Registration for Election and Nomination of Candidates

The registration for election (registration to gain ballot access) confirms a political party’s or candidate’s intention to contest a specific election and is often linked to the process of nominating candidates. The registration of a political party as an organisation or association is sometimes different from the registration to gain ballot access.

Even if the registration of political parties as organisations is different from the registration of parties to gain ballot access, the legal framework could be structured in a way as to make it easier, or sometimes even automatic, for registered parties gain access to the ballot.

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 and candidates 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 avenues of appeal against such rejection. Correctly applied, this would protect political parties against arbitrary discrimination. In order to make sure that the registration procedure, including possible appeals, is finalized well in time for the EMB to print and distribute ballot papers, it is advisable to have a clear and transparent schedule with deadlines by which appeals have to be submitted, etc.

Criteria for registration

The criteria for registering a political party or candidate for election are often the same or similar as for registering a political party as an organisation, see Registration of political parties, such as proof of popular support or adherence, proof of geographical presence, often in the form supporting signatures from a certain number of regions or districts, and proof of economic viability.

Nomination of candidates

The nomination of candidates (to gain ballot access) is the formal procedure by which political parties and/or individuals put candidates forward for election, and the acceptance of the EMB of that nomination. In list systems, parties put forward a list of candidates selected within the political party. In constituency systems, candidates are nominated individually (not as part of party lists). Depending on the country, they can be nominated either by a political party or by an individual.

Legal frameworks can place requirements on the composition of party lists. In some cases, there are requirements aimed at increasing the representativity of the list by, for example, asking or requiring the party to have a certain number of women (or members of other traditionally under-represented groups) on its list. In some cases, not only the number but the placement on the list is specified.

Criteria to stand as a candidate

To read more about what is required of candidates to gain ballot access, see the file about criteria to stand as a candidate.

Registration Requirements of Candidates for Election

The registration of candidates for election (registration to gain ballot access) confirms a candidate’s intention to contest a specific election and is often linked to the process of nominating candidates.

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. 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 avenues of appeal against such rejection. Correctly applied, this would protect candidates against arbitrary discrimination. In order to make sure that the registration procedure, including possible appeals, is finalized well in time for the EMB to print and distribute ballot papers, it is advisable to have a clear and transparent schedule with deadlines by which appeals have to be submitted, etc.

Criteria for registration

The criteria for registering as a candidate for election are often the same or similar as for registering a political party as an organisation.

Requirements may include:

• List of signatures in support of the candidate registration. If full addresses or other forms of information that can be used as identification (voter registration number, social security number, address, profession, workplace) are required, this makes it easier for the authorities to verify that the signatures are real.
• Proof of geographical presence, often in the form of supporting signatures from a certain number of regions or districts.
• Economic Viability through payment of registration fees ranging from smaller administrative fees to more substantial sums; or through payment of monetary deposits that may or may not be returned to the political party or candidate on the basis of election results.

In addition to these legal requirements for registration, candidates must also fulfil a number of qualifications to stand as a candidate.

Clear procedure and timetable

Deciding that a political party or candidate cannot contest an election is sensitive and will arouse anger and resentment – both from the affected party or candidate and from their followers and potential voters. In order to – as much as possible – avoid such problems, the conditions and timing for registration and nomination should be communicated in detail well before the election, and the EMB should maintain close contact with the parties and candidates seeking acceptance.

A well communicated and thought-through timetable is of great help. The Electoral Management Body or other responsible agencies need time to scrutinize the registration, for example, verifying signatures of party supporters – and to 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 candidates be nominated well in time before the election. After the scrutinizing procedure, the EMB still needs time to print the ballot papers and distribute them to the polling stations.

Nomination of candidates

The nomination of candidates (to gain ballot access) is the formal procedure by which political parties and/or individuals put candidates forward for election, and the acceptance of the EMB of that nomination. In list systems, parties put forward a list of candidates selected within the political party.

In constituency systems, candidates are nominated individually (not as part of party lists). Depending on the country, they can be nominated either by a political party or by an individual.

Legal frameworks can place requirements on the composition of party lists. Sometimes, requirements aimed at increasing the representativity of the list by, for example, requiring the party to have a certain number of women (or other traditionally under-represented groups) are placed on the list. In some cases, not only the number but the placement on the list is specified.

Monetary Deposits for Ballot Access

It is good practice for a democratic political system to try to encourage the citizens to put themselves forward as candidates for election to public office. To make sure that only citizens with serious intentions try to gain a seat in parliament in the elections some democracies place financial deposits on the access to the ballot.

This is not only done to keep away irresponsible candidates from the ballot but also to alleviate the number of candidates who want to stand for election. Voters need some kind of a limitation of the number of candidates to select between.

One can distinguish between payment of a fee and a monetary deposit that is returned to the candidate after the elections if she/he has gained a certain amount of votes.

The monetary deposit system is applied in different ways in different electoral systems (Katz 1997: 255).

The deposits are usually higher in candidate-oriented Majority/Plurality systems than in more party-oriented Proportional Representation Systems. The Majority/Plurality electoral system tends to encourage the two major parties and hence discourage third parties and independent candidates. It is therefore said to be easier for frivolous candidates to gain votes and a seat in parliament in Plurality/Majority systems.

It is still unclear if there is a correlation between financial deposits for candidates and the number of candidates that are actually included in the ballot. One would assume in the first instance that the higher the deposit, the lower would the number of candidates be. Not all parties are as much affected by financial deposits as others. Minor parties who nominate candidates only in a few constituencies where the candidate has good hope to win the run are said to be less affected by those financial restrictions.

The example of the UK, where the financial deposit was raised by law in 1985 and the threshold of necessary vote shares to return the deposit likewise lowered, indicates that the effect of raising the deposits and lowering the threshold is rather marginal for major parties but can be significant for independent candidates (Katz 1997: 260). Although it seems very difficult to separate the effect of the lower threshold from the higher deposit. Richard Katz interprets the data as follows: the higher the deposit the lower the number of candidates of subminor parties and independents, the higher the threshold the more costs of competition for smaller and middle size parties that are placing their candidates on the ballot no matter how high the deposit will be (ibid).

Other effects of deposits, like societal implications – ie. who has wealth in society has more possibilities to stand as a candidate – or gender implications have not been explored in detail yet. But one can assume that the richer a candidate is the less deterred will he or she be by higher deposits. Serious but poor candidates may not want to contest an election because they cannot afford to potentially loose the fees (Maley 2000).

Higher deposits may also lead to a lower representation of women in parliament because they are usually faced by more financial drawbacks than man in political systems all over the world. But again, there is no clear evidence for that correlation/connection.

To avoid the deterring effects on those candidates and to discourage frivolous but rich candidates, alternative ways of requirements can be introduced, as for instance the stipulation of a specific number of nominators for one candidate.(ibid). This may however lead to discrimination as well if the required number of nominators is excessively high and only achievable for well equipped parties and candidates.

In the table (see the dynamic sidebar at the right hand side) "Table of Financial Requirements for Parliamentary Ballot Access" adapted from Katz (1997) and supplemented with other data you find a compilation of ballot access deposits in a number of countries.The inflation rate in a country is influencing the significance of the amount of the deposit.

Criteria to stand as a candidate

In addition to the qualifications that each political party may expect of the persons that will be their candidates, the legal framework can place qualification requirements on individual candidates.

The basic legal qualifications to stand as a candidate are those that apply to voters: citizenship, being of age, and in full possession of civil and political rights. If any other requirements are imposed, it is good practice to ensure that they are rational, reasonable, and objective. In order to avoid the nomination procedure being used in a discriminatory way, countries should make sure that it is clearly stated in the law what the qualifications are.

Legal qualifications to become a candidate can aim at any of the following:

• Support from a strong network or organisation by requiring candidates to be endorsed by a political party. (Such a requirement would make it impossible for an independent candidate to stand for election).
• A certain level of maturity by requiring a higher age than that required to vote. It is common for the minimum age to vary according to the importance of the office – the more important the office, the higher the minimum age for candidacy.
• Neutrality or commitment to the country by requiring the candidate to be a “natural born citizen”, not be a citizen of any other country, and/or having resided in the country (or in some countries, the relevant constituency for local or legislative elections) for a certain period before the election. Candidates may be disqualified if they have been convicted of treason or treachery. In some cases, a proof of commitment could also include having completed the military service (especially for men) and/or being a registered voter. (In countries with compulsory voting, the person may be required to have voted in the last elections.)
• Personal competence by requiring a certain level of education, that the candidate has a working level of the official language(s), and that the person is physically and (more commonly) mentally sound.
• Precluding conflicts of interest by stipulating that candidates may not hold a position in a company that is a government contractor.
• Moral aptitude by disqualifying persons that have been convicted of certain categories of crime such as crimes related to the election process, or corruption, or persons who are bankrupt.
• Ability to assume office by disqualifying persons who are under current criminal incarceration (though generally not simply under arrest prior to trial).
• Allegiance to certain societal norms like democracy, support for peaceful ethnic co-existence, non-violent competition, etc.

Any qualification, especially those based on criteria of competence, moral aptitude, and allegiance to societal norms, can be used in a discriminatory manner. If opposition politicians are subject to quasi-legal persecution, court cases could be used to stop them from contesting an election. In other cases, the requirements may not have the desired effect. Where a certain level of education is required, that often discriminates against women who have not had the same access to formal education as their male counterparts.

In general, the imposition of too many requirements always carrys with it the risk of creating legislatures or other elected bodies that are dominated by an unrepresentative elite.