The election laws need to be amended to provide enforcement powers to the CNE. These would not include the power to deal with criminal offences, which can only be dealt with by the judicial system. CNE’s powers could include issuing administrative sanctions, such as are held by election authorities around the world. Alternatively, these powers could be held by a separate independent election complaints commission. Examples of the types of powers that the CNE could have include:
- To view and to obtain copies of any documents or material held electronically by STAE or by any other government body concerned with administering the elections;
- To seek court orders requiring any organisation to comply with its legal obligations in relation to the elections;
- To issue administrative fines to candidates, parties, media outlets;
- To suspend from campaigning or from broadcasting for a certain period those candidates, parties or coalitions who violate the electoral laws and regulations;
- To remove candidates from who commit serious violations of the laws; full procedurals guaranties and right to appeal must be given to all candidates, the law must clearly stipulate each of the siuations when this removal will be legally possible (this is a controversial power, as it can damage the election authority’s perceived impartiality; it may be preferable for another body, such as the courts, or an independent election complaints commission, to have this power);
- To revoke the accreditation of an observer or party agent who violates the laws;
- To recommend or order the disciplining of electoral staff who commit irregularities. Another option would be for the CNE to publicise more widely the letters that it writes to violators (cartas de repreensão or avisos), so that the public and the media become aware, and this would help to apply moral pressure.