ELECTORAL STUDIES IN COMPARED INTERNATIONAL PERSPECTIVE Election Campaign Regulations in 18 Latin American Countries ELECTORAL STUDIES IN COMPARED INTERNATIONAL PERSPECTIVE Concept and development of the series: Carlos Navarro Fierro In collaboration with: Julia Almaraz Anaya Mariana Sánchez Rodríguez Alejandra Robles Rios José Luis Escutia Design: José Luis Escutia Acknowledgements: This English edition was made possible through a collaboration agreement between the National Electoral Institute (INE) of Mexico and the United Nations Development Programme (UNDP). Special thanks go to Aleida Ferreyra and Manuela Matzinger from UNDP for their continuous support in finalizing this undertaking. The INE and UNDP are particularly grateful to Magdalena Palencia for her detailed revision and suggestions regarding the publication. A note of thanks goes also to Marabotto Traducciones for translating the text into English and to Wendy Knerr and John Stacey who copy-edited the publication. Election Campaign Regulations in 18 Latin American Countries ELECTORAL STUDIES IN COMPARED INTERNATIONAL PERSPECTIVE ELECION CAMPAIGN REGULATIONS IN 18 LATIN AMERICAN COUNTRIES First edition: July, 2014 © Instituto Nacional Electoral Coordinación de Asuntos Internacionales Viaducto Tlalpan 100, Arenal Tepepan 14610, Mexico City www.ine.mx ISBN: 978-607-9218-32-4 Printed in Mexico Free distrubution. Not for sale. CONTENTS PREFACE ......................................................................... 7 I. INTRODUCTION ..................................................................11 II. CONCEPTUALIZATION OF CAMPAIGNS AND ITS BASIC ELEMENTS.......................19 1. THE OBJETIVES OR PURPOSE OF CAMPAIGNS ................................................... 22 2. INDIVIDUALS AUTHORIZED TO CONDUCT CAMPAIGNING .......................................... 23 3. CAMPAIGNING ACTIVITIES ................................................................... 23 4. TIMING OF CAMPAIGNING ................................................................... 25 III. PROCESSES FOR INTERNAL SELECTION OF CANDIDATES .............................31 IV. CAMPAIGN FINANCING CONTROL ..................................................35 1. DIRECT PUBLIC SUBSIDY .................................................................... 35 2. PROHIBITIONS OR RESTRICTIONS ON PRIVATE FINANCING ........................................ 40 3. CEILINGS ON CAMPAIGN EXPENDITURES ....................................................... 44 4. ACCOUNTABILITY .......................................................................... 47 V. ACCESS TO AND USE OF MEDIA OUTLETS ...........................................51 1. GUARANTEED FREE ACCESS FOR PARTIES AND/OR CANDIDATES .................................. 52 2. RESTRICTIONS OR OBLIGATIONS RELATED TO THE PURCHASE AND BROADCAST OF ELECTION ADVERTISING ...................................................... 55 LIMITS ON THE PERIOD DURING WHICH PAID ADVERTISING MAY BE BROADCASTED ��������������� 56 LIMITS ON THE AMOUNT OF TIME THAT MAY BE HIRED DAILY IN EACH MEDIA OUTLET ������������ 56 OBLIGATION OF MEDIA OUTLETS TO RECORD OR REPORT THEIR PRICES ........................ 57 3. OTHER MODALITIES AND REGULATIONS RELATED TO ACCESS TO OR USE OF MEDIA OUTLETS DURING CAMPAIGN PERIODS OR FOR ELECTORAL PURPOSES ....................... 59 4 ELECTORAL STUDIES IN COMPARED INTERNATIONAL PERSPECTIVE GENERAL GUIDELINES APPLICABLE TO RADIO AND TELEVISION NEWSCASTERS FOR REPORTING ON AND COVERAGE OF CAMPAIGN ACTIVITIES ...............................................60 MONITORING OF MEDIA OUTLETS’ COVERAGE OF ELECTION CAMPAIGNS ........................61 PARTICIPATION OF CANDIDATES IN JOURNALISTIC PROGRAMMING ..............................62 4.PROHIBITIONS OR RESTRICTIONS RELATING TO THE CONTENTS OF ELECTION ADVERTISING AND PUBLICITY ................................................................62 VI. NON-INTERVENTION OF GOVERNMENT BODIES .................................... 67 1. REGULATIONS RELATED TO THE USE OF PUBLIC RESOURCES OR FUNDS ............................68 2. REGULATIONS RELATED TO OFFICIAL ADVERTISING OR PUBLICITY ..................................69 3. REGULATIONS RELATED TO THE POLITICAL/ELECTORAL ACTIVITIES IN WHICH PUBLIC SERVANTS MAY PARTICIPATE ............................................................70 4. REGULATIONS RELATED TO ACTS OF GOVERNMENT OR THE INAUGURATION OF PUBLIC WORKS ��������70 VII. SURVEYS AND POLLS ON ELECTORAL PREFERENCES ............................... 73 1. ELECTORAL SILENCE ........................................................................76 2. REGISTRATION OF POLLING FIRMS .............................................................77 3. REQUIREMENTS TO PUBLISH OR DISSEMINATE SURVEYS AND THEIR RESULTS .........................77 4. EXIT POLLS AND QUICK COUNTS ..............................................................78 VIII. DEBATES ................................................................... 81 IX. PENALTIES ................................................................... 85 1. CAMPAIGN ACTIVITIES PERFORMED OUTSIDE THE ESTABLISHED TERMS ..............................86 2. TERMS OR LIMITS FOR HIRING AND/OR BROADCASTING ADVERTISING IN MEDIA OUTLETS .............89 3. PUBLICATION OF ELECTION POLLS OR SURVEYS .................................................90 4. ACCOUNTABILITY ..........................................................................90 5. CEILINGS ON CAMPAIGN EXPENDITURES ........................................................92 6. SOURCES AND TOTALS OF CAMPAIGN FINANCING ................................................93 X. FINAL REFLECTION AND COMMENTARY ............................................ 97 XI. FINAL NOTES ............................................................... 105 XII. SOURCES AND BIBLIOGRAPHY ................................................ 109 XIII.APPENDICES ............................................................... 117 ELECTION CAMPAIGN REGULATIONS IN 18 LATIN AMERICAN COUNTRIES 7 PREFACE Within the framework of international cooperation that has started with the creation of the IFE’s International Affairs Unit in 1993, and with the unders- tanding that elections have become a more specialized field of knowledge and practice, special emphasis has been placed on encouraging projects that can contribute to producing, disseminating and/or exchanging specialized knowledge from a global and comparative perspective. The Institute has accomplished four specific objectives with the momentum and settling of these initiatives. Firstly, to provide electoral stakeholders, including its staff, with information on electoral systems from different parts of the world and from a compared perspective. Secondly, to provide repre- sentatives and electoral specialists in other countries with the necessary information to be able to take over the tasks from international observation and technical assistance missions. Thirdly, to back up the activities INE´s International Centre for Electoral Training has been carrying out in collabora- tion with UNDP and the Electoral Tribunal of the Federal Judiciary. Lastly, this initiative opens new spaces and opportunities for international knowledge exchange and fosters and strengthens the collaboration in areas of interest among electoral management bodies from around the world. These collabo- ration and exchange has also taken place in the context of technical-electoral assistance missions between INE and other electoral management bodies, within the framework of electoral assistance provided by international bo- dies, including UNDP. 8 ELECTORAL STUDIES IN COMPARED INTERNATIONAL PERSPECTIVE Based on the above, the INE is proud to present the second issue of the series of compared electoral studies, which focuses on 18 Latin American countries, that have introduced or re-established a solid democratic institu- tionality. This factor paired with significant affinities and common challenges faced by the political-electoral systems of these countries, make this series especially relevant. This second issue offers a general and comparative overview of the current situation, challenges and outlooks for electoral campaign regulations in the- se 18 Latin American countries. We hope that this effort will be useful for our readers and encourage them to look deeper into the study and reflect and exchange opinions and expe- riences on the topic of election campaign regulations. Manuel Carrillo Poblano Chief of Staff, International Affairs Unit National Electoral Institute ELECTION CAMPAIGN REGULATIONS IN 18 LATIN AMERICAN COUNTRIES 11 I. INTRODUCTION Greater openness or liberalization in the political system and the adoption of regulations and mechanisms to ensure free, fair and transparent elections have emerged to a varying extent during recent decades in most Latin Ame- rican countries. They represent a positive trend that has brought significant changes to the political and electoral arena. Among the most notable chan- ges are those related to the increasing plurality of partisan systems, often resulting in vigorously competitive electoral contests. Partisan systems are understood, in a broad sense, to incorporate new or at least varied ways to organize and seek political representation. In nearly all countries of the region, partisan systems have changed signi- ficantly, which largely reflects the growing plurality and heterogeneity of the societies whose interests these systems seek to articulate and represent po- litically. Almost simultaneously,