Electoral Processes Report Candidacy Procedures, Media Access, Voting and Registration Rights, Party Financing, Popular Decision-Making m o c . e b o d a . k c Sustainable Governance o t s - e g Indicators 2018 e v © Sustainable Governance SGI Indicators SGI 2018 | 1 Electoral Processes Indicator Candidacy Procedures Question How fair are procedures for registering candidates and parties? 41 OECD and EU countries are sorted according to their performance on a scale from 10 (best) to 1 (lowest). This scale is tied to four qualitative evaluation levels. 10-9 = Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against. 8-6 = A few restrictions on election procedures discriminate against a small number of candidates and parties. 5-3 = Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties. 2-1 = Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating. Australia Score 10 The Australian Electoral Commission (AEC) is an independent statutory authority that oversees the registration of candidates and parties according to the registration provisions of Part XI of the Commonwealth Electoral Act. The AEC is accountable for the conduct of elections to a cross-party parliamentary committee, the Joint Standing Committee on Electoral Matters (JSCEM). JSCEM inquiries into and reports on any issues relating to electoral laws and practices and their administration. There are no significant barriers to registration for any potential candidate or party. A party requires a minimum of 500 members who are on the electoral roll. A candidate for a federal election must be an Australian citizen, without dual citizenship, at least 18 years old and must not be serving a prison sentence of 12 months or more, or be an undischarged bankrupt or insolvent. There have been no changes to the laws relating to candidacy procedures in the period under review, and the process remains open, transparent and in line with international best practices. However, in October 2017, following revelations that at least seven parliamentarians held citizenship of another country – in most cases b ancestry rather than by birth – the High Court ruled that five parliamentarians were ineligible to serve as members of Australia’s parliament. This has generated considerable political instability, particularly since the citizenship status of many other parliamentarians remains uncertain. SGI 2018 | 2 Electoral Processes Canada Score 10 The right to be a candidate in a federal election is laid down in the Canadian Charter of Rights and Freedoms, with the associated procedures and responsibilities specified in the Canada Elections Act. There are virtually no restrictions on becoming a candidate for election. Almost all Canadian citizens 18 years old or over can present themselves as candidates for federal elections. Exceptions include members of provincial or territorial legislatures, certain judges, election officers, people who were candidates in a previous election but who did not conform to the expense- reporting rules, and persons imprisoned in a correctional institution. There is no cost to being a candidate in a federal election. A CAD 1,000 deposit is required, but this is reimbursed if the candidate’s official agent submits the electoral campaign return after the election within the prescribed time. Administrative procedures are not onerous (a nomination form is required containing signatures by either 50 or 100 people residing in the constituency in which the candidate wants to run, with the number depending on the electoral district’s population). Czech Republic Score 10 Electoral registration procedures are fair and transparent. To establish a political party, three citizens aged 18 or over need to submit the new party’s statutes to authorities, backed by 1,000 signatures. The 1991 law on political parties and movements establishes conditions to exclude parties lacking democratically elected organs or that aim to remove the democratic foundations of the state, restrict the freedoms of other parties, or threaten morality and public order. Calls to ban the Communist party have not faded, but no legal steps have been taken and there is no consensus that such measures are necessary. As of November 2017, there were 211 active political parties and political movements. Candidate lists of 31 political parties and movements were registered for the parliamentary elections in October 2017. Since 2012, the president of the Czech Republic is elected by citizens in a direct election. Any citizen with the right to vote who has reached 40 years of age is eligible to stand in the election for a maximum of two consecutive five-year terms. Citation: OSCE/ OHDIR (2018): The Czech Republic: Parliamentary Elections, October 20-21, 2017. Election Assessment Mission Final Report. Warsaw (https://www.osce.org/odihr/elections/czech-republic/375073?download=true). Denmark Score 10 The basic rule for candidacy procedures is laid out in section 30 of the Danish constitution: “Any person who is entitled to vote at general (parliamentary) elections shall be eligible for membership of the Folketinget, unless he has been convicted of SGI 2018 | 3 Electoral Processes an act which in the eyes of the public makes him unworthy to be a member of the Folketinget.” It is the unicameral parliament (Folketinget) itself, which, in the end, decides whether a conviction makes someone unworthy of membership. In practice, political parties play an important role in selecting candidates for elections. It is possible to run in an election in a personal capacity, but extremely difficult to be elected that way. Given the relatively high number of political parties, it is reasonably easy to become a candidate for a party. There is also the possibility of forming a new party. New parties have to collect a number of signatures to be able to run, corresponding to 1/175 of the number of votes cast at the last election. Citation: The Constitutional Act of Denmark of June 5, 1953, http://www.eu- oplysningen.dk/upload/application/pdf/0172b719/Constitution%20of%20Denmark.pdf (accessed 15 April 2013). Henrik Zahle, Dansk forfatningsret I: Institutioner og regulering. Copenhagen: Christian Ejlers‟ Forlag, 2005. Jørgen Grønnegård Christensen og Jørgen Elklit (eds.) Det demokratiske system. 4. udgave. Hans Reitzels Forlag, 2016. Estonia Score 10 The principles of fair and free elections are laid out in the Estonian constitution. Estonia has a proportional representation electoral system, which means that most candidates are registered within party lists. The composition of party lists is a matter of internal procedures that are set by the statute of the political party. Only officially registered political parties can nominate candidate lists in parliamentary elections. In order to be registered, a political party must have at least 500 permanent members, lists of whom are made public online. For each candidate, a deposit equal to the monthly minimum wage must be paid. In addition to political parties, two or more citizens can form an election coalition to participate in municipal elections. Every person who has the right to stand as a candidate may nominate him or herself as an independent candidate. Independent candidates can participate in parliamentary, local and European Parliament elections. The largely ceremonial Estonian president is elected by the parliament or a special Electoral College composed of members of parliament and representatives of local councils. Candidates must be nominated by at least one-fifth of the serving members of parliament. Citation: Estonian National Electoral Committee https://www.valimised.ee/en SGI 2018 | 4 Electoral Processes Finland Score 10 The electoral process in Finland is free and fair, and the country’s constitution grants Finnish citizens the right to participate in national elections and referendums. Registered political parties have the right to nominate candidates, though all voters have the right to influence the nomination process. Electoral associations of at least 100 enfranchised citizens also have the right of nomination. However, the role of these associations has been marginal. Candidates for presidential elections can be nominated by any political party that is represented in parliament at the time of nomination. Candidates may also be nominated by associations of at least 20,000 enfranchised citizens. President Sauli Niinistö, running for reelection in the 2018 elections, has preferred to be nominated by a voters’ association rather than a specific political party and collected thus more than 150,000 supportive signatures. Presidential candidates must be Finnish citizens by birth, while young people under guardianship and those in active military service cannot stand as candidates in parliamentary elections. The procedure for registering political parties is regulated by the Party Law of 1969. Parties which fail to elect representatives to parliament in two successive elections are removed from the list of registered parties. However, by gathering signatures of 5,000 supporters, a party may be re-registered. Citation: Dag Anckar and Carsten Anckar, “Finland”, in Dieter Nohlen and Philip Stöver, eds. Elections in Europe. A Data Handbook, Nomos, 2010. France Score 10 The electoral process is fair at all levels, and controls by ad hoc commissions or