What types of sanctions can be imposed for campaign finance infractions?

Bhutan

Bhutan

Answer
  • Fines
  • Cancellation of candidate/party registration for election
  • Withdrawal of public funding
  • Removal from elected office
  • Forfeiture
  • Dissolution of a political party
Source

PublicElection Fund Act of the Kingdom of Bhutan, 2008

http://www.election-bhutan.org.bt/wp-content/uploads/2013/04/PublicElectionFundActEnglish.pdf

86. The Election Commissionshall have authority to direct the forfeiture and demand the refund of the Fundand impose a fine of an amount equal to the prohibited expenditure if a party orcandidate is found guilty of violating sections 77, 79 and 84 of this Act.

Election Act of the Kingdom ofBhutan, 2008

http://www.election-bhutan.org.bt/wp-content/uploads/2013/04/ElectionActEnglish.pdf

Dissolution ofPolitical Party

146. A politicalparty shall stand dissolved only by declaration of the Supreme Court:

(a) If theobjectives or activities of the political party are

in contraventionof the provisions of the Constitution

of the Kingdom ofBhutan;

(b) If it hasreceived money or assistance from foreign

sources;

(c) If it hassolicited or resorted to collection of funds

from privateindividuals or any agency other than

from itsregistered members;

(d) On violationof this Act; or

(e) On any otherground as prescribed by Parliament or

under any law inforce in Bhutan.

147. The ElectionCommission may remove the name of a political party from the Register ofPolitical Parties, if:

[…]

180. Thedisqualifications referred to in section 179 (a), (b), (c), (d), (e) and (f)shall be permanent.

[…]

CHAPTER 15

PUBLIC CAMPAIGNFINANCING

State Funding ofElections

277. Parliamentshall establish by law, a Public Election Fund

into which shallbe paid every year such amount as the Election Commission may considerappropriate for funding registered political parties and candidates atelections to Parliament.

278. The ElectionCommission shall make the payment out of

the PublicElection Fund in a non-discriminatory manner to the registered politicalparties and candidates in accordance with law made by Parliament.

Political Partiesentitled to accept Contributions

279. A politicalparty shall, subject to the provisions of any

other law, onlyaccept contribution voluntarily offered to it

by any of itsregistered members of such amount not

exceeding thetotal ceiling fixed by the Election

Commission.

Contributions

280. The ElectionCommission shall fix the ceiling on

contribution thatparty members may make to registered

political partiesparticipating in elections to the National

Assembly.

Provided that allsuch contributions shall be made

voluntarily andmust not be given to receive any favours,

political orotherwise and provided further that all such contributions shall be made bycheques and must be declared before the Commission.

281. No personshall receive any contribution from any member

of the party or onbehalf of any registered political party,

unless the personhas been authorized in writing in this

behalf by theconcerned party and such contributions are

accounted for andin keeping with other provisions of this

Act.

282. Any personcontravening the provisions of section 280 or

281 shall beguilty of the offence of felony of the fourth

degree and thepolitical party liable for action under

section 146.

Maximum Limits ofElection Expenses

[…]

284. Everycandidate and registered political party shall

maintain theday-to-day accounts in a prescribed form of

all contributionsreceived and all expenses incurred or

authorized inrelation to the election from the date the

election isannounced by the Election Commission and till

the date ofdeclaration of result of the election.

285. No personshall incur or authorize any election expenses for or on behalf of anycandidate or registered political party, unless the person has been authorizedin writing in this behalf by the candidate or his/her election

representative orby the party concerned or its election

representative.

286. Any person contravening the provisionsof section 284 or 285 shall be guilty of the offence of the felony of the

fourth degree and in the case of the political partybe liable

for action under section 146.

Time limit forFiling of Return of Election Expenses

287. Everycandidate and registered political party shall, within thirty days of thedeclaration of result of an election, furnish to the Election Commission areturn, in the prescribed form, setting out the relevant details of allcontributions received by the candidate or party and all expenditure incurredor authorized by him/her or it in relation to elections.

288. If any candidate or a politicalparty contravenes section 287, the candidate shall be liable for action undersection 180 and the political party liable under section 146.

Comment

Campaignfinance infractions also involve criminal prosecution. Please refer to part 4for more details. 

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