Premature campaigning

The campaign period has not yet officially started, but it’s clear that the campaign is on for most of those who filed their certificates of candidacy or COCs earlier this month. For some, the campaign in fact started months ago, when they decided to seek elective posts in May 2019.

Even with the filing of COCs, however, Republic Act 9369, enacted in 2007 and providing for automated elections, defines a person as a candidate only during the campaign period. The law effectively eliminated premature campaigning by declared candidates, which was an offense under the Omnibus Election Code. RA 9369 was seen to favor candidates with vast resources as well as incumbent officials seeking reelection.

Now the Senate committee on electoral reforms and people’s participation is recommending the restoration of the provision in the election code and to make premature campaigning a criminal offense.

Most candidates should welcome limits to campaign activities. It means less expenditures and more time to prepare for the positions that they are applying for. It allows them to finesse campaign platforms that they intend to genuinely pursue in case of victory. Candidates should also welcome tighter regulation of campaign finance. It can reduce expenditures and level the playing field for candidates with different financial capabilities.

Rules on election spending also do not cover expenditures incurred when declared candidates campaign before the official start of the campaign period. Campaign finance is opaque enough without this additional layer of opportunity for skirting efforts to promote transparency and accountability. Dirty money – from drugs,

jueteng, smuggling, kidnapping for ransom and other illegal activities – are easily laundered into election campaigns. President Duterte, who has declared war on narco politics, should support efforts to bring transparency to campaign finance.

The rules should be clear and consistent: there is an official campaign period, and it should cover a person who has officially declared his or her candidacy by filing a COC. The law may have eliminated the offense, but common sense shows that there is such a thing as premature campaigning, and it should be prohibited.