A fair and equitable candidate registration process that guarantees equal treatment for all candidates is vital to election integrity. The registration process has to be transparent; the electoral calendar must allow enough time for candidates to prepare their applications, and for electoral administrators to review the applications and notify candidates of their decision.
As with Political Party Registration, to maintain integrity it is necessary to set reasonable eligibility requirements, review applications in a fair and transparent manner, give timely notice of acceptance or rejection, and offer information about the right to appeal if applicable.
Eligibility Requirements
The basic eligibility requirements for candidates in an election are usually set out in a country’s constitution or other legislation. They may include citizenship, age and residence criteria. To these may be added specific requirements, such as the deadline for filing an application, the support of a set number of registered voters, or payment of a deposit. For integrity purposes, the requirements must be reasonable and made public, and must not exclude any particular group or individual without good reason. During Indonesia’s 2004 presidential election, electoral legislation set educational requirements. This restriction was discriminatory, particularly against women, and was harshly criticized by international observers. [1]
One of the basic requirements for a free, fair and credible election is that it be competitive. Candidate requirements may affect the number of candidates. In general, the fewer requirements there are, the more candidates there will be. What is the right number of candidates? Too few will limit choice but too many will confuse voters. In India, for example, it was far too easy for candidates to stand for election and this situation confused the electorate. Certain measures were taken to reduce the number of candidates, such as increasing the amount of the deposit and the number of signatures required.
Reviewing and Rejecting Applications
The electoral management body checks candidates’ eligibility against recognized eligibility criteria. Establishing review procedures and standards can ensure consistency in the review process. Rejections are given in writing. The reasons must be clearly stated, providing the information required to ensure transparency. The necessary information must also be offered to candidates who wish to contest the rejection of their application; in other words, the appeals procedures should be explained in the rejection letter.
In Ireland, the process is as follows: “The returning officer, accompanied by a judicial assessor, who is either the President of the High Court or another judge of the Court nominated by the President of the Court, rules on the validity of the nominations received. Every prospective candidate or his/her representative must attend the ruling on nominations, and must furnish all relevant information required by the presidential returning officer or the judicial assessor.” [2]
Decisions to reject candidates who did not fill out the form properly or did not meet the basic requirements are usually straightforward, provided the rules are applied consistently to all candidates.
Right to Appeal
Candidates are protected against arbitrary rejection if they can appeal the decision and be heard. The appeals mechanism varies according to the system. In South Africa appeals are heard by the Commission to the Electoral Court, on dates set in the electoral calendar. The appeals process must be expeditious enough so that a candidate rejected by error still has an opportunity to run in the election.
Right to Withdraw
For candidates who wish to withdraw from the race, electoral administrators need to establish procedures allowing them to do so within a reasonable time frame. Since ballots must be printed early enough to be distributed nationwide before election day, a candidate who withdraws late may find that his or her name remains on the ballot. In many systems the deadline for withdrawal coincides with the date for final approval of ballots.
Specifying the applicable rules and deadlines in electoral law or procedures will help avoid integrity problems connected with a candidate’s withdrawal after the ballots are printed. The rules define how a candidate can refuse to accept public office after winning an election, and how to select a replacement for such a candidate.
NOTES
[1] Carter Center, The Carter Center 2004 Indonesia Election Report, June 2005.
[2] Department of the Environment, Heritage and Local Government, Ireland, “How the President is Elected.”
