Needed: A law on premature election campaigning

T HE idea of “premature campaigning” was conceived to help maintain an even playing field for candidates in elections. Candidates with more money to spend have an undue advantage over poorer candidates, as they can campaign so much longer, using more expensive media with more extensive reach.

In 2009, however, the Supreme Court ruled that Republic Act 9369, the Poll Automation Law, provides that “any person who files his certificate of candidacy (COC) shall be considered a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon that start of the campaign period.”

In other words, a prohibited election act becomes unlawful only at the start of the campaign period. Any campaigning before the designated campaign period is not unlawful. Simply put, there is no such thing as premature campaigning.

So what are we to do about the increasing number of television commercials, portraying the activities and accomplishments of various government agencies, with the agency’s head – who happens to be running for some office – prominently projected in the commercial? These costly commercials were prepared and aired at the expense of the government agency concerned. They will not be reported by the candidates to the Commission on Elections as part of their campaign expenses.

The National Citizens Movement for Free Elections (Namfrel) has pointed out that this is not just premature campaigning. It is also using government funds to push a private cause – somebody’s candidacy. Since there is no law against it, the only counter-measure, it said, is to mobilize public sentiment against it.

These obvious political ads are expected to grow in number in the next four to six months – until the start of the 90-day campaign period for national candidates on February 9, 2016, and the 45-day campaign period for local candidates on March 25, 2016. When these campaign periods begin, the Comelec will start listing the commercials as part of the campaign expenses of the candidates. There is such a law limiting campaign expenses; one provincial governor has already been removed from office by the Comelec for overspending.

If the idea of premature campaigning is to be pursued, a law will have to be enacted by Congress, one specifically providing that it is in effect and punishable not just during the campaign period, but perhaps a year before the election.