under continuing review. In others, it could be evidence that aspects of the
law are outdated and may need reconsideration. The expenditure limits for
a campaign provided by UK electoral law have been considered too low by
major political parties, especially in elections to fill single casual vacancies
in the Parliament. Political parties have therefore become adept in finding
ways to spend more on campaigns while technically keeping within the law
– for example, instead of the candidate’s campaign buying equipment and
declaring the full cost in the return of expenditure required by law, the party
buys equipment and rents it to the campaign, and the campaign declares only
the much lower cost of the rental.
Box 4.2. The regulation of electoral offences
• Include them in the penal or criminal code
• Include them in the electoral law
107. The bases for codifying electoral offences also vary from country to
country. Several focus on the perpetrator of the criminal conduct, such
as citizens, election officers, party leaders, and so on. Others focus on the
legal interest they are protecting, such as the freedom of the vote or equal
conditions for all candidates. The body of law in which an offence is included
or the criterion used to regulate it are less important than the existence of a
proper legal framework on electoral crimes or offences that helps to ensure
that elections are free, fair and genuine.
108. The historical and socio-political context of each country will be
influential when defining electoral crimes and offences. A country’s political
culture and electoral practices may influence whether conduct is deemed
unacceptable because it is at odds with principles such as liberty or equality,
and thus should be prohibited, or whether it is considered to be in accordance
with such principles and therefore permitted. Such notions may also vary in
the same country over time.
109. Thus, for example, in some countries criminal sanctions apply to the
conveyance of electors to or from the polling station by candidates or political
parties. Such sanctions are found for example in countries that are emerging
from a time when there were no truly competitive elections. Under a system
where the previous established governing party was well resourced, freedom to
transport voters to the polls could be judged to have a detrimental impact on
the freedom with which votes are cast, and thus likely to be associated with
vote-buying and coercion to affect results. In the United Kingdom, however,
the history of transporting voters to the polling stations is different: it was the
response of the party whose strength lay more with relatively poorer people to
the ability of their richer opponents – at the time the owners of most transport –
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