Guatemala

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • CommentBan does not apply to foreign educative entities andfoundations which can make donations for training activities. These donations must be dulyreported within 30 days to the EMB.
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2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • CommentContributions to candidates have to be channeled through their political orgainzations and can not be given directly to the candidate.
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3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
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4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • CommentContributions to candidates have to be channeled through their political organizations and can not be given directly to the candidate.
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5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
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6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • CommentContributions to candidates have to be channeled through their political orgainzations and can not be given directly to the candidate.
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7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment
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8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • CommentAll donations to any candidate must be channeled through the political organization and can under no circumstances be anonymous.
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9. Is there a ban on donations from corporations with government contracts to political parties?
10. Is there a ban on donations from corporations with government contracts to candidates?
11. Is there a ban on donations from corporations with partial government ownership to political parties?
12. Is there a ban on donations from corporations with partial government ownership to candidates?
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    It is forbidden to use state resources or goods for electoralpropaganda.

    ?

    Itis banned that public officers and employees get involved in electoralactivities during working hours or make use of their powers or influence infavour or against any political organization or candidate.
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14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment
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    ARTICULO 21." Del financiamiento de las organizaciones políticas y campañas electorales. […] f) Ninguna persona individual o jurídica podrá hacer aportaciones que sobrepasen el diez por ciento (10%) del límite de gastos de la campaña; y, […]" (Source: (Ley Electoral y de Partidos Políticos, Decreto No. 1-85, January 2007 (Electoral Law)) )

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code Limit is 10% of the limit imposed on campaign expenses.
  • CommentThe limit applies equally to legal and natural persons
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16. Is there a limit on the amount a donor can contribute to a political party during an election?
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • CommentThe limit applies equally to juridical andnatural persons.
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18. Is there a limit on the amount a donor can contribute to a candidate?
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
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20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly
  • CommentThe State shall contribute, in quetzales, an equivalent of two US dollars per vote to political parties that have received at least 5% of the total valid votes. The payment is annual.
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29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Share of votes in previous election
  • CommentThe political party must meet one of the following criteria:
    • Have obtained at least 5% of the valid votes in the previous national election; or,
    • That one of its candidates was elected to the National Assembly.
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30. What is the allocation calculation for political parties to receive public funding?
  • CodeFlat rate by votes received
  • CommentFlat rate of US$ 2 [I$ 2] per valid vote.
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNo
  • Comment
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32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • CommentOnly to state owned media (radio and television)and during electoral campaigns.
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33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment
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34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment

    Only to political parties

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35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • CommentFrom the day of call for elections to one month after the end of elections, the politicalparties will be excused from any post or telegraphic expenses while conducting oversightrelated activities. Upon request, free use of municipal halls and other suitable venues is granted for up to one meeting every three months. Parties have the right to use poles located within the public highway and other places commonly used for placement of electoral propaganda.
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
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37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
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Question Value
38. Is there a ban on vote buying?
  • CodeNo
  • Comment
  • Source
39. Are there limits on the amount a political party can spend?
  • CodeYes
  • CommentIt is an overall limit for expenses in allcampaigns.
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40. If there are limits on the amount a political party can spend, what is the limit?
  • Code An amount equal to the result of multiplying the number of registered voters by the equivalent in Quetzals to one US Dollar.
  • CommentThe number of registered voters at the end ofthe year prior to that of the general election is used.
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41. Are there limits on the amount a candidate can spend?
  • CodeNo data
  • Comment
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42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNo data
  • Comment
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43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • CommentThe political organizations should take accounting of the contributions they receive. The register shall be public. They are required to file annual reports on the handling and application of public and private funding.
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48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • CommentNo specific election-related reports. In election years, the annual report should include specific information on campaign incomes and expenses.
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49. Do candidates have to report on their election campaign finances?
  • CodeNo
  • CommentOnly political parties are liable for submittingfinancial reports.
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50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • CommentThe EMB shall make public the annual and campaign reports by the means deemed necessary
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52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • CommentAlong with the identity, the amount and date ofthe donations should also be reported and made public.
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53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • CommentThe EMB has an electoral audit unit, which is responsibleof receiving, reviewing and auditing all financial reports submitted.
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeNo institution specified
  • Comment

    The EMB has the powers to audit?the finances of ?political parties?at any time,though there is no ?explicit provision to investigate alleged breaches.

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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
58. What sanctions are provided for political finance infractions?
  • CodeFines | Deregistration of party | Suspension of political party
  • CommentFollowing sanctions can be directed towards political parties violating legislation: a) Warningsb) Finesc) Temporary Suspensiond) Deregistration.
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Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.