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 27

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