The following principles guide legislation and practices regarding political parties and candidates. The first three derive directly from basic civil and political rights, while the other seven relate to what is needed in practice for a political system to function democratically.
Freedom of organisation
In this context, the freedom of organisation refers to the freedom to form and join political parties and other political organisations. It also refers to the legal rights of such parties and organisations to, for example, have their name and logo protected, to be legally registered and recognized by the government, and be treated fairly regardless of political conviction, ethnicity, language, religion or gender of its members.
Freedom to stand for election
The freedom to stand for election refers to an individual’s ability to stand for election and to be duly elected to office. This may be either as an independent candidate or as a candidate of a political party or other organisation. Principles to take into consideration when restricting individuals’ freedom to stand for election include non-discrimination, relevance, reason, and objectivity. It is critical to ensure that the restrictions on and process of nomination are clearly stated in the electoral law.
Freedom of speech and assembly
Freedom of speech and assembly refers to the right of citizens to express their opinions freely, individually or with others. It also refers to the ability for political parties and candidates to hold meetings and rallies and to freely and openly conduct public election campaigns. If restrictions are imposed, they tend to address issues of protection from, for example, hate speech or incitement of hatred and violence.
Fair and peaceful competition
For the electoral competition to be fair and peaceful, political parties, candidates, and other electoral actors need to agree on the rules of the game. Such rules may include refraining from practices of hate speech, electoral violence, and defamation. This agreement can be informal, through a voluntary Code of Conduct, and/or supported through a legal framework with enforceable sanctions and is usually contained with the Electoral Code[1]
Plurality
In order for voters to have a real and meaningful choice on election day, the political and legal system of a given country usually considers establishing and maintaining a multi-party electoral system. This system usually includes provision for independent candidates to stand for election – in order for voters to have a choice among several political parties and/or independent candidates.
Inclusion in the electoral process
In all aspects of an election – changes to electoral laws, election administration, codes of conduct, etc – countries need to decide what kind of involvement they want from political parties, candidates, voters, and other key stakeholders. The involvement can take different forms ranging from being informed to being consulted, part of decision-making, or free to observe voting, vote counting, and collation of results. In some countries, this may include active participation of political parties in the election cycle prior to Election Day when the Central Election Commission (CEC) or other electoral governing body is deliberating and determining the content and character of the electoral code.[2]
Level playing field
Political, cultural, legal, and financial realities might lead to a situation where some political parties or candidates have (or are perceived to have) an unfair advantage over others. Equal access to media legislation can help to ensure that all candidates (and their respective parties) receive air time and press access. . Additional measures such as party registration, freedom of assembly, ability to promote party platform in the media, and quotas to enhance the participation of under-represented groups may also be applied.[3]
Media access and reporting
The media are a key channel for voters, political parties, candidates, and other stakeholders to receive information related to an election. Legal frameworks should protect media freedom to report and scrutinize the workings of political parties and other actors in the electoral process, and should also address ways to ensure that parties and candidates receive an equitable access to and coverage in publicly owned media.
Transparent and accountable political finance
Money is a key element in modern political campaigning, and legal frameworks and administrative practices often regulate party and campaign finance. Regulations may cover possible access to public funds, restrictions on (mis-)use of public resources (by the incumbent party or candidate), provisions for the finances of political parties and candidates to be transparent, or prohibitions on certain sources of funds.
Internal party democracy
If a political party would like the democratic principles of electoral politics to be applied within the party, it 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 its functioning at all levels. Party members may also take on more formal roles in the decision-making like participating in internal elections for leadership positions or in selecting the party’s candidate(s) for the upcoming elections. Many parties also work actively to enhance the role of traditionally under-represented groups in their parties.[4]
Interpretations of these principles may differ. For example, “equitable treatment” in publicly owned media may for some mean an equal allocation of broadcasting time to all parties and candidates, while others would say that it would be more fair to give new parties more media time on the grounds that they need more time to convey their message to the public than established parties. Other still would say that the party that received the most votes in the last election has earned the right to a bigger share of the broadcast time because it has proven that it represents the views of the largest share of the electorate.
Contradictions between different principles also occur. Take for example societies with a history of severe inter-communal violence, where laws are sometimes passed to discourage or even prohibit political parties that are based on ethnicity or religion. It may be very difficult to draw the line between safeguarding the principle of “fair and peaceful competition” and violating the principles of “freedom of organisation” and “freedom to stand for election”.
