Disclosure reports should be submitted to the Political Finance Regulatory Authority established under the legal framework for these matters and, once submitted, every effort should be made to ensure that the information is made available to the public in a meaningful way. However, more than 25 per cent of countries that require some form of declaration from political parties or candidates do not require such information to be published. [xlvi] However, it can be said that a legal framework must be structured in such a way that the principles are contained as follows: these principles are generally contained in international treaties and covenants. However, it is interesting to note that while international law sets important minimum standards for democratic governance, “it does not establish an independent `right to democracy` per se. This is mainly because the concept and concept of democracy are too broad and vague to be governed by a single legal norm. [xi] Both types of election observation play an important role in improving the transparency and credibility of elections and the acceptance of results, and can potentially contribute to the prevention, management or resolution of electoral conflicts. [ii] Therefore, “the legal framework should provide for observers, including domestic and foreign, as well as representatives of the media, political parties and candidates, in order to ensure transparency in all electoral processes. Transparency in the electoral process is a minimum standard necessary to ensure democratic elections. [iii] However, administrative errors should not simply be allowed to reject or undermine the fundamental right to vote. “If elections can be easily annulled due to administrative errors, public confidence in the finality and legitimacy of election results is undermined.” [viii] And there will be mistakes.
The majority recognized that the size in an election is by definition large and has limited experience solely because of the nature of the event, so mistakes will occur. This is not to say that procedures should not be followed, as they serve an important purpose of ensuring the integrity of the process, and electoral authorities should do everything in their power to achieve this. Although “procedural safeguards are important in law; However, they should not be treated as an end in themselves. [ix] Ultimately, the right to vote enshrined in the Charter of Rights and Freedoms appears to be of paramount importance. The majority could not tolerate disenfranchisement for every voter who voted, as a small number of votes involving procedural errors were overturned. Moreover, if procedural errors can serve as a basis for annulling an election, then the majority was concerned that slightly tilted elections could increase the “litigation field”, i.e. election results close enough to lead to legal action after the election[x], even if unelected candidates use the procedure to find technical administrative errors. to get a second chance. [xi] Unless an applicant can prove that there was a procedural defect and can prove that a vote was cast by a non-voting person, the vote will be counted.
Some argue that the legal framework should create an exclusive forum for filing complaints and appeals in these limited cases, so that each instance does not unnecessarily increase the burden on the courts. [ii] While it is important to ensure that appointments to electoral management bodies are clearly defined and transparent, the removal or suspension of members should also be clearly defined in the legal framework so as to “promote the independence and impartiality of members, including provisions to protect members from arbitrary removal.” [xv] Individuals have the legal right to vote and to be elected. However, the exercise of these rights may be limited to conditions which must be laid down in democratic regulations and which may be listed as follows: In the absence of a legal mandate for reforms, the Commission`s commitment to legal and electoral reform depends largely on its ability to maintain constructive relations with the relevant committees of the National Assembly. The Commission supports its reform proposals at committee level, but also among the individual members of the committees concerned. An appropriate legal and institutional framework is of paramount importance for the realization of the right to social security. Very few electoral laws specify how evidence must be evaluated to resolve electoral disputes. Three countries are implementing a system of free evidence (Colombia, where the National Electoral Council and its delegates are free to evaluate factual evidence; Chile, where the Tribunal for the Validation of Elections will work as a jury to evaluate factual evidence; and Peru, where the national jury for elections has the power to rule on appeals that evaluate the evidence itself). Two countries require their electoral authorities to be rational (Costa Rica and Panama), while only one country introduces the system of legal evidence (El Salvador stipulates not only that no more than three witnesses may be summoned, but also that testimony will never be sufficient to overturn an electoral decree).
Mexico follows a mixed system because it recognizes not only public documents as the most valuable piece of evidence. Electoral authorities are also obliged to be rational. The overall level of EC commitment to legal reform is considerable. The Commission`s task is to review the legal framework after each election and referendum held and when deemed necessary. In practice, this means that the EC: the Commission`s Legal Service is responsible for providing legal advice; legal representation of the Commission; [7] Review of party and candidate registration documents; Contribute to relevant research on electoral and legal issues related to the Commission`s mandate. It shall be composed of competent legal practitioners who shall be permanent staff of the Commission. At the national headquarters of the Commission, the Legal Department has approximately 30 legal officers and each governmental office of the Commission employs at least one legal officer (with the exception of some States which have up to 4 lawyers). [8] In some cases, the Division also recruits legal practitioners on a contractual basis, as required.
Media Square has a universal dimension and is present in all modern democracies. Therefore, questions about the role of the media in democracy and electoral integrity are not random or secondary. Indeed, reflection on the relationship between the media and politics is an essential task to consolidate democratic change and improve the quality of our democratic coexistence. These aspects should undoubtedly be taken into account in legal instruments. Positive regulation should encourage the use of technology, which in most cases means reduced costs. However, the use of technology should not compromise the security of elections and citizens` confidence in elections, given the vulnerability of certain electronic systems in particular. The secrecy of the ballot and freedom of choice must come first. For these reasons, while the regulatory framework must be flexible enough to make the most of available technology, while the application of these technologies may influence the basic principles of elections, “such flexibility could be regulated by requiring certain types of authorization to be obtained prior to their adoption.” [iv] At the very least, it would allow for careful consideration, debate and focused decision-making.
A basic rule in most Latin American countries can be formulated as follows: court orders must be inferred from the grounds supporting the appeal and defence. No court order has the power to analyze more grounds for annulment of an election than those invoked by the person who appealed. A fundamental principle of the rule of law requires judges to decide legal questions on the basis of so-called legal principles, and one of these principles prohibits judges from acting alone (ne procedat judex ex officio); Another principle prohibits judges from ruling on proceedings that have not been initiated by a representative authorized to initiate judicial proceedings (nemo judex sine actore). Other principles prohibit judges and decisions from going beyond the issues contained in the case file (Ne eat judex ultra petita partium y Sentencia debet ese conforms libellum). Another public contribution, or indirect method of public funding, is to provide candidates with a copy of the census or updated voters` lists, with the dual purpose of enabling parties and candidates to conduct a personalized campaign and to monitor and control voter turnout during voting. In some countries, a problem has arisen with regard to the protection of valuable and personal census data for authorized purposes only. As a result, there have been cases of applications from economic groups organized for the sole purpose of obtaining these documents, which contain valuable data.