability. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as sexual orientation. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as requirement of party membership or nomination. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as education. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as economic status. [?]
- 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. [?]
Independent Candidacy
- Key Obligations:
- Freedom from Discrimination and Equality Before the Law
Regulations regarding candidacy were the same for the independent and partisan actors
- Regulations regarding candidacy should be the same for independent and partisan actors. [?]
- With respect to candidates for office, there should be no restrictions on candidates for reasons such as political opinion or affiliation (past and present). [?]
- No one should suffer from discrimination or disadvantage of any kind because of his candidacy. [?]
Female Candidates
- Key Obligations:
- Right to Security of the Person
- Equality Between Men and Women
Female candidates participated in the electoral process on an equal basis with men
The state took steps to ensure de facto equality between men and women
- Collection and publication of gender-disaggregated information around electoral processes contributes to raising awareness and advancement of women's rights. [?]
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
- Measures to promote the participation and representation of women could include gender-targeted public funding of political parties. [?]
Intimidation, coercion or violence against politically active women was prohibited in law and in practice
- States should ensure that violence, including online, does not undermine women's rights, including political participation and representation. [?]
Equal Treatment of Candidates and Parties
- Key Obligations:
- Freedom from Discrimination and Equality Before the Law
- Equality Between Men and Women
Candidates and political parties were able to compete with each other on an equal basis
- Electoral legislation and its regulations should offer clear guidance with respect to the process by which parties and candidates were placed on the ballot. [?]
- The state should enable new parties to compete under fair conditions with more established parties. [?]
- Political parties should be assured that they will be able to compete with each other on an equal basis before the law. [?]
- All political contestants should have an equal period of time in which to campaign. [?]
- Procedures for ballot access must be non-discriminatory. [?]
No one suffered discrimination or disadvantage of any kind because of their candidacy
- No one should suffer from discrimination or disadvantage of any kind because of his candidacy. [?]
Regulations for candidacy and campaigning were not discriminatory
- Discrimination must not be practiced based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, disability, gender identity and expression, migrant, refugee, repatriate, stateless or internally displaced status, genetic trait, mental or physical health condition, including infectious contagious condition and debilitating psychological condition, or other status at any time. [?]
- Discrimination means any distinction, exclusion, restriction, or preference on the basis of race, color, sex, language, religion, political or other opinion, or national or social origin, sexual orientation, gender identity, or disability. [?]
- Distinctions made on the basis of disabilities are to be considered discrimination. [?]
- Distinctions made on the basis of sexual orientation are to be considered discrimination. [?]
- All are equal before the law, and laws should be equally enforced. [?]
- Discrimination must not be practiced based on sex. [?]
- Discrimination includes any distinction, exclusion, restriction, or preference on the basis of sex. [?]
Campaign Silence Period
- Key Obligations:
- Freedom of Opinion and Expression
If a campaign silence period was imposed, it was reasonable in length
- A silent period may be instituted immediately in advance of polling day, allowing voters to exercise their franchise freely and without undue pressure. [?]
Special Measures
- Key Obligations:
- Freedom from Discrimination and Equality Before the Law
- Equality Between Men and Women
Special measures were taken to ensure de facto equality for people with disabilities
- Distinctions made on the basis of disabilities are to be considered discrimination. [?]
- Specific measures aimed at ensuring de facto equality for persons with disabilities should not be considered discriminatory. [?]
- Women and girls with disabilities are subject to multiple discrimination. [?]
- Political parties could support the participation of persons with disabilities by involving them as members, nominating on electable positions on candidate lists, targetted financial support, and making campaign events and programmes accessible. [?]
Special measures were taken, as necessary, to promote equality for minorities
- Special measures for advancing ethnic minorities or groups that have suffered past discrimination should be taken when circumstances warrant, but should not be maintained after the objectives for which they were taken are met, and should not result in the maintenance of unequal rights for different groups. [?]
- Special measures to ensure participation and representation of national minorities may include reduced or waived minimum support, deposit, and electoral threshold requirements, and quotas. [?]
- Some measures taken to ensure equitable representation of minority groups should not be considered discriminatory. [?]
The state took steps to ensure de facto equality between men and women
- Women should enjoy equality with men before the law. [?]
- States should take special, temporary measures to achieve de facto equality for women. [?]
- Temporary measures to achieve de facto equality for women may include the use of quotas to ensure their participation or representation. [?]
- The state must perform both its "negative duty" to refrain from discrimination against women and its "positive duty" to prevent discrimination against women. [?]
- Special measures for advancing women where they have suffered past discrimination may include quotas to ensure participation or representation. [?]
- Temporary special measures to achieve de facto equality for women can include financially assisting and training women candidates, amending electoral procedures, developing campaigns directed at equal participation, and targeting women for appointment to public positions, or the use of quotas. [?]
- Measures to promote the participation and representation of women could include gender-targeted public funding of political parties. [?]
Equal Access to Public Places
- Key Obligations:
- Freedom from Discrimination and Equality Before the Law
Freedom of Opinion and Expression for Political Candidates and Their Supporters
- Key Obligations:
- Freedom of Opinion and Expression
Freedom of opinion and expression was protected throughout the campaign process
- Everyone has the right to freedom of expression, whether through public speeches or other means. [?]
- Political parties and candidates must be granted, on an equal basis, the freedom to seek, receive, and impart information and ideas of all kinds orally, in writing, in print, through art, or through any other form of media. [?]
- Freedom of expression includes unhindered communication with international bodies on matters of human rights. [?]
- Parties and candidates must be able to communicate their opinions to the electorate. [?]
- Freedom of expression may only be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of national security. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of territorial integrity. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of public safety. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Freedom of expression may only be restricted in limited cases, including when an expression seeks to destroy other established rights. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- The communication and circulation of ideas may not be restricted by any indirect means, such as abuse of government or private control over the media. [?]
- To address disinformation online, self-regulation by internet intermediaries and positive measures, including independent fact-checking, public education, and media literacy campaigns, could be prioritized over criminalisation. [?]
Political parties were able to communicate their opinions to the electorate
Advocacy of Hatred and Incitement to Violence
- Key Obligations:
- Freedom of Association
- Freedom of Opinion and Expression
Advocacy of national, racial, and religious hatred that constituted incitement to discrimination, hostility, or violence was prohibited by law, and the law was enforced
- Freedom of expression may only be restricted in limited cases, including when an expression seeks to destroy other established rights. [?]
- Freedom of expression may only be restricted in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence should be prohibited by law. [?]
- States may prohibit political parties that advocate the use of violence or that pose a realistic and imminent threat to democracy. [?]
Internet and Exercise of Rights Online
- Key Obligations:
- Freedom of Assembly
Internet freedom and the exercise of human rights online were protected. Restrictions imposed were based in law, proportionate, and necessary in a democratic society
- Internet freedom, including access to online resources and digital tools, should be protected as essential to the exercise of human rights online, with any restrictions based in law, proportionate, and necessary in a democratic society. [?]
Campaigning Without Interference
- Key Obligations:
- Right and Opportunity to Participate in Public Affairs
- Freedom of Assembly
Candidates and their supporters were able to assemble freely throughout the campaign period. This obligation included organizing and participating in public rallies and peaceful campaign activities
- Everyone has the right to peaceful assembly. [?]
- Political parties, candidates, and citizens have the right to organize and participate in public rallies and conduct legitimate campaigning without undue influence. [?]
- Freedom of assembly is integral to fostering communication between citizens and political leaders. [?]
- Everyone is entitled to protection under the law when peacefully opposing acts that violate human rights. [?]
- All forms of peaceful assembly are protected, including online meetings and online activities to plan, organize, and mobilize for assemblies. [?]
Restrictions on the campaign activities were proportionate, non-discriminatory, and subject to prompt independent and impartial judicial review
- Freedom of assembly must be respected in the context of political rallies and meetings. [?]
- Freedom of assembly may be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society. [?]
- Freedom of assembly may only be restricted under certain circumstances, including in the interest of national security. [?]
- Freedom of assembly may only be restricted under certain circumstances, including in the interest of public safety/order. [?]
- Freedom of assembly may only be restricted under certain circumstances, including in the interest of public health or morals. [?]
- Freedom of assembly may only be restricted under certain circumstances, including in the interest of protecting the rights and freedoms of others. [?]
- There should be no requirement to obtain a permission to hold an assembly. [?]
- The procedure for notifying authorities of a planned assembly should be clear and simple. [?]
- The state is obliged to provide and to cover costs related to the holding of assemblies in public spaces, including security, medical care, and cleaning. [?]
Citizens were able to participate in public affairs through political parties and nongovernmental organizations
- States should pursue policies encouraging the participation of the youth in public affairs and decision-making processes affecting them. [?]
Freedom of Movement for Political Candidates and Their Supporters
- Key Obligations:
- Freedom of Movement
Freedom of movement was respected for all electoral stakeholders, including candidates, parties, and their supporters during the campaign period
- Everyone has the right to freedom of movement within the borders of each state. [?]
- Everyone has the right to leave and return to his/her own country. [?]
- Freedom of movement may only be restricted when provided by law, necessary in a democratic society, and consistent with other rights. [?]
- Movement may be restricted, but such restrictions must be proportionate and be appropriate to achieve their protective function. [?]
- Freedom of movement may only be restricted in limited cases, including in the interest of national security. [?]
- Freedom of movement may only be restricted in limited cases, including in the interest of public order. [?]
- Freedom of movement may only be restricted in limited cases, including in the interest of public health or morals. [?]
- Freedom of movement may only be restricted in limited cases, including in the interest of protecting the rights and freedoms of others. [?]
- Freedom of movement may only be restricted in limited cases, including in the interest of preventing crime. [?]
- Freedom of movement must be respected in the context of political rallies and meetings. [?]
Observation of the Campaign Period
- Key Obligations:
- Right and Opportunity to Participate in Public Affairs
- Transparency and Access to Information
Citizens were able to participate in public affairs through political parties and nongovernmental organizations
- Everyone has the right to participate in the public affairs of his/her country. [?]
Election observers were able to observe the campaign process
- The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
- Candidates, party agents, and accredited observers should have access to polling stations. [?]
- Candidates or their agents and accredited observers should be allowed to observe the counting and tabulation of the votes. [?]
- Observers should be permitted to follow all aspects and stages of an electoral process. [?]
International observers were accredited and were able to access and comment on all parts of the electoral process
- The participation of observers, citizen and international, may enhance all aspects of the electoral process. [?]
Protection of Personal Data
- Key Obligations:
- Transparency and Access to Information
Personal data collected was not used for other purposes
- Personal data should only be collected for specified and legitimate purposes. [?]
Personal data could be collected and processed based on informed consent
- Unless provided for by law, or necessary to deliver a service or for other legitimate purposes, personal information may only be used based on informed consent. [?]
Personal data controllers complied with data minimization, accuracy, confidentiality, integrity, and storage limitation obligations
- Collection of personal data should be minimized, relevant, and limited to purposes pursued. [?]
Transparency and Access to Electoral Documents
- Key Obligations:
- Transparency and Access to Information
The state proactively put in the public domain government information of public interest
- States should proactively put in the public domain government information of public interest. [?]
The right of access to information was protected for everyone
- Everyone has the right to seek and receive information. [?]
- States should take steps to ensure access to information for persons with disabilities without additional cost. [?]
- Access to information may be restricted only in limited cases, including in the interest of national security. [?]
- Access to information may be restricted only in limited cases, including in the interest of territorial integrity. [?]
- Access to information may be restricted only in limited cases, including in the interest of public safety. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting the reputation and rights of others. [?]
- Access to information may be restricted only in limited cases, including in the interest of protecting personal data. [?]
- Access to information may be restricted only in limited cases, including in the interest of maintaining the authority and impartiality of the judiciary. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing crime or disorder. [?]
- Access to information may be restricted only in limited cases, including in the interest of preventing the disclosure of information received in confidence. [?]
- Access to information may be restricted only in limited cases, including when an expression seeks to destroy other established rights. [?]
- An applicant for an official document should not be obliged to give reasons for requesting an official document. [?]
Right to an Effective Remedy for Candidates and Parties
- Key Obligations:
- Right to an Effective Remedy
There was a timely and effective means of seeking redress for violations of rights regarding candidacy and campaigning
- Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms. [?]
- Individuals must have the right to a remedy for violation of their participatory rights relating to the election process. [?]
- Cessation of a violation is an essential element of an effective remedy. [?]
- The legal framework for elections should provide effective redress for violations of electoral rights. [?]
- Effective redress requires disputes to be dealt with in a timely manner. [?]
Security of the Person of Candidates, Parties, and Their Supporters
- Key Obligations:
- State Must Take Necessary Steps to Give Effect to Rights
- Right to Security of the Person
The right to security of the person was enjoyed by all electoral stakeholders, including candidates, party members, and their supporters
The right to security of the person for all citizens (including EMB personnel) was protected throughout the election period
- States should ensure that violence, including online, does not undermine women's rights, including political participation and representation. [?]
Electoral stakeholders were free from arbitrary arrest and detention as well as intimidation and coercion
- Any security-related restrictions of freedoms and the use of force by public security providers must be based in law, necessary, and proportionate to the objective of maintaining public order. [?]
Security personnel played a positive role during the electoral process, providing protection for voters, candidates, and electoral management body personnel without interfering in the process
- Any security-related restrictions of freedoms and the use of force by public security providers must be based in law, necessary, and proportionate to the objective of maintaining public order. [?]
Regulation of Campaign Contributions
- Key Obligations:
- Prevention of Corruption
- Freedom of Opinion and Expression
Candidates could contribute to their own campaigns, subject to reasonable limitations
- Within reasonable limitations, candidates should be able to contribute to their own campaigns. [?]
Reasonable limitations were imposed on private contributions
- Political parties and candidates should be partly financed through private means. [?]
- Reasonable limitations may be placed on private funding contributions to level the playing field during campaign activities. [?]
- Limits on private contributions may consist of a maximum threshold on the amount of money that may be accepted from a single source. [?]
- Limits on private contributions may consist of a limit on the total sum of acceptable private donations. [?]
- Cash donations should be prohibited. [?]
- States should consider introducing rules which define acceptable sources of donations to political parties and/or candidates. [?]
- States should consider limiting or prohibiting donations from anonymous sources. [?]
- Low value donations may be excluded from the obligation to refuse anonymous donations. [?]
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
The state regulated foreign funding of candidates and parties but did not limit contributions by nationals living abroad
- States should regulate funding by foreign donors, but should not limit contributions by nationals living abroad. [?]
There were clear rules and regulations regarding the acceptable sources of financial donations
- Measures taken by states to govern donations to parties should include rules to avoid conflicts of interest. [?]
- Measures taken by states to govern donations to parties should include rules to ensure transparency of donations. [?]
- Measures taken by states to govern donations to parties should include rules to avoid prejudice to the activities of the party. [?]
- Measures taken by states to govern donations to parties should include rules to ensure the independence of the party. [?]
- Public laws should prohibit only those forms of fundraising that have no connection to the party's raison d'etre. [?]
- States should regulate contributions by legal entities. [?]
- Rules concerning donations to political parties should apply, as appropriate, to other entities associated with political parties. [?]
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
There was a balanced and transparent system for political party financing
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
Public Funding for Election Campaigns
- Key Obligations:
- Right and Opportunity to Be Elected
- Equality Between Men and Women
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. [?]
- Measures to promote the participation and representation of women could include gender-targeted public funding of political parties. [?]
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
- Key Obligations:
- Right and Opportunity to Be Elected
- Freedom of Opinion and Expression
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
The system for regulating private financial contributions ensured equality of freedom to raise private funds
- Where private funding contributions are allowed, the system should be designed to ensure equality of freedom to raise private funds. [?]
Campaign Expenditures
- Key Obligations:
- Right and Opportunity to Be Elected
- Prevention of Corruption
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. [?]
Disclosure of Campaign Finances
- Key Obligations:
- Transparency and Access to Information
- Prevention of Corruption
Limits on advertising spending (as political speech) were instituted only in the interests of promoting equality between candidates or parties
- Laws should address the applicability of regulations on paid political advertising in traditional media, including rules on placement, financing, and transparency, to such advertising online. [?]
Campaign finance reporting requirements were realistic, and disclosure requirements struck a balance between transparency and the privacy of donors
- Disclosure regulations should strike a balance between transparency and privacy. [?]
- Requirements for financial reporting of electoral activity should be realistic. [?]
- A balanced and transparent system of political party financing should be fostered. [?]
- Laws should address the applicability of regulations on paid political advertising in traditional media, including rules on placement, financing, and transparency, to such advertising online. [?]
Disclosure provisions should clearly identify what counts as campaign expenditure
- Public legislation on disclosure should adopt the following guideline: disclosure provisions should distinguish between income and expenditure. [?]
- Public legislation on disclosure should adopt the following guideline: donations exceeding a certain minimum threshold should be disclosed. [?]
- Public legislation on disclosure should adopt the following guideline: donations should be itemized into standardized categories. [?]
- Public legislation on disclosure should adopt the following guideline: disclosure provisions should distinguish between the financing of political parties and the financing of candidates. [?]
- Public legislation on disclosure should adopt the following guideline: disclosure provisions should distinguish between routine party finances and electoral finances. [?]
- Public legislation on disclosure should adopt the following guideline: disclosure rules should include both national and local party finances. [?]
- Regulations should clearly identify what counts as a campaign expenditure and what does not. [?]
- Regulations should establish a campaign period for the purposes of expenditure. [?]
The funding received by a political party and/or candidate was disclosed in regular reports
- The system should be transparent in disclosing the funding received by any political party or candidate. [?]
- States should require records of expenditure. [?]
- States should require that parties present and make public their accounts. [?]
- Election campaign reporting schedules should allow release of the report in advance of election day. [?]
- Reports should be timely, public, detailed, and comprehensive and should be understandable to the public at large. [?]
- States should require the accounts of a political party to specify all donations received by the party including the nature and value of the donation. [?]
- States should require that parties and related entities keep proper books and accounts and that the accounts of parties be consolidated to include the accounts of said related entities. [?]
- Special records for direct and indirect contributions to campaigns should be required. [?]
- Parties should offer access to their foundational documents, procedures, and accounts. [?]
- Separate reporting requirements should be adopted for operational and electoral activities. [?]
- Parties should submit reports at regular intervals. [?]
- Campaigning and spending by third parties may be regulated, in particular to ensure transparency and accountability. [?]
Misuse of State Resources
- Key Obligations:
- Prevention of Corruption
- Right to Security of the Person
Public resources were not abused in support of a particular party or candidate
The law was clear regarding the extent to which public employees could be involved in a campaign. Public employees were not coerced into voting for a particular candidate or party
- Electoral legislation should include procedures and a range of penalties aimed at preventing corruption in various sectors. [?]
- The law should be clear regarding the extent to which public employees may be involved in a campaign. [?]
- Public employees should not be coerced to vote for a particular party or candidate. [?]
- Regulations against misuse of public resources and of official position may include a prohibition for public officials to campaign while on duty. [?]
There was a balanced and transparent system for political party financing
- A balanced and transparent system of political party financing should be fostered. [?]
Independent Body to Monitor Campaign Finances
- Key Obligations:
- State Must Take Necessary Steps to Give Effect to Rights
The state took steps to provide for independent monitoring of campaign and political financing
- States should provide for the independent monitoring of campaign and political funding. [?]
- An independent monitoring body should be created to review political and campaign finance. [?]
- An independent monitoring body created to review political and campaign finance should be multiparty. [?]
- Commissioners of independent monitoring bodies created to review political and campaign finance should not be eligible for re-appointment. [?]
- An independent monitoring body created to review political and campaign finance should have security of funding and be free from political pressure. [?]
- An independent monitoring body created to review political and campaign finance must have autonomous capacity to seek out violations. [?]
- An independent monitoring body created to review political and campaign finance should respect human rights. [?]
- An independent monitoring body created to review political and campaign finance should provide accessible and timely information. [?]
- Legislation should define the procedure for appointing members to a monitoring body created to review political and campaign finance. [?]
- Legislation should define a monitoring body's specific powers and activities. [?]
- Legislation should define the types of breaches of the law to be sanctioned. [?]
- Legislation should define procedures for appeal against decisions of the independent monitoring body. [?]
Sanctions for Campaign Finance Violations
- Key Obligations:
- State Must Take Necessary Steps to Give Effect to Rights