What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?
Bhutan
- EMB (highest level)
- Court of general jurisdiction(including Supreme Court)
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 partyor candidate is found guilty of violating sections 77, 79 and 84 of this Act.
Election Act of the Kingdom of Bhutan, 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 Public ElectionFund in a non-discriminatory manner to the registered political parties andcandidates 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 theprovisions of section 284 or 285 shall be guilty of the offence of the felonyof 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.