Home > 2.6 Campaign finance > Report on the Misuse of Administrative Resources during Electoral Processes
 
 
 
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Paragraph 34
 

Regarding the legal environment and based on the comparative table provided, several Venice Commission member states do not have specific provisions against the misuse of administrative resources during electoral processes in their electoral legislation. Nevertheless, a more thorough analysis of other pieces of legislation may cover such provisions such as criminal or administrative legislation or laws on political parties. For the countries providing legislation on the misuse of administrative resources during electoral processes, the level of details and of effective sanctions stipulated by law is variable and does not ensure the same level of safeguards. If electoral processes are often regulated regarding financing of campaigns and political parties, media coverage or defamation, laws are weaker in regulating misuse of administrative resources during electoral processes, including sanctions. The law is therefore absent or insufficient in domestic electoral laws to face this long-standing practice. Overall, the judiciary does not cover enough the phenomenon and other existing complaints as well as appeals procedures are not systematically adapted to this issue. In countries like Mexico, constitutional principles have helped the Judiciary to adjudicate controversies over the misuse of administrative resources based on the equality principle.