Unfair Advantage:
The Abuse of State Resources in Elections
VI. Conclusion
With appropriately functioning oversight institutions and effective enforcement of assigned penalties,
sanctions, and remedies, it is possible for countries to craft a set of laws and regulations that can
deter and mitigate the misuse of state resources in elections. The authors identified several relevant
principles in the Approach section of this paper. These include: (1) establishing effective mechanisms to
prevent public officials from taking unfair advantage of their positions in order to influence the outcome
of elections; (2) ensuring effective and transparent oversight of these mechanisms by independent
institutions; and (3) making available appropriate and enforceable sanctions and penalties for state
officials who abuse state resources.
This paper has comprehensively examined U.S. legal provisions focused on the prevention of specific
abuses related to a state’s institutional and financial resources. An array of other country examples
illuminate the challenges that arise for deterrence and mitigation of such abuses when legal frameworks
are unclear or incomplete, or when sanctions and penalties are inappropriate, insufficient, or poorlyenforced. Through this analysis, the authors have identified several elements that may contribute to an
effective legal and regulatory framework. This list is not exhaustive, but provides a foundation for further
research and analysis. These elements are outlined in the table on the following page.
The presence of these legal and regulatory framework provisions alone is likely not sufficient to be
effective; however, enforceable provisions that reinforce a perception of fairness are a starting point in
the development of a strong structure to prevent the abuse of state resources. More research is needed
to determine if this paper has identified the core set of elements required to establish the foundation
of an effective regulatory and enforcement regime. An important next step will also be to determine
whether a framework that contains all of these indicators – and is properly implemented and enforced
– can in fact change the behavior of governmental actors as intended. Specifically, this research would
evaluate whether such mechanisms have a discernible deterrence effect, and whether they raise
confidence in and buttress the belief that perpetrators will be held accountable for abusing the state’s
financial and institutional resources, and for betraying the public trust.
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