Summary
The formula for the distribution of state support to to candidates and political parties should be objective, fair, and reasonable.
Obligations
Election Parts
Quotes
- Objective, fair and reasonable criteria should be applied regarding the distribution of state support.
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) B. For the holding of free, fair and transparent elections (...) 11. To take the necessary steps to move towards national financing of elections with public funds.
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) B. For the holding of free, fair and transparent elections (...) 11. To take the necessary steps to move towards national financing of elections with public funds.
- State financial contributions should, on the one hand, be calculated in ratio to the political support which the parties enjoy, evaluated on objective criteria such as the number of votes cast or the number of parliamentary seats won, and on the other hand enable new parties to enter the political arena and to compete under fair conditions with the more well-established parties.
- The rationale for public funding of political parties and election expenses is usually linked to the desirability of establishing, as far as possible, a ‘level playing field.’
- The State should participate in campaign expenses through funding equal to a certain percentage of the above ceiling or proportional to the number of votes obtained. This contribution may however be refused to parties who do not reach a certain threshold of votes.
- Where a policy decision is taken to financially support political parties with taxpayers’ money, which is necessitated by the poor resource background of most political parties, an agreed upon formula must be used and adhered to in allocating funds to the contesting parties. A commonly used formula is according to the number of seats each party holds in Parliament.
- Regulations should specify equal access to state resources and prevent arbitrary administrative action which limits campaigning opportunities.
- Clearly, a free and fair election is less likely if the government denies financial resources to its opponents, while using all the resources at its disposal to put the opposition at a disadvantage. Equally, in theory at least, unlimited expenditure by any party can result in a distorted electoral process. The art is to find that balance which best accommodates the objective of allowing each party a reasonable opportunity to put across its message; this may well entail a combination of public funding with election expenditure controls.
- It should be remembered that in the field of public funding of parties or campaigns the principle of equality of opportunity applies (“strict” or “proportional” equality).All parties represented in parliament must in all cases qualify for public funding. However, in order to ensure equality of opportunity for all the different political forces, public funding might also be extended to political formations that represent a large section of the electorate and put up candidates for election. The funding of political parties from public funds must be accompanied by supervision of the parties’ accounts by specific public bodies (e.g. the Auditor General’s Department). States should encourage a policy of financial openness on the part of political parties receiving public funding.
- Regulations on campaign financing should not favour or discriminate against any party or candidate. There should be a clear separation between the state and political parties, and public resources should not be used unfairly for the benefit of one candidate or group of candidates.
- The level playing field metaphor is used to describe a process that protects equal treatment and fair opportunity. It is evaluated by considering, among other issues: (1) the degree to which competitors are afforded equitable access to…media access and news coverage.
- State support should be limited to reasonable contributions.
- The fairness of a campaign will be undermined where state resources are unreasonably used to favour the campaign of one candidate or political party. State resources – such as the use of public buildings for campaign events – should be available on an equitable basis to all contestants.
- Where state funds are provided for campaign purposes, they should be disbursed on a fair, equitable and timely basis.
- The electoral law should prohibit the Government to aid or to abet any party gaining unfair advantage.
- Equality of opportunity must be guaranteed for parties and candidates alike. This entails a neutral attitude by state authorities, in particular with regard to: iii. public funding of parties and campaigns.
- This does not mean that all political parties and candidates are to receive an equal amount of campaign funds. This only means that political parties and candidates should be provided public funding on the basis of equal treatment before the law.
- Objective, fair and reasonable criteria should be applied regarding the distribution of state support.
- The ideal requirements for political finance regulation in post-conflict societies listed below should be viewed as goals for the international community to achieve given the challenging constraints in which they are operating. There are three key requirements in the areas of legal framework, resources for political actors and institutions..2. Sufficient funding and other resources for electoral participants to effectively compete in elections and to remain committed to and confident in the fairness of the electoral process, including:...(2) non-monetary support (free media time, material, or use of office space or other facilities, transportation, etc.) distributed to electoral participants through eligibility standards that are fair to emerging political forces but do not encourage participation merely to receive such benefits.
- The levels of political support should be calculated on the basis of objective criteria. The criteria most frequently used are the number of votes cast for a party, the number of parliamentary seats obtained or a combination of the two.
- Basically there are two forms of funding of parties and candidates: public funding and private funding, with contributions sometimes coming from foreign sources. The legal framework may provide for electoral campaign financing on the basis of the following internationally recognized standards: That there should be a transparent system of disclosure of the funding received by any party or candidate; That there should be no discrimination with regard to access to public funds for any party or candidate; That public funding should be made available to parties on an equitable basis; That there should be a level playing field among the parties or candidates.
- Parties and their supporters shall be able to assemble freely and communicate the party views, and their opinions shall not be summarily blocked from receiving balanced media coverage, especially by state-run media.
- Depending on the subject matter, equality may be strict or proportional. If it is strict, political parties are treated on an equal footing irrespective of their current parliamentary strength or support among the electorate. If it is proportional, political parties must be treated according to the results achieved in the elections. Equality of opportunity applies in particular to radio and television air-time, public funds, and other forms of backing.
- The use of public assets and funds for political party purposes should be regulated in order to level the playing field for political competition.
- Public financing must be aimed at each party represented in Parliament. In order, however, to ensure the equality of opportunities for the different political forces, public financing could also be extended to political bodies representing a significant section of the electoral body and presenting candidates for election. The level of financing could be fixed by legislator on a periodic basis, according to objective criteria.