III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

N. Financing of elections

The above provision prohibits a person from donating his or her services in support of a candidate’s campaign, as “financial (material) support” can only be given “through election funds”. This provision is problematic as it prohibits persons who do not have financial resources from contributing their time or labour in support of a candidate. This provision limits political involvement through campaign support to persons who cannot make financial donations to election funds. Regulation of in-kind contributions is possible through strict reporting requirements. However, in-kind contributions should not be prohibited simply because they are not traceable through the election fund. The Venice Commission and OSCE/ODIHR recommend that Article 41 be amended to allow for the contribution of in-kind services to a political campaign, subject to strict reporting requirements and the same contribution limits that apply to monetary donations.