Article 73, par. 9 prohibits what is commonly called “vote buying”, an important restriction which contributes to the guarantee of the democratic standard of free expression of the voters’ will. In the 2008 parliamentary elections, this vote buying provision was extensively interpreted by the courts, which ignored both the letter and spirit of the law and undermined this fundamental democratic standard. The courts offered broad latitude for candidates and campaigners to unduly influence voters through vote buying.[24] In light of these court judgements, it is recommended that Article 73, par. 9 be revised in a manner which would more clearly and broadly reinforce a prohibition against vote buying by any individual, regardless of whether they are private citizens, public servants, officials or official campaigners, and which would stipulate a sanction if they engage in it.
Use of Official Position and Administrative Resources
