220 Results
Quotes
Quotes based on international documents, law, and treaties- "[R]esults must be transmitted to the higher level in an open manner. "
- "It is desirable that commissions take decisions by a qualified majority or by consensus. "
- "The use of public funds by the authorities for campaigning purposes must be prohibited. "
- "Payment from private sources for the collection of signatures for popular initiatives and requests for referendums should, as a rule, be prohibited. If permitted, it must be regulated, with regard to both the total amount allocated and the amount paid to each person. "
- "The Court notes that a finding that a candidate has engaged in unfair or illegal campaigning methods could entail serious consequences for the candidate concerned, in that he or she could be disqualified from running for the election. As the Convention guarantees the effective exercise of individual electoral rights, the Court considers that, in order to prevent arbitrary disqualification of candidates, the relevant domestic procedures should contain sufficient safeguards protecting the candidates from abusive and unsubstantiated allegations of electoral misconduct, and that decisions on disqualification should be based on sound, relevant and sufficient proof of such misconduct (see Orujov, cited above, § 46). "
- "[A]t least two criteria should be used to assess the accuracy of the outcome of the ballot: the number of votes cast and the number of voting slips placed in the ballot box."
- "[V]oting slips must not be tampered with or marked in any way by polling station officials."
- " [R]esults must be transmitted to the higher level in an open manner."
- "The bodies appointing members of electoral commissions must not be free to dismiss them at will. "
- "It is desirable that electoral commissions take decisions by a qualified majority or by consensus. "
- "There are two kinds of results: provisional results and final results (before all opportunities for appeal have been exhausted). The media, and indeed the entire nation, are always impatient to hear the initial provisional results. The speed with which these results are relayed will depend on the country’s communications system. The polling station’s results can be conveyed to the electoral district (for instance) by the presiding officer of the polling station, accompanied by two other members of the polling station staff representing opposing parties, in some cases under the supervision of the security forces, who will carry the records of the proceedings, the ballot box, etc. "
- "However much care has been taken at the voting and vote-counting stages, transmitting the results is a vital operation whose importance is often overlooked; it must therefore be effected in an open manner. Transmission from the electoral district to the regional authorities and the Central Electoral Commission – or other competent higher authorities – can be done by fax. In that case, the records will be scanned and the results can be displayed as and when they come in. Television can be used to broadcast these results but once again, too much transparency can be a dangerous thing if the public is not ready for this kind of piecemeal reporting. The fact is that the initial results usually come in from the towns and cities, which do not normally or necessarily vote in the same way as rural areas. It is important therefore to make it clear to the public that the final result may be quite different from, or even completely opposite to, the provisional one, without there having been any question of foul play. "
- "There are many ways of making decisions. It would make sense for decisions to be taken by a qualified (e.g. 2/3) majority, so as to encourage debate between the majority and at least one minority party. Reaching decisions by consensus is preferable. "
- "The meetings of the central electoral commission should be open to everyone, including the media (this is another reason why speaking time should be limited). Any computer rooms, telephone links, faxes, scanners, etc. should be open to inspection."
- "Appropriate staff with specialised skills are required to organise elections. Members of central electoral commissions should be legal experts, political scientists, mathematicians or other people with a good understanding of electoral issues. "
- "Observation is not confined to the actual polling day but includes ascertaining whether any irregularities have occurred in advance of the elections (e.g. by improper maintenance of electoral lists, obstacles to the registration of candidates, restrictions on freedom of expression, and violations of rules on access to the media or on public funding of electoral campaigns), during the elections (e.g. through pressure exerted on electors, multiple voting, violation of voting secrecy, etc.) or after polling (especially during the vote counting and announcement of the results). Observation should focus particularly on the authorities’ regard for their duty of neutrality. "
- "[Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties. "
- "Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life; "
- "Public service agents shall demonstrate professionalism, transparency and impartiality in the performance of their duties."
- "State Parties shall adopt procedures for selection and recruitment into the public service and administration that shall be based on principles of competition, merit, equity and transparency."
- "The law should clearly establish timeframes for which campaign finance regulations are applicable, including dates for reporting and disclosure, and statutes of limitations for violations."
- "For campaign finance laws or regulations to be meaningful, it is essential for them to require disclosure through clear, detailed and periodic reporting on contributions and expenditures."
- "While formal campaign finance oversight is to be carried out by an official regulator, monitoring of compliance with the regulations can also be undertaken by media, civil society organizations and international observers, which can play an important role in enhancing transparency of campaign finance and create safeguards against potential abuses."
- "Sanctions should be imposed on electoral contestants who violate campaign finance regulations. Sanctions should eliminate any benefit obtained from failing to comply with the law, punish those who fail to comply and deter future non-compliance."
- "Sanctions must at all times be objective, enforceable, effective and proportionate to their specific purpose. A range of sanctions may be applied, including warnings, administrative fines, partial or total loss of public funds and, in the case of significant violations, criminal prosecution."
- "To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited."
- "There is an increased understanding in states’ national legislation that any form of gifts to voters, beyond low-value campaign materials, can be considered vote buying."
- "Regulations may limit the overall monetary contribution an individual or a legal entity may make to a candidate/party (quantitative restrictions). Additionally, regulations may prohibit contributions from certain sources, such as foreign persons or organizations, legal entities, state bodies or public enterprises, or anonymous donations (qualitative restrictions)."
- "State resources should not be diverted or misused for campaign purposes. All state resources used for campaign purposes, such as media, buildings and event venues, must be made available to all electoral contestants on the basis of equal treatment, and disclosed or reported accordingly. "
- "It is important that legislation does not unduly prohibit spending and political expression before the official start of the campaign, since the free exchange of ideas, especially political ideas, should always be allowed. However, it is possible to set certain specific limitations, provided that these are reasonable and proportionate to the objective of a fair electoral campaign. This may include prohibitions on leafleting or direct calls to voters that ask them to vote for a specific party before a given date."
- "To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited."
- "There is an increased understanding in states’ national legislation that any form of gifts to voters, beyond low-value campaign materials, can be considered vote buying."
- "Regulations may limit the overall monetary contribution an individual or a legal entity may make to a candidate/party (quantitative restrictions). Additionally, regulations may prohibit contributions from certain sources, such as foreign persons or organizations, legal entities, state bodies or public enterprises, or anonymous donations (qualitative restrictions)."
- "State resources should not be diverted or misused for campaign purposes. All state resources used for campaign purposes, such as media, buildings and event venues, must be made available to all electoral contestants on the basis of equal treatment, and disclosed or reported accordingly. "
- "It is important that legislation does not unduly prohibit spending and political expression before the official start of the campaign, since the free exchange of ideas, especially political ideas, should always be allowed. However, it is possible to set certain specific limitations, provided that these are reasonable and proportionate to the objective of a fair electoral campaign. This may include prohibitions on leafleting or direct calls to voters that ask them to vote for a specific party before a given date."
- "Third parties should be free to fundraise and express views on political issues as a means of free expression, and their activity should not be unconditionally prohibited. However, it is important that some form of regulation be extended to third parties that are involved in the campaign, to ensure transparency and accountability."
- "They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.4) a clear separation between the State and political parties; in particular, political parties will not be merged with the State."
- "The legal framework must establish effective mechanisms to prevent public officials from taking unfair advantage of their positions in order to influence the outcome of elections. Provisions regarding permissible uses of state resources should clearly apply to both incumbent and opposition political forces, and should not favor or discriminate against any party or candidate."
- "The fact that incumbents and elected representatives, in particular, have access to and control over public sector staff, finances, allocations and public facilities, is crucial during electoral campaigns, because it may confer an advantage over the competitors in elections. Administrative resources can also be used to acquire prestige or public awareness, to enhance the perception of incumbents, elected representatives and candidates by the public, which may lead to political endorsement or other forms of support."
- "The regulation of misuse of administrative resources in the domestic legal framework can be explicit or implicit. On the one hand, laws can explicitly provide for a general prohibition of the misuse of administrative resources. (…) Also, implicit provisions aiming at countering instances of misuse of administrative resources can be included in domestic legislation, such as through the establishment of guarantees (e.g. requiring a level playing field for all candidates; or by generally sanctioning breaches of official duties by electoral commissions) which are relevant safeguards against any abuse. Of course, explicit and implicit regulation may occur cumulatively."
- "Independent monitoring and audit institutions to detect instances of misuse ex officio are of further relevance, especially in the field of campaign and political party financing and media access."
- "The legal framework should provide for a general prohibition of the misuse of administrative resources during electoral processes. The prohibition has to be established in a clear and predictable manner. "
- "The possibility to bring complaints about the misuse of administrative resources to an independent and impartial tribunal – or equivalent judicial body – or to apply to an authorised law-enforcement body should be central in ensuring the appropriate use and to prevent the misuse of administrative resources during electoral processes."
- "In order to ensure neutrality of the civil service during electoral processes and consequently to avoid any risk of conflict of interest, the legal framework should provide for a clear separation between the exercise of politically sensitive public positions, in particular senior management positions, and candidacy. In this respect, the legal framework should provide for a range of adequate and proportionate rules. Such rules may include a clear instruction on how and when campaigning in a personal capacity may be conducted, suspension from office or resignation of certain public authorities running for elections."
- "The legal framework should provide for equitable access for all political parties and candidates to administrative resources during electoral processes, to public funding of political parties and campaigns, and to publicly-owned media. This also applies to public buildings and facilities used for campaigning. "
- "The ordinary work of government must continue during an election period. However, in order to prevent the misuse of administrative resources to imbalance the level playing field during electoral competitions, the legal framework should state that no major announcements linked to or aimed at creating a favourable perception towards a given party or candidate should occur during campaigns. This does not include announcements that are necessary due to unforeseen circumstances, such as economic and/or political developments in the country or in the region, e.g. following a natural disaster or emergencies of any kind that demand immediate and urgent action that cannot be delayed."
- "The legal framework should stipulate that there should be no non-essential appointments to public bodies during the electoral campaign."
- "The legal framework should establish clear, predictable and proportionate sanctions for infringements of the prohibition of the misuse of administrative resources, from administrative fines to the ultimate consequence of cancelling election results where irregularities may have affected the outcome. Civil servants who misuse administrative resources during electoral processes should be subject to sanction, including criminal and disciplinary sanctions, up to the dismissal from office."
- "Against this background, the responsibility of social media platforms within the framework of current political / campaign finance regimes to ensure transparency and accountability of ad placement, expenditure and attribution in order to better inform citizens of the context in which electoral choices are being made, gains critical importance."
- "Two essential elements of the internet are its instantaneity and its interactivity, which significantly affect the time frame established for the realisation of the electoral campaign. It would be interesting to reconsider the concept of soliciting votes, a process which is divided between periods of pre-campaign (or permanent campaign) and campaign. Similarly, the expediency of distinguishing between financing of campaigns and financing of political parties appears questionable."