Under this heading, three different types of ineligibility can be included:
- a number of factors of ineligibility, existing in all states, in an effort to prevent anybody from participating in an election from an advantageous position which may cause or influence citizens voting in a manner which is not free and, in short, to prevent fraud in the results
The specific cases included in the different regulations under this section, are very varied, from the prohibition of re-election in many presidential systems to the loss of the status as members of the national assembly, along with its consequent prerogatives, as from the moment the elections are announced in parliamentary systems.
- cases of ineligibility as a consequence of holding specific relevant administrative posts, especially in public organisations which are directly related to the process (members of election commissions, the electoral registry, those in charge of public media)
The presumption is that, regardless of the personal attitude of the subject, their mere participation in the electoral process whilst holding such a position will distort the results. These cases differ from the previous ones in the sense that the citizen can regain his eligibility by simply resigning from the post, although it is also common in comparative law not to attach any value to a resignation which occurs immediately before the elections.
- exclusion of certain officials, especially military and judicial officers and ministers of religious denominations, characteristic of 19th century regulations, but with perfectly clear vestiges in present-day constitutions and laws.
