A fundamental characteristic of the electoral legal framework is how it regulates the activities of
political parties and candidates.
Political Parties can participate either on their own or associated with
others. Sometimes candidates contest elections as “independent”, that is,
without party affiliation. Some countries authorize the existence
of other political organizations including associations of individuals to
participate in the election either on their own or in partnership with traditional
political parties (as happens in Mexico). However, for a democracy based on the
existence of political parties, the role played by parties and their relations
with other organizations are fundamental.
The regulation of the activities of political parties and candidates within
an electoral process, especially in respect to the selection of candidates and
electoral campaigns, is fundamental. To begin, electoral laws must establish
who is authorized to run, under which conditions and how authorization is established.
Usually, such topics are regulated by the Constitution (the fundamental right
to vote is involved). However, in some countries the fundamental
rules are established by law. The important thing, however, is to
highlight that every aspect of political organizations and political parties has
to be addressed. Such a regulation has to be detailed in order to include
the funding regime, the rights and privileges of members, the relations between
the organizations and the candidates, and electoral participation, among other
things.
