On election bans

According to the established practices of the Supreme Election Council (YSK), the date on which election procedures and the election process begin is also accepted as the start date of the election, and it is necessary to determine the election bans that must be observed by all relevant parties from the start of the election process until the day of voting.

The start date for the 2024 local government elections was set as January 1, 2024, and as of this date, election bans have been put into effect by the Supreme Election Council.

During the election period, it is prohibited to conduct collective propaganda on public roads, in places of worship, in buildings and facilities where public services are provided, and in squares other than those designated by district election boards.

However, it is frequently seen in media reports that election propaganda is conducted in mosques, schools, and buildings and facilities where public services are provided, and that mosques are even used as election offices.

According to the Law on Political Parties No. 2820, political parties that do not comply with the principle of secularism, the prohibition on exploiting religion and things considered sacred by religion, and the prohibition on religious demonstrations are practically encouraging such practices.

Furthermore, although it is prohibited to conduct propaganda by sending messages to citizens' email addresses or by sending voice, video, and written messages to their mobile or landline phones, this ban is not observed. It is an everyday occurrence to see political parties or candidates distributing various gifts, primarily food items, in violation of the prohibition against them distributing or having distributed any gifts or promotional items, or having them distributed through third parties or institutions and organizations.

Another ignored ban is the hanging of materials such as banners, posters, placards, and party flags containing political advertisements and announcements on public institutions and organizations. Although it is prohibited for civil servants and employees of the state, public-budgeted administrations, special provincial administrations, municipalities and their affiliated departments and institutions, state economic enterprises and the institutions and partnerships they establish, as well as other public legal entities, public-benefit associations, and institutions subject to the Banking Law to participate in election work and propaganda, it is an unchanging reality in Turkey that these individuals are forced to attend election meetings and are even taken to these meetings in state-owned vehicles.

Although it is stipulated in the Law on Fundamental Provisions of Elections and Voter Registers No. 298 that ministers and members of parliament cannot use official cars and vehicles allocated for official service during their trips related to election propaganda within the country during the period from the start of election propaganda until the day following the voting day, and that there will be no welcoming or farewell ceremonies, no banquets, and no opening or groundbreaking ceremonies required by protocol during these trips, it is a frequently observed situation that these rules are also not followed.

The fact that restrictions regarding the President, who must be impartial according to the Constitution, are naturally not included in election laws is interpreted as the President being exempt from election bans, and thus no election bans are observed by the President.

Although election laws stipulate that broadcasts made during the election period must comply with the principles of impartiality, reality, and accuracy, these requirements are not taken into account by any broadcasting organizations, especially TRT.

However, in many decisions of the Supreme Election Council, it has been stated that radio and television organizations cannot make one-sided, biased broadcasts; that these organizations are obliged to ensure equal opportunity among political parties in their broadcasts within the framework of democratic rules in a way that meets the public's political expectations; and that the aforementioned organizations, which are obliged to act in accordance with justice, impartiality, and the law in their broadcasts, cannot broadcast based on race, gender, social class, or religious beliefs.

In today's world, where even the Constitution is not followed, expecting radio and television organizations to act in accordance with election laws and the bans determined by the Supreme Election Council in accordance with these laws is a surreal expectation.