Summary
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.
Obligations
Election Parts
Quotes
- The general rules on the funding of political parties and electoral campaigns must be applied to both public and private 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.
- If the law provides for state support for campaign expenditure, parties should receive their funding in good time to allow them to conduct a viable campaign. It should also be checked whether parties from or close to the government have received extra support by virtue of their control of ministries.
- 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.
- "FAIR" [is] an electoral process where the playing field is reasonably level and accessible to all electors, parties and candidates, and includes: … equitable access to financial and material resources for party and candidate campaigning.
- 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.
- State authorities must observe their duty of neutrality. In particular, this concerns: iv. funding of parties and candidates.
- 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.
- Where the government may provide funds for campaigning, this should be done on a fair and equitable basis.
- Those countries that are not yet funding contesting political parties should introduce the necessary legislation to do so in order to foster uniformity and leveling the playing field.
- 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.
- Campaign finance rules should ensure equality of opportunity for parties and candidates alike. Special measures may be incorporated to encourage more balanced participation of underrepresented groups, such as women, national minorities or persons with disabilities.
- When used, direct public campaign financing of political parties and, in some cases, candidates should be provided equitably and based on objective criteria.
- It is in the interest of political pluralism to condition the provision of direct public financing on attaining a lower threshold of support than the electoral threshold for the allocation of mandates in parliament.
- 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.
- Campaign finance rules should ensure equality of opportunity for parties and candidates alike. Special measures may be incorporated to encourage more balanced participation of underrepresented groups, such as women, national minorities or persons with disabilities.
- When used, direct public campaign financing of political parties and, in some cases, candidates should be provided equitably and based on objective criteria.
- It is in the interest of political pluralism to condition the provision of direct public financing on attaining a lower threshold of support than the electoral threshold for the allocation of mandates in parliament.
- 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.
- The Special Rapporteur calls upon States in times of elections: (…) (e) To ensure that an enabling framework is provided for political parties to be formed — regardless of their political ideology — and to enjoy the level playing field, in particular in relation to their ability to access funding, and to exercise their rights to freedom of expression, including through peaceful demonstrations and access to the media.
- To ensure a transparent and fair financing system, and to avoid the possibility of circumventing relevant rules, both routine party funding and campaign finance must be addressed in legislation relevant to political parties and electoral campaigns in the same manner.