g) Electoral infractions regulated in various countries
121. The election laws in several countries establish election-related
administrative infractions such as:
• a breach by a political party, political grouping or candidate of its legal
obligations and of the decisions of the electoral authority; wrongful
actions by their supporters; failure to report where funds come from
and how they are used; accepting gifts and financial contributions
of unlawful origin; accepting gifts or contributions that exceed the
legal limits; and spending more than the amounts authorized for
campaigns;
• a breach by citizens or other individuals of the rules for electoral
observation;
• failure by the media to transmit the messages of the political parties
at the official time or to comply with legal provisions regarding the
volume and content of coverage related to the electoral process;
• a breach by electoral officials of their obligations provided for by law;
or
• an electoral official, public employee or religious or community leader
offering inducement to vote for or against a particular candidate or
political party, or to refrain from voting.
122. In order to increase the likelihood of compliance, it is advisable for
the electoral law to provide for the sanctions imposed on political parties
to be independent of the liability that may attach to their leaders, members,
candidates or supporters.
123. Financial sanctions should be proportionate and therefore severe
enough to fulfil their purpose of inhibiting prohibited conduct. If they
are merely symbolic, this may be read as an invitation to break the law,
as the person committing the infraction may calculate that the benefits
of violating a prohibition may be greater than the cost of the sanction.
In this regard, the timing of the sanction is also important. Extremely
long administrative procedures which determine liability and impose the
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4. EDR mechanisms
b. reprimand, suspension or cancellation of a political party’s or political
grouping’s registration;
c. reductions in public financing for a political party;
d. suspension of a political party’s officially allotted radio and television
time for political advertising or political messages;
e. suspension of air time for radio and television broadcasts;
f. loss or cancellation of the right to register as a candidate;
g. cancellation of accreditation as an election observer; or
h. fines or other financial penalties.