Regulations regarding candidacy should be the same for independent and partisan actors.
- The effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation. No person should suffer discrimination or disadvantage of any kind because of that person's candidacy. States parties should indicate and explain the legislative provisions which exclude any group or category of persons from elective office.
- Respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treatment before the law and by the authorities.
- In this sense, it would not be reasonable to have different rules (deadlines, definition of irregularities, procedures, sanctions…) for partisan or non partisan actors, as they may exist for presenting partisan or non-partisan lists, for taking part in election management bodies, for having access to public media and for being able to benefit from public funding. For that reason, the final questions, especially those related to the procedures for complaining and lodging appeals (competent bodies and/or courts, legal framework, sanctions, etc.) possibly do not admit many differences depending on partisan organisation.