Unfair Advantage:
The Abuse of State Resources in Elections
Principle
Necessary Elements of the Legal Framework
Make available appropriate
and enforceable sanctions and
penalties for state officials who
violate the law, regulations,
and rules established by their
institutions
• Range of penalties/remedies, including criminal and
disciplinary sanctions, that are targeted to specific offenses
or categories of offenses
• Provisions for standing to register complaints or press
charges
Figure 2: Indicators of Effectiveness
Indicators of Effectiveness
• Subjects of the law (including public employees and candidates) are aware of the rules by
which they are bound and are given an opportunity to present a case in the event of an alleged
violation
• Assignment of mandates and responsibilities facilitates monitoring, investigation, and
enforcement of corruption cases, whether these mandates are entirely distinct or provide for
some institutional multiplicity
• Institutions exercise their legal authority and mandate to monitor parties and candidates and
to enforce penalties regardless of political affiliation
• State actors are effectively insulated from political pressure and reprisals
• Institutions are reporting potential abuses of state resources in a timely, clear and
comprehensive manner
• Process for addressing violations is transparent and accessible
• Available remedies are timely, proportional, enforceable and have the desired deterrent effect
• Standing rules are clear and practicable, deterring frivolous claims without having a chilling
effect on legitimate complaints or charges
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