Summary
The legal framework should provide for a general prohibition of abuse of public resources and of official position, clearly stipulating permissible and prohibited practices.
Obligations
Election Parts
Quotes
- To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited.
- To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited.
- 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 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.
- 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 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.
- To allow for the effective regulation of the use of state resources, legislation should clearly define what is considered an abuse.
- The use of public resources by the authorities for campaigning purposes must be prohibited. Political parties and their representatives, including those who are elected representatives or hold a public office, are entitled to take actively part in the campaign. Particular duties of reserve may apply to the persons belonging to the public authority responsible for the organisation or supervision of the referendum.
- The use of public resources for the performance of parliamentary duties may be limited or suspended in proximity to elections to minimize the structural advantages of incumbency and the appearance of a self-protecting cartel of parties in parliament.