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 carries with it the risk of creating legislatures or other elected bodies that are dominated by an unrepresentative elite.
