Summary
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.
Obligations
Issues
Criteria
- Every citizen had the right to be elected, subject only to reasonable restrictions
- The vote-counting process was transparent and observable
- Candidates and their representatives were able to observe polling and counting as means of protecting their right to be elected
- Vote counting and tabulation processes protected the right to be elected
Quotes
- If a candidate is required to have a minimum number of supporters for nomination this requirement should be reasonable and not act as a barrier to candidacy.
- The electoral law should establish the procedure for the verification of signatures collected in support of candidates.
- A provision requiring would-be registered parties to obtain a certain number of signatures (between one and five hundred) as a pre-condition to acceptance was upheld as reasonable.
- Discriminatory criteria such as education, residence, decent or political affiliation, are not acceptable, likewise to require an unreasonable number of signatures for registration.
- The legal framework should clearly set forth all details on this issue for a particular election. This includes the dates for commencement and closure of registration, during what time period and how signatures are to be collected where registration is to be established by signatures, and the process of verification of registration. Where the legal framework provides for the collection of signatures, it should provide for a reasonable amount of time for collection of the signatures. The legal framework should provide for uniformity in the registration process so that the same process applies to all candidates at all levels.
- Where the legal framework provides for the collection of signatures, it should provide for a reasonable amount of time for collection of signatures.
- The presentation of individual candidates or lists of candidates may be made conditional on the collection of a minimum number of signatures; ii. The law should not require collection of the signatures of more than 1% of voters in the constituency concerned; iii. Checking of signatures must be governed by clear rules, particularly concerning deadlines; iv. The checking process must in principle cover all signatures; however, once it has been established beyond doubt that the requisite number of signatures has been collected, the remaining signatures need not be checked; v. Validation of signatures must be completed by the start of the election campaign
- Reasonable restrictions on persons wishing to become candidates may include a residency requirement in the country for a certain period of time, minimum support among voters, or the fact of having reached a higher age than the minimum voting age.
- Having collected a minimum number of validated signatures of registered voters. Special attention should be given to the manner of validating signatures. An invalid signature should merely be what it is—an invalid signature. It should not invalidate other signatures or the signature list.
- Some countries require the fulfilment of some additional conditions for applications to be presented. In particular, they may consist of a number of signatures.
- The threshold level of support (such as demonstrated through the submission of petitions signed by voters) should also be reasonable (in terms of the number of signatures required, the time allowed for collection, and other procedural requirements). The process of verifying the authenticity of signatures supporting a candidacy must be reasonable and applied in a nondiscriminatory manner.