Honduras

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

    Subsidies or grants from foreign governments, organizations or institutions are prohibited. Also, contributions or donations from foreign individuals or legal entities, except in the case of a family relationship up to the fourth degree of consanguinity and second degree of affinity.

  • Source

    Subsection 4 and 6, Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016. Article 50; Constitution of the Republic of Honduras, 1982. 

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

    Subsidies or grants from foreign governments, organizations or institutions are prohibited. Also, contributions or donations from foreign individuals or legal entities, except in the case of a family relationship up to the fourth degree of consanguinity and second degree of affinity. Susection 4 of the Financing, Transparency and Oversight of Political Parties and Inspection Law states that the denomination of ´Obliged Subject´ will refer to political parties, their candidates, Internal Movements of Political Parties, Political Alliances between Political Paties and Independent Candidates

  • Source

    Subsection 4 and 6, Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

  • Source

    Subsection 2, Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Contributions or anonymous donations are not accepted, except those obtained in popular collections; 

  • Source

    Subsection 2, Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Obligated subjects are banned from receiving contributions from entities or enterprises in which the state of Honduras holds shares

  • Source

    Subsection 1, Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Obligated subjects are banned from receiving contributions from entities or enterprises in which the state of Honduras holds shares

  • Source

    Subsection 1, Article 24. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Public officials and employees are prohibited from: ...; 2) To use the authority and influence of their positions to favor individuals or political organizations; 3) To use acts of government for partisan propaganda of any kind; 4) Use financial resources or State property for political propaganda; Obligated subjects are prohibited from accepting directly or indirectly contributions from public entities or companies or with state participation. Anyone breaking the rule will be resposible in administrativet, civil and criminal matter. Also, the Law states that during the last 45 days of propoganda period, inaugurations of public works and their diffusion in media are prohibited. Similarly during propoganda period until the end of election day, national and local governmental promotion campaigns are suspended

  • Source

    Article 142. Electoral and Political Organizations Law, 2004. Article 24, 32 and 32 Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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
  • Source

    Article 23. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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 For juridical persons, not above one thousan (1000) minimum wages and, for natural persons, not above two hundred (200) minimum wages.
  • Comment
  • Source

    Article 23. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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
  • Source

    Article 20, Agreement 13-2017 and Article 20, Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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 For each election, the Supreme Electoral Tribunal of Honduras publishes an Agreement, which establishes the campaign spending limits for the General Elections and details the limit that each candidate may receive.
  • Comment
  • Source

    Article 23. Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

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

    Agreement 7/17. Limits on the Spendings in electoral campaign for General Election, 2017. Article 4. 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 For each election, the Supreme Electoral Tribunal of Honduras publishes an Agreement, which establishes the campaign spending limits for the General Elections and details the limit that each candidate may receive.
  • Comment
  • Source

    Article 20, Agreement 13-2017 and Article 20, Financing, Transparency and Oversightof Political Parties and Inspection Law, 2016

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeYes, donation limit for private persons apply
  • Comment
  • Source

    Article 20 and 23. 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
  • Source

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

22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    Obligated subjects may obtain financing through loans as long as they are with banking or credit institutions or other natural persons authorized by law for this purpose.

  • Source

    Article 13. 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?
  • CodeNo
  • Comment

    Obligated subjects may obtain financing through loans as long as they are with banking or credit institutions or other natural persons authorized by law for this purpose.

  • Source

    Article 13. 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
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeYes
  • Comment

    The resources (public or private) of the obligated subjects must be deposited in separate bank accounts in institutions of the National Financial System.

  • Source

    Article 11. 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
  • Source

    Subsection 3, Article 70 and 82. Electoral and Political Organizations Law, 2004. Subsection 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?
  • CodeRepresentation in elected body | Share of votes in previous election
  • Comment

    Requirements for regular Public Funding: 10% of the "Political Debt" that each Political Party with representation in the National Congress would have obtained in the last general elections. 2% of the total valid votes, taking as a basis the elective level with the highest vote in such elections. Requirements for Public Funding related to campaigns: 20 Honduran Lempiras for each valid vote obtained at the most voted elective level. 

  • Source

    Article 82. Electoral and Political Organization´s Law, 2004. Artcile 17 and 18. 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
  • Comment

    - In regards with the 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 independent candidates, taking as a base the elective level with the most number votes obtained.

  • Source

    Article 82. Electoral and Political Organization´s Law, 2004. Artcile 17. Financial, Transparency and Oversight of Political Parties and 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

    Te Political Parties have the right to receive public financing for the maintenance of specific activities, namely: (1) Institutional strengthening; (2) Ongoing political training; 3) Promotion of women's leadership, and, 4) Promotion of youth leadership. The amount of funding must be the equivalent of ten per percent (10%) of the Political Debt that each Political Party with representation in the National  Congress would have obtained in the last general election,  as well as two percent  (2%) of the total valid votes,  based on the elective level of higher voting in those elections.

  • Source

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

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

    Obliged Subjects are banned from using public media for electoral purposes. In regards to private media propaganda, the equity principle determines that television companies can´t discriminate any political party, candidate, alliance or independent candidature in the acquisition of their services for electoral purposes. Also, Superior Electoral Tribunal has the obligation of promoting the subscription 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. Article 29. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 

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

    Political Parties are authorized to introduce into the country every four years, free of all kinds of taxes, motor vehicles, sound equipment for propaganda, computer equipment and any other material necessary for the exclusive use of the Political Party; without the value of the taxes to be paid exceeding 2 million honduran lempiras. Real estate owned by the Political Parties is exempt from the payment of taxes and municipal fees.

  • Source

    Articles 220. 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?
  • CodeNo
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeYes, funds earmarked for gender activities
  • Comment
  • Source

    Article 105-A. Electoral and Political Organizations Law, 2004. (This Article was added through a reform. Decree 54/12.)

    ARTICLE 105-A.- PRINCIPLE OF PARITY. To from the primary electoral process to be held in 2016, the Principle of Parity is established in relation to the participation of women and men in the payrolls of positions of leadership of political parties and positions of popular election; so that they are composed of fifty percent (50%) by women and fifty percent (50%) by men. The Supreme Electoral Tribunal will regulate the application of the Principle of Parity and will implement the mechanism of alternation of women and men in the integration of the Formulas and payrolls to be presented. In order to strengthen the capacities required for the Principle of Parity to be implemented with equal opportunities for women, the Supreme Electoral Tribunal from 2013 will make the budgetary forecasts for the purpose of its inclusion in the General Budget of Income and Expenditures of the Republic in order to transfer annually to the Political Parties, an amount equivalent to ten per cent (10%) of the political debt, which corresponds to each of the Political Parties. These funds should be used exclusively for the training and political promotion of women; Political Parties may apply financial mechanisms to anticipate resources and cancel debts when the transfer is received. The Supreme Electoral Tribunal shall regulate and supervise the transfer and execution of these funds and shall establish the corresponding pecuniary and administrative sanctions when they are not used for the established purpose.

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

    Subsection 16, Article 212. Electoral and Political Organizations Law, 2004.

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

    The Finance, Transparency and Control Unit will be in charge of controlling the financial behavior of each political party. The spending limits for electoral campaigns are determined by the Superior Electoral Court for each electoral process. 

  • Source

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

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code The limits for campaign expenses shall be set for each electoral process
  • Comment

    Presidential and Appointee Elections: the total number of citizens registered in the National Census is multiplied by twice the cost per vote according to the Supreme Electoral Tribunal. Legislative Elections: The total number of citizens registered in the Departmental Electoral Census is multiplied by twice the cost per vote according to the Supreme Electoral Tribunal. divided by the number of seats to be contested in the respective Department. Municipal Elections: the number of electors in the municipality, multiplied by twice the cost per vote.

  • Source

    Article 4. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. Agreement 7/17. Limits on the Spendings in electoral campaign for General Election 2017

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

    "Article 4. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 
    Agreement 7/17. Limits on the Spendings in electoral campaign for General Election 2017."

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code The limits for campaign expenses shall be set for each electoral process
  • Comment

    Presidential and Appointee Elections: the total number of citizens registered in the National Census is multiplied by twice the cost per vote according to the Supreme Electoral Tribunal. Legislative Elections: The total number of citizens registered in the Departmental Electoral Census is multiplied by twice the cost per vote according to the Supreme Electoral Tribunal. divided by the number of seats to be contested in the respective Department. Municipal Elections: the number of electors in the municipality, multiplied by twice the cost per vote.

  • Source

    Article 4. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. Agreement 7/17. Limits on the Spendings in electoral campaign for General Election 2017.

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment

    Online media are contemplated as ¨media¨ according to subsection 16 of Article 5 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017

  • Source

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

    Parties, alliances, and independent candidates must submit reports on contributions in cash or in kind to the Financing, Transparency and Oversight Unit.

  • Source

    Article 40. 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

    Parties, alliances and independent candidates must submit reports on contributions in cash or in kind to the Financing, Transparency and Oversight Unit. In each election, the parties, alliances and independent candidates must submit a report containing the general balance sheet and the statement of income and expenditures with the detail of the origin and destination of the funds administrated. They must present it 60 days after the election.

  • Source

    Article 40 and Article 46. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. Article 87; Electoral and Political Organizations Law, 2004. 

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

    "Article 48. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 
    Article 87; Electoral and Political Organizations Law, 2004. "

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    The Financing, Transparency and Auditing Unit must request the immediate publication of the accounting information in the Supreme Electoral Tribunal (TSE) website and in the  Institute for Access to Public Information (IAIP).

  • Source

    Articles 35, 37, 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 declare private contributions during the campaign and an annual report. In both cases, information on contributors must be detailed.

  • Source

    Article 25 and 43. Financial, 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

    For each election, the political parties / candidates must submit a report 60 days after the elections. It must include the balance sheet, income and expenses with details of the origin and destination of the funds administered.

  • Source

    Article 46. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. Article 87. Electoral and Political Organizations Law, 2004.

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

    For each election, the political parties / candidates must submit a report 60 days after the elections. It must include the balance sheet, income and expenses with details of the origin and destination of the funds administered.

  • Source

    "Article 46. Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017. 
    Article 87. 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 is the Supreme Electoral Tribunal (TSE), through the Financing, Transparency and Auditing Unit.

  • Source

    Articles 3, 43 and 44. Financial, Transparency and Oversight of Political Parties and Candidates law.

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

    The Financing, Transparency and Auditing Unit  is responsible for receiving and reviewing the reports submitted by candidates and parties.

  • Source

    Subsections 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 potential violator | Request additional information from others | Impose sanctions
  • Comment

    Receive the financial statements and other reports containing the income and expenses with details of the origin, amount, destination and application of the contributions. Conduct investigations about the origin, amount, destination and application of resources in cash or in kind. Request, within the framework of an investigation, the banking, fiscal and fiduciary information of the obligated subjects. To sanction, in first instance, the obligated subjects that violate the provisions of the Law.

  • Source

    Subsections 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 between 50 and 120 minimun wages. if the political party does not submit the financial reports and registration of private contributions, it must pay a fine of between 25 and 120 minimun wages. Alliances of Political Parties that do not submit within the established time limit the financial statement corresponding to the electoral process are subject to a fine electoral process, are subject to a fine between 50 and 120 minimum monthly salaries. Political parties, alliances or independent candidates that present false information in the Financial Statements incur in administrative and criminal liability.  The Public Prosecutor's Office must be immediately informed and they are subject to a fine between 100 and 200 minimum wages.

  • Source

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

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