Laws and Regulation that concern Political Parties
This section deals with laws and regulations that concern parties and candidates as key stakeholders in a political system, such as registration requirements for political parties as organisations, and roles and functions that are attributed to political parties in the political system by constitution or party law.
The financial laws and regulations concerning political parties, as well as legislated quotas, will be discussed in separate sections.
Roles and Definition of Political Parties
A political party is defined as an organised group of people with at least roughly similar political aims and opinions, that seeks to influence public policy by getting its candidates elected to public office.
Parties tend to be deeply and durably entrenched in specific substructures of the specific society in a sustainable and well functioning democracy. They can link the governmental institutions to the elements of the civil society in a free and fair society and are regarded as necessary for any modern democratic system.
Political parties perform key tasks in a democratic society, such as
- aggregating and articulating needs and problems as identified by members and supporters
- socialising and educating voters and citizens in the functioning of the political and electoral system and the generation of general political values
- balancing opposing demands and converting them into general policies
- Activating and mobilising citizens into participating in political decisions and transforming their opinions into viable policy options
- Channelling public opinion from citizens to government
- Recruiting and training candidates for public office
Political parties are often described as institutionalized mediators between civil society and those who decide and implement decisions. By this, they enable their members’ and supporters’ demands to be represented in parliament and in government. Even though parties fulfil many vital roles and perform several functions in a democratic society, the nomination and presentation of candidates in the electoral campaign is the most visible function to the electorate.
To perform the above mentioned tasks and functions, political parties and citizens need some rights and obligations guaranteed or ruled by constitution or law. These include
- Freedom of organisation
- Freedom to stand for election
- Freedom of speech and assembly
- Provision of a fair and peaceful competition
- Mechanisms of plurality
- Inclusion in the electoral process and contacts with the EMB
- A level playing field and freedom from discrimination
- Media access and fair reporting
- Transparent and accountable political finance
The internal functioning of individual political parties is to some extent determined by forces that are external to political parties, such as the electoral system, political culture, legal regulations, etc. However, internal processes of political parties, such as the personality of leaders and staff, the ideological foundations, party history, and internal political culture are considered to be even more influential on the internal functioning. If a political party would like the democratic principles of electoral politics to be applied within the party, they may consider practices like internal information and consultation processes, internal (formal or informal) rules and structures for the organisation and decision-making within the party, and transparency in the party’s functioning at all levels. Party members may also take on more formal roles in decision-making like participating in internal elections for leadership positions or in selecting the party’s candidate(s) in the upcoming elections. Many parties also work actively to enhance the role of traditionally under-represented groups in their parties.
Registration of Political Parties as Organisations
Registration of political parties generally refers to the registration as organisations, though it can also be used to denote a separate process of registering to present candidates for election, which is usually a part of the process of candidate nomination. Even if the procedural requirements for gaining access to the ballot are the same as for the initial registration of parties, the legal framework has the possibility of clearly differentiating between the two.
While the registration of political parties as associations gives them a legal status, protects their name and logos, and conveys their intention to function as a voluntary organisation, the registration to gain ballot access confirms their intention to contest a specific election. The legal framework could be structured in a way as to make it easier, or sometimes even automatic, for registered parties to gain access to the ballot.
The guiding principle for the registration of political parties is the “freedom of organisation”, which concerns the freedom to form and join political parties and other political organisations. The principle deals with the legal rights of such political parties or organisations, such as the protection of their name and logo, and protection from discrimination based on political conviction or the ethnicity, language, and religion of its members.
It is good practise to ensure that the legal framework clearly specifies when, how, and where registration procedures must be undertaken, what the requirements for registration are, and how the verification of registration will take place. The legal framework should provide for uniformity in the registration process so that the same registration process applies to all political parties at all levels. To ensure fairness, the grounds for rejection of a registration application have to be based on objective criteria and have to be clearly stated in the legal framework for elections, along with the mechanism for appealing against such rejection. Correctly applied, this protects political parties against arbitrary discrimination.
In systems where registered political parties have access to public funds, broadcasting time on radio and television, free or discounted postal services, or other forms of public support, requirements are often stricter and demanding enough to discourage the registration of groups with little or no intention of trying to influence politics or contest elections. In countries without those kinds of benefits for registered political parties, registration can be a relatively simple process so as not to undermine the freedom of organisation.
Common requirements to register a political party
Countries can choose to have a minimalist approach with few requirements in order to encourage the registration of a large number of parties, or a maximalist approach with more demanding requirements to discourage parties that are not serious. The possible requirements can be grouped into five different categories:
Indication of a party name which does not resemble the names of already registered political parties, is not provocative or offensive against public decency, and does not incite violence or hatred. Further limitations on party names may be formulated, such as prohibitions on the use on individuals’ names as part of party names, etc.
Indication of a party symbol or logo which does not resemble the symbol of any already registered party or private company. In some countries, the use of religious or national symbols is also prohibited. Colours with a symbolic value such as the colour of the national flag are sometimes proscribed.
List of office-bearers or otherwise of party leadership, often with full addresses or other form of identification.
Provision of party statutes or constitution and often a protocol that states that the statutes have been approved by an executive board of the party. In many countries, the party statutes have to clearly state that the party adheres to the rules of the democratic process.
- Popular Support or Adherence
List of a certain number of registered members or/and supporters of the party, usually with signatures and addresses or other identifying information such as voter registration number. The more maximalist the approach, the higher the number of registered members required.
Proof of geographical presence, often in the form of membership or supporting signatures from a certain number of regions or districts.
Payment of registration fees ranging from smaller administrative frees to more substantial sums.
Payment of monetary deposits that may or may not be returned to the political party on the basis of election results. This exists especially in cases where political parties need to register separately for each election they wish to contest.
Clear procedure and timetable
Deciding that a political party or candidate cannot contest an election will arouse anger and resentment – both from the affected party or candidate and from their followers and potential voters. In order to avoid such problems as much as possible, the conditions and timing for registration and nomination can be communicated in detail well before the election, and the EMB can maintain close contact with the parties and candidates seeking acceptance.
A well communicated and thought through timetable is of great help. The EMB or other responsible agencies need time to scrutinize the registration, verify signatures of party supporters and members, perhaps exhibit the registration papers for review by other interested individuals or parties, and give parties the chance to appeal if they feel that their registration has been unduly denied. Therefore, political parties are often required to register and to nominate candidates well in time before an election, since after the scrutinizing procedure, the EMB still needs time to print the ballot papers and distribute them to the polling stations.
In some countries, a formal application from a number of party members starts the process. Once that application has been approved, party representatives have a set number of weeks or months to present their signatures, statutes, and other proofs that they meet the requirements. A formal decision by the responsible authority finally determines the legal status of the party.
