International Foundation for Electoral Systems Additionally, congressional staffers are always prohibited from making a political contribution to his or her employing Member, even if the staffer would contribute outside of work and even if it is clear from circumstances that the staffer is contributing in an entirely voluntary fashion.87 Federal judges and judicial officers must refrain from engaging in any election activity altogether.88 The Code of Conduct stipulates broadly that federal judges should not engage in any “political activity,” except for incidental activities that might arise from their involvement in a law school board or charitable organization.89 ii. Restrictions on Use of State Physical Resources and State Funds Unless regulated, a state’s physical resources and state funds may be subject to abuse by government officials and their respective political parties for electoral gain. The authors are using the term “physical resources” to refer to the material assets of the government, including, but not limited to, buildings, equipment and vehicles. For the purposes of this analysis, “state funds” refer to a state’s monetary assets allocated for operations and administration (for example, official travel expenses of state officials). Provisions in the legal framework can serve to limit potential abuses by clearly identifying inappropriate uses of these resources and requiring transparency in the use of these resources throughout the electoral process. Restrictions on Usage of State Physical Resources Countries could consider banning the use of the government’s physical resources in election campaigns, or restricting use to only those resources that can be procured without additional cost to the government. If use of the government’s physical resources is permitted for campaigning purposes, “the legal framework should provide for equal opportunity and a clear procedure for equitably allocating such resources to parties and candidates.”90 For example, elected officials may be allowed to use government vehicles for election activity if the government is fully reimbursed for this use by the candidate’s campaign coffers. Alternatively, allowing “generalized access” of the state’s physical resources equitably to all political parties is also an option, such as “allowing use of public buildings for party conventions [and] use of a certain number of vehicles during the campaign period.”91 This alternative is used in Brazil, where registered political parties are allowed free access to public schools or legislative houses for conventions or meetings, provided the party takes responsibility for any damages that may result.92 As highlighted by Speck and Fontana, the public is often aware of abuses such as the unauthorized use of government vehicles and public buildings as they are relatively easy to detect and are often highlighted by election observation missions and the media.93 Sri Lanka is one country where this issue is particularly acute and visible: for example, during the 2015 electoral process, the Program for Protection of Public Resources documented more than 2,400 buses owned and operated by the Sri Lanka Transport Board transporting members of the public to campaign events for the incumbent President, in violation of constitutional provisions and EMB directives.94 Observers from the European Union Election Observation 18 U.S.C. § 603; see also House Ethics Manual, supra note 62, at 137-38; Senate Ethics Manual, supra note 62, at 147. 88 See Guide to Judiciary Policy, supra note 36, at Canon 5. 89 See id. at Canon 4. 90 Venice Comm’n & OSCE/ODIHR, Joint Guidelines, supra note 10, at § B.1.6. 91 Speck & Fontana, supra note 3, at 10-11. 92 See Law on Political Parties (Law No. 9,096/1995), art. 51 (Braz.). 93 See Speck & Fontana, supra note 3, at 3-4. 94 See Transparency Int’l, Sri Lanka Electoral Integrity Report, supra note 48, at 20-22b. 87 12

Select target paragraph3