Importance to Election Process
Calling for and processing of nominations from political parties, groups, or candidates is the first link in the public process of voting in a particular election. Implementation of these functions is the foundation on which the validity of voting stands, and a possible major cause of election dispute if not administered equitably, effectively, and transparently.
The nominations period can be difficult for electoral administrators, as pressures from powerful political players may be applied to influence decisions on the validity of nominations. There may also be divergences between legal imperatives on election administrators that all nominations be treated equally, and ethical or representational questions where rejection of nominations on technical grounds may effectively disenfranchise a significant sector of the voting population.
This section and its related sub-topics deal with the nominations process from the perspective of electoral administrators:
For a discussion of the responsibilities and actions of parties and candidates in registering and nominating for election, see Party and Candidate Registration, and of the legal framework and time frames, see Candidates Registration. For an overview of electoral management body responsibilities in relation to party and candidate registration, see Party/Candidate Registration Responsibilities.
Need for Thorough Control
For confidence in the nominations process, from both the public at large and political participants, it is vital that election administrators maintain clear, accessible records of all actions taken and decisions made relating to nominations received. It is an area where cost-effectiveness generally means maximum safeguards, including legislative provision for speedy resolution and, if necessary, redress of any challenges to the administration of the nominations process prior to final preparation of materials for voting day. The cost of a challenged or an invalidated election is significantly greater than that of maintaining rigorous checking, quality control, and transparency in processing nominations.
Administrative Responsibilities
Because of the critical relationship to perceptions of election freedom and validity, the following must be clearly defined in electoral legislation or regulations:
- criteria (qualifications and requirements) for acceptance, recording, and validating nominations for election;
- criteria for determining the appearance and order of parties, groups, or candidates on ballots or automated voting systems;
- functional positions in electoral management bodies responsible for determining these issues.
These are not areas for administrative discretion.
Legal and administrative responsibilities for processing of and determining acceptance of nominations could be either at the electoral district level of administration or at the central administration of the electoral management body.
Where separate elections are conducted for representatives from each electoral district, usually legislation designates an official for each district, generally the electoral district manager, to have legal responsibility for conducting the nominations process in each electoral district, as part of overall responsibility for conducting the election in that electoral district. However, where representatives are elected through proportional representation systems that treat whole provinces or the nation as a single district, there may be no involvement of local election district administrators in the nominations process; it can be more effectively handled by designated officials at the provincial or national level, as appropriate.
Information to Parties and Candidates
For both reasons of self-interest in minimising unnecessary later workloads, as well as to enable a wide range of political participation, electoral administrations should ensure that clear explanations of the necessary qualifications and administrative requirements for valid nomination for election are freely and publicly available. This support should be available openly and equitably to all potential political participants in the election.
This may be done through published guidelines and other media, but is more effective if backed up with meetings with potential candidates, preferably as a group but possibly individually. If meetings with individual political participants are arranged, care must be taken to ensure that the information provided to all is consistent and equally comprehensive. Particularly in environments where new democratic institutions are being introduced, information on how to become a candidate can be a useful inclusion in general public information campaigns.
For examples of information materials addressing the general issue of what is, and how to become, a candidate at an election, see Party / candidate registration guide - Bosnia, Requirements checklist for candidates - Chile 1997, Candidature - Philippines and Information for candidates - Quebec.
Basic Information Issues
The basic issues that could be clearly explained in layperson's terms in this information material and in meetings would include:
- what being a candidate and registering a party means;
- the general legal and administrative framework in relation to nominations and registration, including any rights of candidates, parties, and groups nominating for election (such as to observe nomination processes, to challenge or appeal decisions, or to correct information provided as defined in the legal framework);
- qualifications necessary for nomination and registration to participate in the election (e.g., citizenship, nationality, age, registration to vote, civil or criminal penalty disqualifications, party or group membership or registration);
- requirements for support of the nomination and any qualifications for this support (e.g., through provision of supporting documentation, through signature and details of a prescribed number of qualified persons, and/or through payment of a fee in a prescribed manner);
- availability and manner of completion of prescribed nomination forms (for examples of nomination forms, see Nomination of candidates local authority elections - Namibia, Nomination of candidate regional council elections - Namibia, Candidate registration form - Guinea Bissau, Candidate/Party Nomination Forms - New Zealand, Candidate Nomination Forms - Australia, 1996, Parliamentary Nomination Paper - Ghana);
- the nominations time frame, particularly the period during which nominations for the election must be made, with strong advice that intending nominees should lodge nominations as early as possible, to allow time for any correction of errors or omissions (for an example of a nominations timetable, see Nominations Timeframes, South Africa 1996);
- the administrative mechanisms for checking and validating nominations for the election and any facilities available for amendment or correction;
- requirements for appointment of agents and/or auditors;
- requirements for disclosure of election funding and expenditure by parties and candidates, any restrictions on campaign funding or expenditure, and requirements for public disclosure of campaign finance records;
- an explanation of any judicial or administrative precedents that may help potential candidates to understand any grey areas in the legal framework for nominations.
Provision of such information in simple, helpful formats is of particular importance in societies that are in transition phases (either with emerging democratic institutions or the incorporation of new political or societal groupings into the election processes) or with generally low literacy levels, and in elections at local government or primary level. Elections being conducted in these environments will generally attract potential candidates, groups, and parties with less experience and knowledge of requirements and processes for registration and nomination for election.
For a full discussion of liaison between electoral administrators and political participants, see Political Party Liaison.
Campaign Expenditure and Contributions
Issues relating to campaign expenditure and contributions are fully discussed at Campaign Expenditure Disclosures and Spending Limits. These will have some impact on the actions required of voting operations administrators. Due to the high level of accounting and investigative skills required for monitoring adherence to campaign expenditure and contributions rules, such tasks will generally be more effectively undertaken by expert staff at a more centralised level, rather than by officials at the local electoral district level, whose skills are more likely to be in election operations than complex accounting investigations.
Whether undertaken at the national or local level, voting operations administrators will need to implement mechanisms to ensure that any legislative requirements are in place prior to the commencement of the period for nominations. These would include:
- appointment of agents or auditors by parties and candidates as part of the nomination process;
- disclosure of candidates' assets;
- obtaining, collating, and analysing party and candidate statements of campaign funding and expenditure;
- obtaining, collating, and analysing any statements required from third parties, such as media organisations, interest groups, or financial institutions, with regard to party or candidate campaign funding and expenditure;
- publication, or display for public inspection during a specified period, either locally or centrally, of party and candidate campaign funding and expenditure records.
