Title
Amendment on Guest Candidacy Prohibition
Law
Presidential Decree No. 1661-a
Decision Date
Jan 3, 1980
The amendment to Presidential Decree No. 1661 prohibits political parties from nominating candidates from other parties, unless they have been affiliated for at least six months prior to the election, in order to align with constitutional provisions.

Constitutional purpose and legal basis

  • Presidential Decree No. 1661-A was issued to avoid ambiguity in the interpretation of Section 1 of Presidential Decree No. 1661.
  • The amendment is intended to align the rule on guest candidacy with Sections 2 (6) and 10, Article XII (C) of the Constitution.
  • The President acted under powers vested by the Constitution.

Amended rule on guest candidacy

  • Section 1 declares that guest candidacy is prohibited in the form of cross-party nomination/support by political parties.
  • Section 1 makes it unlawful for any registered or accredited political party to nominate and/or support an official candidate.
  • The prohibition applies when the candidate belongs to another accredited or registered party.
  • The exception is tied to affiliation time: the candidate must have affiliated with the nominating party at least six months before the election.
  • Section 1 therefore permits nomination/support only if the required affiliation period of at least six months before the election is satisfied.

Who is covered and how the ban operates

  • The regulated actors are registered or accredited political parties.
  • The barred conduct is a party nominating and/or supporting a candidate who is affiliated with another accredited or registered party.
  • The controlling condition is the candidate’s affiliation with the nominating party.
  • The time requirement is at least six months before the election, measured from the election date back to the start of affiliation with the nominating party.

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