Some electoral systems use a code of conduct to regulate the conduct of political parties, candidates and their supporters during an election. These can be voluntary, nonbinding agreements that result from a consensus among the parties, or they can be part of the legislative and regulative framework that is binding and enforced.
Codes of conduct or behaviour should be adapted to the special circumstances of each electoral system. In the older democracies, where campaign financing is an issue, ethical codes include detailed instructions on what is, and what is not, allowed in campaign financing. In countries undergoing a transition, the focus of a code of conduct is usually aimed at renouncing the use of violence and agreeing to accept the election results.
Codes of conduct for political parties include the parties, their candidates and supporters. Some require the party to control the activities of their supporters and to be responsible for violations of the Code by its supporters.
Voluntary Code of Conduct
IDEA (the Institute for Democratic and Electoral Assistance) has developed a model Code of Conduct: Political Parties (IDEA) . This is a voluntary code based on negotiations between the parties. These negotiations establish the ground rules for campaign ethics and help build confidence in the conduct and outcome of the elections. IDEA believes that parties are more likely to act in good faith if they have to voluntarily commit themselves to comply to a code of conduct. Public exposure is the inducement for them to act with self-restraint and to abide by the code.
Mandatory Code of Conduct
Some electoral systems include a mandatory code of conduct that parties and candidates must abide by if they are competing in the elections. These codes can form part of the legislative or regulative framework and are enforced through the use of administrative and legal sanctions. A candidate could be disqualified from the race for breaking the code of conduct, as well as be the subject of legal action.
For integrity purposes, mandatory codes must be clearly written, with the obligations of the parties unambiguous, and the sanctions for breaking the code reasonable and detailed within the code.
An example of a code of conduct for political parties in a country undergoing a transition, is the 1995 South African Electoral Code of Conduct for Political Parties. This Code is automatically binding on any party, candidate and party representative that submits an application to contest the elections. The term 'representative' is broad and includes 'party agents, messengers, subscribers to the nomination of a candidate, persons on party lists for proportional representation, and supporters (including all party members or financial subscribers.' 233 And the party is held accountable for violations of the code by any of their representatives.
A summary of the South African Code of Conduct for Political Parties:
- Publically condemn violence and intimidation;
- Do not engage in violence or intimidation, or in language or action which might lead to violence or intimidation;
- Do not allow weapons to be carried or displayed at political meetings, marches, demonstrations, voting stations, etc;
- Do not publish or repeat false, defamatory or inflammatory allegations about political opponents;
- Cooperate with other political parties to avoid scheduling political activities at the same time and places;
- Do not impede access to eligible voters by political opponents;
- Do not destroy, disfigure or remove other political parties' campaign materials;
- Do not plagiarize other political parties' symbols, colours or acronyms;
- Do not bribe eligible voters in respect of the election campaign or voting;
- Do not abuse positions of power, influence or privilege in respect of the election campaign or voting;
- Do not discriminate on the basis of race, sex, ethnicity, class, gender or religion in connection with the election or electoral activity;
- Facilitate the equal participation and access of women to political activities and to vote;
- Cooperate with the electoral authorities in investigating issues and allegations in connection with the elections;
- Take all reasonable steps to ensure the safety of electoral officers, voter's roll officers and their authorized representatives from insult, hazard or threat in the course of their official duties;
- Reassure voters with regard to the secrecy and integrity of the ballot, and that no one will know how any other person has voted;
- Take necessary and reasonable steps to discipline and restrain the party's or candidate's representative, employees or supporters from:
- Infringing the Code;
- Committing any offense in terms of these regulations or any other law;
- Committing any prescribed election irregularity; and
- Contravening or failing to comply with any provision of the election regulations; and
- Establish and maintain communication with the Provincial Government, the voters' roll officer, the returning officer, and the election committee, and with parties and candidates at provincial and local level, including the exchange of names, addresses, contact telephone and fax numbers of election agents and other relevant office bearers and representatives. 234
