Moreover, the second allocation is given to award the winners by forcing the losers - those who did not obtain any seat but had at least two seats in the previous Assembly - to pay back their initial allocation to the CEC [Article 87(2)b and 87(3)], which re-allocates these funds among the winners [Article 87(5)]. This raises an issue of concern since, ideally, it is hoped that there are sufficient campaign funds for all electoral contestants so that voters are fully informed. It is unavoidable that some electoral subjects, who met the legal requirements to be placed on the ballot, will not be successful in the elections and will fail to secure a mandate. These electoral subjects should not now be punished. The system of public funding for campaigns fulfils the public policy objective of providing information to voters about all electoral contestants, even those that ultimately fail to win a mandate. The Venice Commission and the OSCE/ODIHR recommend that Articles 86 and 87 be accordingly amended so that the campaign funds of losers are not withheld and distributed among the victors.
