Accountability requires prosecution of persons who have committed electoral offenses. Failure to prosecute offenses encourages disregard of electoral rights. Prosecutorial accountability is crucial to protecting the rights of candidates and voters and ensuring that elections are administered fairly and in a non-discriminatory manner. Police accountability to act impartially toward all political contestants must include acting affirmatively to ensure that electoral-related rights are protected and promoted without discrimination. An additional commitment on accountability could provide that, should there be a violation of the law, an offender must be held legally accountable for the violation and sanctions imposed according to the law. Legislation must provide for sanctions for violation of electoral rights and law and be clear as to what conduct constitutes a violation. Punishment must be proportional to the offence. It is important that the law provide deterrents to protect electoral rights, and persons guilty of unlawful actions or omissions, should bear responsibility in accordance with law. In order for this to be realized, the law must clearly designate which State authorities have responsibility to the full and timely investigation of election violations in order to hold perpetrators accountable. C. Public Confidence Public confidence is one of the fundamental requirements of a democratic society. There are many factors that can influence public confidence in elections. These factors encompass all aspects of the election process, beginning with the choice of the election system13, drafting of legislation, guaranteeing the rights of voters and candidates to receive and impart information, and ensuring full participation in elections without discrimination. In order for citizens to have broad public confidence that government is actively pursuing a policy that achieves these goals and not being complacent in the face of unexecuted legal provisions, participating States should ensure that all State authorities, including regional and local as well as national authorities, demonstrate the necessary political will to conduct competitive elections and guarantee both voter and candidate rights. Participating States should be prepared to deliver a democratic process conducted in accordance with OSCE commitments and other international standards. Participating States should also take necessary actions to address recommendations made by the OSCE/ODIHR to improve the framework for democratic elections. Public confidence is enhanced when citizens are assured that the State is actively trying to improve election processes and displays a demonstrated will to realize democratic elections. It is important for a State to be committed to an open and transparent legislative process when choosing an electoral system and rules for conducting elections. Legislation should be formulated and adopted at the end of a public procedure. It is important that different views and public opinions are considered when enacting electoral legislation. An additional commitment to enhance public confidence could recognize that comprehensive and inclusive public consultations should be held, with consideration to broad views and opinions, when deciding important issues such as the choice of election system and election-related legislation. It is important that these consultations be timely, inclusive and devote adequate time to discussion of key issues addressed by the election legislation. 13  The rules that transform votes cast for parties and candidates into seats. Common Responsibility: Commitments and Implementation 89

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