Summary
Effective implementation of electoral law requires sanctions against the infringement of electoral law.
Obligations
Election Parts
Issues
Criteria
Quotes
- Sanctions must be imposed in the case of breaches of duty of neutrality and voters' freedom to form an opinion.
- Sanctions must be imposed in the case of breaches of the duty of neutrality and of voters’ freedom to form an opinion.
- The right to a remedy for violation of human rights is itself a human right, while sanctions against those who infringe the provisions of the electoral law are implicitly required in any effective system of implementation.
- The national electoral law must also protect the political process from corruption, official misfeasance, obstruction, undue influence, personation, bribery, treating, intimidation and all other forms of illegal and corrupt practice. Prosecutions, procedures and penalties must respect international standards for human rights in the administration of justice.
- There should be sanctions against the violation of secret sufrage.
- Sanctions must be imposed in the case of breaches of the duty of neutrality.
- Violation of the secrecy of the ballot must be punished, just like violations of other aspects of voter freedom.
- The violation of secret suffrage should be sanctioned.
- There should also be a variety of sanctions available when political parties do not comply with legal measures aimed at ensuring gender equality. Sanctions may range from financial measures, such as the denial or reduction of public funding, to stronger measures, such as the removal of the party’s electoral list from the ballot.
- Financial sanctions should be proportionate and therefore severe enough to fulfil their purpose of inhibiting prohibited conduct. If they are merely symbolic, this may be read as an invitation to break the law, as the person committing the infraction may calculate that the benefits of violating a prohibition may be greater than the cost of the sanction.