Professor Bainbridge...on law, politics, religion, culture & food

New Zealand Election Law Kerfuffle

What I know about New Zealand politics would fill a very small part of one page, but I was nonetheless fascinated by this morning’s newspaper:

Today the print edition of the New Zealand Herald carried a rare front page editorial against the far-reaching Electoral Finance Bill which restricts public advocacy and campaigning in an election year.

When is the Government going to get this message: democracy is not a device to keep the Labour Party in power.

Practically every other participant in New Zealand politics - not only parties but other interested organisations and especially guardians of political rights - has voiced concern at the implications of the Electoral Finance Bill introduced to Parliament more than three months ago.

The Human Rights Commission has described the restrictions on election activity as a “dramatic assault” on fundamental rights which “undermines the legitimacy of political processes”.

The Law Society says the bill would “make participation in our parliamentary democracy an arduous and perhaps even legally dangerous undertaking for ordinary New Zealanders”.

My first thought was, “thank God for the First Amendment.” But then I remembered that the US Supreme Court upheld McCain-Feingold, so having a written constitution didn’t prevent the same sort of incumbent-protection laws in the USA.

Anyway, it’s interesting that the new NZ law will give incumbents a huge edge. The Herald reports:

The natural advantage that sitting MPs and incumbent Governments have always had over outside candidates and other parties will increase when the Electoral Finance Bill is passed.

The disadvantage for candidates will come mainly from the tighter restrictions being placed on opponents and interest groups outside Parliament.

Incumbent protection thus seems to be a universal principle.