The national election body, having established itself as a truly independent organisation, is in a
very good position to oversee the campaign activities of political parties and their candidates.
There is a definite role for the national body in helping to create the right environment for
peaceful elections to take place. Unless relevant regulations or laws are established within the
electoral law of the country in question, drawing up regulations will be one of the early activities
the national election body has to undertake.
Election campaign law is often included in the general election law; this law usually
concentrates on a specific period of time starting immediately after the announcement of the
election date and continuing up to and including election day. Campaigning may also be
proscribed a day or so prior to the election in order to give the voters time to reflect on what they
have heard during the campaign. In those countries where there is a media-driven campaign,
particularly television, right up to election day, some voters would welcome an earlier cessation
of campaign activities, as the election tends to dominate daily life.
The law may include provisions relating to the use of negative campaigning and financing of
election campaigns (see Regulation/Oversight of Campaign Finance). One approach adopted in some countries in relation to
campaign activities is for the national election body to join together with the political parties in
writing an agreed code of conduct with which the parties all undertake to abide. The Election
Commission of Nepal, in the document Electoral Process in Nepal, has a section on the
conduct of the election, and it is worth quoting here from 'subsection (a) Election Campaign.'
A minimum period of 30 days is allowed mandatorily by law to candidates for
election campaigning. While campaigning, the following activities are prohibited and, therefore,
punishable:
- Character assassination of a candidate.
- Which affect the independence, sovereignty or territorial integrity of the Kingdom.
- Which promote or cause hatred, enmities or contempt on the basis of religion, community,
caste, creed, language and region.
- Which appeal to or causing to vote or refrain from voting on the basis of religion,
community,
caste, creed or region.
In order to ensure peaceful and fair elections, the Electoral Commission has also evolved a code
of conduct in consultation with various recognised political parties and the government. The
code of conduct relating to campaigning is equally applicable to the candidates of political
parties and to independent candidates. The code also contains provisions which are applicable
to the government on matters of mass media and other official facilities and services. Such a
code, to which all parties, candidates (including independent candidates), and agents subscribe
by formally undertaking to abide by its terms, can cover many aspects of the pre-election period.
The election management body (EMB) can facilitate the writing of the code, but it is important
that those involved in the election have a part in writing, amending, and agreeing to it. The code
of conduct may include such things as control of supporters, cooperation with the EMB on all
electoral matters, peaceful campaigning, agreeing not to disrupt opponents' meetings or rallies,
agreeing to accept the outcome of the election, and challenging the results only in a lawful way.
The EMB also has a responsibility to see that all candidates and parties abide by the code of
conduct. Because of its independence, the election body is in a good position to enforce the
code and deal with any breaches. Such breaches, which may be against the election law itself
and not just the code, should be dealt with as quickly as possible if credibility is to be
maintained. There are different ways of dealing with actions that violate the code of conduct or
the election law, but whatever model is chosen, there should be sanctions that may range from a
warning as to future conduct to fines or even suspension from the election itself.
It may also be that the EMB has the power to investigate and prosecute infractions.
Alternatively, a special commission may be established to handle complaints. One other method
could be to allow the parties and candidates to bring complaints directly to the courts for
determination. In developing democracies, the acceptance of the code can be used to the
advantage of the EMB and to the country as a whole. Carefully planned publicity immediately
prior to or at the beginning of the election period detailing agreement to the code of conduct can
go some way in demonstrating political tolerance on behalf of the players.
