Honduras

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    BLANK

  • Source

    Numerals 4 and 7, Article 24 of the Financing, Transparency and Oversightof Political Parties and Inspection Law, 2017. 

    Numeral 7, Article 19 , Bylaw of the Financing, Transparency and Oversight of Political Parties and Inspection Law, 2017. 

    Article 50; Constitution of the Republic of Honduras, 1982. 

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    According to the numeral 7 of the 19th Article of the Bylaw of the Financial, Transparency and Oversight Law, the only way  in which candidates of Political Parties or Alliances, and independant candidates could recieve donations or contributions coming from foreign natural  persons is when there´s a proved relationship in the fourth degree of consanguinity and second degree of affinity between the contributor/donor (natural person) and the candidate. 

    Article number 4 of the Financial, Transparency and Oversight Law states that the denomination of ¨Obliged Subject¨ will refer to: Political Parties and their candidates, Internal Movements of the Political Parties, Political Alliances between Political Parties and Independan Candidacies. 

     

  • Source

    Numerals 4 and 7 of Article 24 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Numeral 7, Article 19 , Bylaw of the Financing, Transparency and Oversight of Political Parties and Inspection Law, 2017

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • CommentThe only ban the law states is related to contributions or donations coming from Executives, Board Members, or Partners of mercantile companies that are associated with ilegal activities.
  • Source

    Articles 20 and 24 (numeral 5) of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    The only ban the law states is related to contributions or donations coming from Executives, Board Members, or Partners of mercantile companies that are associated with ilegal activities. 

  • Source

    Articles 20 and 24 (numeral 5) of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    Article 24, Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    Article 24, Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    The only exception of anonyous donations or contributions are the ones obtained in ¨popular collections¨, due to it´s nature. 

  • Source

    Article 24 numeral 2, Financing, Transparency and Oversight of Political Parties and Candidates Law. 

    Article 19, numeral 2, Bylaw of the Financig, Transparency and Oversight of Political Parties and Candidates Law. 

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment

    The only exception of anonyous donations or contributions are the ones obtained in ¨popular collections¨, due to it´s nature. 

  • Source

    Article 24 numeral 2, Financing, Transparency and Oversight of Political Parties and Candidates Law.  

    Article 19, numeral 2, Bylaw of the Financig, Transparency and Oversight of Political Parties and Candidates Law

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment

    BLANK

  • Source

    Article 24; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment

    BLANK

  • Source

    Article 24; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    The Law states that obliged subjects are banned from receiving contributions from entities or enterprises in which the state of Honduras has shares. 

  • Source

    Article 24; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 19; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment

    The Law states that obliged subjects are banned from receiving contributions from entities or enterprises in which the state of Honduras has shares. 

  • Source

    Article 24; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 19; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    In between the prohibitions determined for public officials we can find: 

    (...) 

    2. Using it´s authority or influences fro their offices to benefit a natural person or political organization. 

    3. Using government acts to make political propaganda. 

    4. Using financial or inkind resources belonging to the state of Honduras to make political propaganda. 

    Also, the prohibitions of contributions stated by the Financial, Transparency and Inspection Law determine that no obliged subjects can receive contributions from public entities. It clearly states that state resources can´t be used illegaly for electoral purposes, and the person that breaks this rule will be responsible in administrative, civil and criminal matter. 

    Also, the Law states that during the last 45 days of propaganda period the inaugurations of public works and their diffusion in media are prohibited. 

    During propaganda period and until the end of election day, the national and local governmental promotion campaigns are suspended.  

  • Source

    Article 142; Electoral and Political Organizations Law, 2004. 

    Articles 24 , 30 and 32 Financial, Transparency and Oversight of Political Parties and Candidates, 2017. 

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

    BLANK

  • Source

    Article 23 of the Financial, Transparency and Oversight of Political Parties and Candidates 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 The limit for contributions from natural persons is of at most 200 minimum wages, equivalent to two million thirty-three thousand six hundred Lempiras, and legal persons can contribute an amount of at most 1000 minimum wages, equivalent to ten million one hundred and sixty-eight Lempiras. Both natural and legal persons, can contribute to all kinds of obliged subjects without being able of overtaking the maximum amounts detailed before.
  • Comment

    All contributions have to be registered and every donor or contributor identified. 

  • Source

    Article 23; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 20; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeYes, for both natural and legal persons
  • Comment

    The law doesn´t specify if the contributions are strictly for election periods or in general, the bylaw states that natural and legal persons can contribute to political parties, candidates and alliances, which are only active during elections periods. 

  • Source

    Article 20. Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • Code-Natural persons can make contributions of at most two million thirty-three thousand six hundred Lempiras. (2,033,600.00 L.) | -Legal Persons can make contributions of at most ten million one hundred and sixt-eight thousand Lempiras. (10,168,000.00 L.)
  • Comment

     BLANK

  • Source

    Article 20. Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law. 

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment

    BLANK

  • Source

    Agreement No. 007-2017. Limits on the Spendings in electoral campaign for General Election 2017.

    Article 4. Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law.

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code The Supreme Electoral Tribunal of Honduras published Agreement No. 007-2017, Limits on the Spendings in electoral campaign for General Election 2017. in which they detail the limit every single candidate can receive.
  • Comment

    BLANK

  • Source

    Agreement No. 007-2017. Limits on the Spendings in electoral campaign for General Election 2017.

    Article 4. Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law. 

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source

    Article 24. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Articles 18 and 19. Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment

    BLANK

  • Source

    Article 20 and 23. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 20. Bylaw of Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Agreement No. 007-2017 of the Supreme Electoral Tribunal. 

22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment

    BLANK

  • Source

    Article 20; Bylaw of Financial, Transparency and Oversight of Political Parties and Candidates law, 2017. 

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment

    The only limitation in regards with commercial activities is the prohibition of receiving contributions or donations from executives, board members and partners of mercantile enterprises associated with ilegal activities. 

  • Source

    Article 20, 24 and 28; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 19; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeSometimes
  • Comment

    The law determines, in regards with loans, that obliged subjects are allowed to take them only with banking institutions or credit institutions or other persons, whether natural or legal, including natural persons authorized by law (non-bank lenders) for such purpose. 

  • Source

    Article 23; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 12; Bylaw Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

     

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeYes
  • Comment

    The law determines, in regards with loans, that obliged subjects are allowed to take them only with banking institutions or credit institutions or other persons, whether natural or legal, including natural persons authorized by law (non-bank lenders) for such purpose. 

  • Source

    Article 23; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 12; Bylaw Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017.

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment

    Every citizen has the right to participate in elections and to be elected. 

  • Source

    Article 37; Constitution of the Republic of Honduras, 1982. 

27. Are there provisions requiring donations to go through the banking system?
  • CodeYes
  • Comment

    The Law states that both kind of financing, public and private, to the obliged subject should be made throught differentiated bank accounts according to the type of financing in the national financial system.  Also, Alliances of Political Parties, Independent Candidates and Candidates and Candidates must accredit a financial officer in accordance with the format determined by the Unit, which may be a natural or legal person, who will be in charge of and responsible for the presentation and veracity of the reports, financial statements, reports, notifications and others before the Unit. 

  • Source

    Article 11; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Articles 4 and 8. Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, both regularly and in relation to campaigns
  • Comment

    BLANK

  • Source

    Numeral 3-Article 70, Article 82; Electoral and Political Organizations Law, 2004. 

    Numerals 10 and 12-Article 5, Article 17, Article 18 ; Financial, Transparency and Oversight of Political Parties and Candidates, 2017. 

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of votes in previous election | Share of seats in previous election | Participation in election
  • Comment

    Requirements for regular Public Funding: 

    1. 10% of the Political Debt that the Political Party with representation in the Congress, obtained in the last general election. 

    2. 2% of the total of valid votes, taking as a base for this calculation, the elective level with more quantity of votes obtained. 

    Regulation of Public Funding in relation to campaigns, or Political Debt: 

    1. 20 Lempiras for every valid vote obtained in the elective level that received the major quantity of votes. 

  • Source

    Article 82; Electoral and Political Organization´s Law, 2004. 

    Artcile 17; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received | Proportional to seats received
  • Comment

    - In regards with financing of specific political activities, the law states that political parties are entitled to public funding of an amount that is equivalent to 10% of the value of the political debt with the condition that the political party gained representation in the Congress at the last election (at least one congressman), and also 2% of the total of valid votes of all political parties and independant candidates, taking as a base the elective level with the most number votes obtained. 

    - The allocation of the Political Debt will be granted to political parties and independant candidates that patricipate in a general election, an amount of 20 Lempiras for each valid vote obtained in the most voted elective level. No political party can receive less than 15% of the total amount asigned to the political party that obtains the most votes, unless that it only registers less than 10,000 votes in the most voted elective level. 

  • Source

    Article 82; Electoral and Political Organizations Law, 2004. 

    Article 17: Financial, Transparency and Oversight of Political Parties en Candidates Law, 2017. 

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeOngoing party activities | Intra-party institution
  • Comment

    Public funding should be destined for the following party activities: 

    1. Institutional Strengthening. 

    2. Permanent political training. 

    3. Promotion of Women Leadership. (Superior Electoral Tribunal will transfer -anually- 10% of their corresponding policital debt amount to each political party, these will have to invest the funds in the promotion and political training for women.

    4. Promotion of juvenile leadership. 

    Also, la denominated Political Debt is destined for electoral financing.

  • Source

    Articles 82 and 105-A; Electoral and Political Organizations Law, 2004. 

    Article 17; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Free access to tv media coverage and propaganda is only extended to private media. It´s ´prohibited to use anykind of public media for electoral purposes. 

  • Source

    Article 141; Electoral and Political Organizations Law, 2004. 

    Article 29; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment

    Obliged Subjects are banned from using public media with electoral purposes. In regards to private media propaganda, the equity principle determines that television companies can´t discriminate any political party, candidate, alliance or independant candidature in the adquisition of their services for electoral purposes. Also, Superior Electoral Tribunal has the obligation of promoting the suscription of an agreement based in equity principle, that allows political parties the possibility of having access to private media coverage. 

  • Source

    Article 141; Electoral and Political Organizations Law, 2004. 

    Articles 28 and 29; Financial, Transparency and Oversight of Political Parties and Candidates, 2017. 

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment

    BLANK

  • Source
35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment

    Electoral and Financial legislation determines that political parties are authorized to introduce to the country every 4 years, free from anykind of taxes, surcharges and rights, photographic implements, automobiles, stereo for propaganda, computer equipment and any other machinery or materials that are necessary for exclusive use of the party, the only condition is that the total value of the taxes doesn´t exceed from 2 million Lempiras. 

    Also, the law contemplates that Superior Electoral Tribunal will send to Congress the estimated values of the amounts that political parties that are participating in electoral process will spend in the divulgation of their government programs  in order to be included in the general budget of income and expenses. 

  • Source

    Articles 220 and 226; Electoral and Political Organizations Law, 2004. 

    Article 50; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeYes
  • Comment

    In regars with pubic funding destined to the financing of specific political activities, political parties have the right to receive funding that can be invested in promotion of womens leadership. 

  • Source

    Article 17: Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeYes, funding to women's wings
  • Comment

    Electoral legislation states that, since 2013, political parties receive 10% of the amount asigned of political debt. These funds should only be used for training and promotion of women´s participation in politics. 

  • Source

    Article 105-A: Electoral and Political Organizations Law, 2004. (This Article was added through a reform contained in Decree 54-2012.). 

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    BLANK

  • Source

    Numeral 1 Article 209; Electoral and Political Organizations Law, 2004.  

    Numeral 16 Article 212; Electoral and Political Organizations Law, 2004. 

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment

    The limits on the spendings for electoral campaigns are determined by the Superior Electoral Tribunal  for each electoral process and the Financial, Transparency and Oversight Unit will be in charge of controling each political party´s financial behavior. 

  • Source

    Numeral 15 Article 5, Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 14;  Financial, Transparency and Oversight of Political Party and Candidates Law, 2017. 

     

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code The limits are described in Agreement No. 007-2017.
  • Comment

    When political parties contribute or   pay their candidates campaign, the amount of money used will be tabulated to the respective candidate that received the contribution, with the condition that it remains within the limits aloud for each candidate to spend in electoral campaigns. 

    In the case of the elective level of President and Designees multiplying the total number of citizens registered in the National Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). In the case of the elective level of Deputies to the National Congress multiplying the total number of citizens registered in the Departmental Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). it will be divided among the number of positions to compete in the respective Department. In the case of the elective level of Municipal Corporations, the number of voters in the municipality in question will be multiplied by twice the cost per vote.

  • Source

    Article 15; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Agreement 007-2017 of the Limits on Spendings of General Election Campaign 2017. 

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    Limits for candidates corresponding to each elective level and each political department are expressed in the ¨Agreement No. 007-2017 of the Limits to Spendings in General Election 2017¨. 

  • Source

    Article 14 and 5 Numeral 15; Financial,Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Agreement No. 007-2017 of the Limits to Spendings in General Elections 2017. 

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code The limits for every elective level are determined in Agreement No. 007-2017.
  • Comment

    In regards to the formulas, In the case of the elective level of President and Designees multiplying the total number of citizens registered in the National Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). In the case of the elective level of Deputies to the National Congress multiplying the total number of citizens registered in the Departmental Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). it will be divided among the number of positions to compete in the respective Department. In the case of the elective level of Municipal Corporations, the number of voters in the municipality in question will be multiplied by twice the cost per vote.

  • Source

    Article 15; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Agreement No. 007-2017 of the Limits to Spendings in General Election Campaign 2017. 

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment

    BLANK

  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    However, nor political parties nor independant candidates can exceed the limits established on Agreement 007-2017 regarding limits on  the spendings of general election. 

  • Source

    Chapter IV of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    In this case, social media and internet are contemplated in the category of ¨media¨ according to numeral 16 of Article 5 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017; so, the general limits of campaign established at Agreement 07-2017 apply to social media and internet advertising. 

  • Source

    Numeral 16 of Article 5 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment

    BLANK

  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    Obliged subjects have to  render accounts to the Financial, Transparency and Oversight Unit of all the contributions they receive in cash and in kind. Also, they have to must establish a differentiated accounting system for the control and registration of your financial operations, income and expenditures, both for public and private financing, the reports must contain the Balance Sheet and the State of Results duly audited for each fiscal year. 

  • Source

    Article 40 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017.

    Article 7 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    The report must be submitted by obliged subjects, in relation to each primary and general election, 60 days after the declaration of elected officials made by the Supreme Electoral Tribunal. 

  • Source

    Article 40 of the Differenciated Accounting and Status of the Results; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 46 of the Report of Spendings in Primary Elections and Electoral Process; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    BLANK

  • Source

    Article 46: Financial, Transparency and Oversight of Political Parties and Candidates law, 2017. 

    Article 48 of the Reports that must be submitted by candidates of internal movements and political parties; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 7; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment

    BLANK

  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    The Financial, Transparency and Oversight of Political Parties and Candidates Unit has to order the immediate publication of accounting information from obliged subjects in the Supreme Electoral Tribunal website and in the Access to Public Information Insitute website. Also, political parties have the obligation to publish the information in a newspaper with nation wide circulation. Every citizen has the right to access accounting informations and the rest of reports of the obliged subjects. 

  • Source

    Article 87; Electoral and Political Organizations Law, 2004. 

    Articles 35-39, 44 and 45; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    Political Parties must submitt anual reports that have to contain in the annex a complete list of natural and legal persons that realized economic donations in the period, this list must have personal identification data of the donor, tax identification, date and amount of the contribution. 

  • Source

    Article 43; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 20: Bylaw of the Transparency and Oversight of Political Parties and Candidates Law, 2017. 

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Obliged subjects must present, 60 days after the official declaration of elections,  for both primary and general elections, a report that contains a balance sheet and the status of certificated and audited results of the income and spendings with the detail of the origin and the destiny of the contributions. 

  • Source

    Article 46; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 6; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 87 of the Electoral and Political Organizations Law, 2004.

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    Obliged subjects must present, 60 days after the official declaration of elections,  for both primary and general elections, a report that contains a balance sheet and the status of certificated and audited results of the income and spendings with the detail of the origin and the destiny of the contributions. 

  • Source

    Article 46; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 6; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Article 87 of the Electoral and Political Organizations Law, 2004.

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB | Special agency for political finance
  • Comment

    The  institution in charge of receiving the reports is the Financial, Transparency and Oversight of Political Parties and Candidates Unit and the Supreme Electoral Tribunal. 

  • Source

    Article 43 of the Financial, Transparency and Oversight of Political Parties and Candidates law. 

    Article 87 of the Electoral and Political Organizations Law, 2004. 

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeSpecial agency for political finance
  • Comment

    The Financial, Transparency and Oversight of Political Parties and Candidates Unit is in charge of reveiving and reviewing the reports submitted by obliged subjects. 

  • Source

    Numerals 5, 6, 7 and 8 of Article 10; Financial, Transparency and Oversight of Political Parties and Candidates, 2017. 

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeCarry out investigation | Request additional information from others | Impose sanctions
  • Comment

    The Unit has the attribution of receiving the financial audited reports that contain the incomes and spendings with the detailed information about the origin, destiny and amount of the contributions. Also, it could realize the necessary analysys and investigations in order to prove the conformity of the financial status and reports presented by the obliged subjects. Another attribution is the realization of special investigations ex officio or based in party requests about the amount, origin and destiny of the resources contributed to the electoral campaign to the obliged subjects.  The Unit could require to competent institutions, in the middle of investigations origined by a suspicious activity of an obliged subject, banking, fiscal and fiduciary information. Finally, the unit has the competence to impose sanctions to obliged subjects that violate the Financial, Transparency and Oversight of Political Parties and Candidates Law. 

    The Supreme Electoral Tribunal (TSE) is competent to decide the challenges against the resolutions issued the Unit, after the investigation procedures realized by the Unit (although Article 56 of the Law states that the Supreme Electoral Tribunal is also competent to impose sanctions throught he Unit).

  • Source

    Numerals 7, 8, 12, 13 and 15 of Article 10; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

58. What sanctions are provided for political finance infractions?
  • CodeFines | Suspension of political party | Other
  • Comment

    If Political Parties, Political Alliances and Independant Candidatures do not present the balance sheet and the status of results, certifications of the income and expenses with the information of the origin and destiny of the contributions in the established deadlines they´ll receive a fine of 50 minimum wages, with the possibility of presenting within the next 5 days of the imposition of the fine; if the financial statements are not presented in those 5 days, the obliged subjects will receive a fine worth 100 minimum wages. If the non-compliance persists, the obliged subjects will have 5 extra days in order to complete the requierements, if they don´t, the authorities of the political party will be suspended. Once the Party Authorities are suspended,  the obliged subjects will have a 10 day term in order to complete the requierements, if they don´t, the Supreme Electoral Tribunal will procede to suspend the legal personality of the political party, with the possibility of denouncing the non-compliance to the Supreme Court of Accounts and the office of the Attorney General. 

    If the obliged subjects exceed the maximum amounts determined for campaign spendings, they´ll receive a fine worth double the amount they exceeded in comparison of the limit imposed by the competent authority. 

  • Source

    Articles 56-62; Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

    Articles 28-30; Bylaw of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

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