International Foundation for Electoral Systems Figure 1: Necessary Elements of the Legal Framework Principle Establish effective mechanisms to prevent public officials from taking unfair advantage of their positions in order to influence the outcome of elections Necessary Elements of the Legal Framework General Elements • Clear definitions of the permissible uses of state resources as well as what constitutes an abuse • Regulations that clearly apply to both incumbent and opposition political forces and do not favor or discriminate against any party or candidate • Distinctions between the operation of government, activities of the civil service and the conduct of the electoral campaign • Clear balance between the general right to stand for elections and the need for a clear separation between candidacy and public office Restrictions on State Personnel • General requirements to act impartially • Specific requirements for public officials who are seeking elected office, differentiated by position • Restrictions on or rules for contributing resources to electoral campaigns Restrictions on the Use of State Funds and Physical Resources • Restrictions on the use of physical resources (e.g., vehicles, facilities, equipment) • Restrictions on the use of state funds Restrictions on Official Government Communications to the Public • Restrictions on the use of official government communication tools • Requirements for the equitable use of state-led/managed media Ensure effective and transparent oversight by independent institutions • Provisions establishing a mandate for independent oversight institution(s) • Mechanisms for ensuring compliance with rules and regulations • Provisions for human and financial resources to support the mandates of oversight bodies • Assurance of immunity from politically-motivated prosecution, penalty or removal from office without cause 26