Libya
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.
Source
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission. |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) Source
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) Source
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) Source
Art 9, 'Political Entities and Candidates shall have the right to accept financial donations from Libyan normal citizens or legal persons but it is not permitted in any case to receive any support or fund from foreign or illegal sources' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
All sources of funding must be disclosed, Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) Source
All sources of funding must be disclosed. Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) Source
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No data
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No data
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No data
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No data
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
Art 8, '5. Recruitment or use of state institutions, exploiting its facilities, premises, means of transportation, communications equipment, machinery or any other possibilities for the election advertising is directly or indirectly are prohibited, nor may any of the state institutions or its employees distribute advertising leaflets or any other works for or against a candidate or a particular political entity. 6) No mosques, schools, colleges, institutes and military camps to be used for election campaigning.7) It is strictly prohibited to abuse power or use public offices to engage in any activity of campaigning to influence voters in favor of any of the candidates.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for legal persons
Comment
The Answer could be a YES because Art 13, in law 59 says: there is a limit or maximum value ( even if not specified) for Libyan individuals and organizations regarding their financial contribution (NOT SPENDING) to candidates throughout their election campaigns.election campaigns. Source
Art 13, 'Each Libyan citizen or organization may contribute up to the maximum value of the spending limit assigned to the candidate or political entity contesting the election in each constituency and candidates and political entities may use such contributions in their election campaigning with the condition they comply with the rules of disclosure and reporting of finance.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
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
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for legal persons
Comment
The Answer could be a YES because Art 13, in law 59 says: there is a limit or maximum value ( even if not specified) for Libyan individuals and organizations regarding their financial contribution to candidates throughout their election campaigns. Source
Art 13, 'Each Libyan citizen or organization may contribute up to the maximum value of the spending limit assigned to the candidate or political entity contesting the election in each constituency and candidates and political entities may use such contributions in their election campaigning with the condition they comply with the rules of disclosure and reporting of finance.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
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
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
Comment
No limit other than donations cannot exceed the total spending limit. Source
Art 13, 'Each Libyan citizen or organization may contribute up to the maximum value of the spending limit assigned to the candidate or political entity contesting the election in each constituency and candidates and political entities may use such contributions in their election campaigning with the condition they comply with the rules of disclosure and reporting of finance.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No data
|
21. Is there a limit on in-kind donations to political parties? |
Code
No data
|
22. Is there a limit on in-kind donations to candidates? |
Code
No data
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
No data
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No data
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No data
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No data
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
Because Art 10, in law 59 says: it is not permissible to use public money such as (Government Annual Budget, ministries, public companies foundations) for funding election campaigns or political parties. Source
Art 10, in law 59 says: it is not permissible to use public money such as (Government Annual Budget, ministries, public companies foundations) for funding election campaigns or political parties. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Other
Comment
Because Art 10, in law 59 stated the criteria or public bodies who are not allowed to fund political parties such as (Government Annual Budget, ministries money, public companies or foundations money). Source
Art 10, in law 59 stated the criteria or public bodies who are not allowed to fund political parties such as (Government Annual Budget, ministries money, public companies or foundations money). |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
Source
Art 28, 'The central administration of the Commission organizes the use of the public media, both audiovisual and print, to advertise for the election on equal bases to all candidates.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
Art 28, 'The central administration of the Commission organizes the use of the public media, both audiovisual and print, to advertise for the election on equal bases to all candidates.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
Art 35, 'The following actions will result in a prison sentence that does not exceed one (1) year and a financial fine that does not exceed five thousand Libyan Dinars (5,000 LYD):... 2. Offering and/or pledging to personally benefit a voter in exchange for influencing their vote.' (Source: Law No. 4 of 2012, the General National Congress election) Art 8.2, 'Prohibition of exercising any form of pressurizing, intimidation, distrust and expiation, or hinting of enticement or promising of materialistic or moral gains to the voter, whether private or public. ' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission.) |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Source
The High National Election Commission determines the expenditure limit for election campaigning in each constituency respectively. Art. 15.'Upon the announcement of the preliminary candidates lists, the Commission determines the expenditure limit for election campaigning in each constituency respectively. The announcement will be disseminated via all available mass media. All candidates shall be bound to spend on their elections campaigns within the expenditure limit determined for the constituency where they are registered.' (Source: Regulation on Electoral Campaigning for the CDA Election Annexed to BOC Decision 46 (2013)). |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Determined by The High National Election Commission.
Source
Art. 15.'Upon the announcement of the preliminary candidates lists, the Commission determines the expenditure limit for election campaigning in each constituency respectively. The announcement will be disseminated via all available mass media. All candidates shall be bound to spend on their elections campaigns within the expenditure limit determined for the constituency where they are registered.' (Source: Regulation on Electoral Campaigning for the CDA Election Annexed to BOC Decision 46 (2013)). |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
The High National Election Commission determines the expenditure limit for election campaigning in each constituency respectively. Art. 15.'Upon the announcement of the preliminary candidates lists, the Commission determines the expenditure limit for election campaigning in each constituency respectively. The announcement will be disseminated via all available mass media. All candidates shall be bound to spend on their elections campaigns within the expenditure limit determined for the constituency where they are registered.' (Source: Regulation on Electoral Campaigning for the CDA Election Annexed to BOC Decision 46 (2013)). |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Determined by The High National Election Commission.
Source
Art. 15.'Upon the announcement of the preliminary candidates lists, the Commission determines the expenditure limit for election campaigning in each constituency respectively. The announcement will be disseminated via all available mass media. All candidates shall be bound to spend on their elections campaigns within the expenditure limit determined for the constituency where they are registered.' (Source: Regulation on Electoral Campaigning for the CDA Election Annexed to BOC Decision 46 (2013)). |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit exists
Source
The High National Election Commission determines the expenditure limit for election campaigning in each constituency respectively. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No data
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No data
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No data
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
No
Comment
Only in relation to election campaigns Source
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.'Art 14, 'All finance information of the election campaigning including those deposited in the special bank account and contributions and expenditure of the candidates and political entities must be made available to the public by the Commission. All the following are considered criminal crimes: Providing forged finance reports, failing to provide them or recording it in a way hinders the Commission from reviewing or auditing it.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.'Art 14, 'All finance information of the election campaigning including those deposited in the special bank account and contributions and expenditure of the candidates and political entities must be made available to the public by the Commission. All the following are considered criminal crimes: Providing forged finance reports, failing to provide them or recording it in a way hinders the Commission from reviewing or auditing it.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.'Art 14, 'All finance information of the election campaigning including those deposited in the special bank account and contributions and expenditure of the candidates and political entities must be made available to the public by the Commission. All the following are considered criminal crimes: Providing forged finance reports, failing to provide them or recording it in a way hinders the Commission from reviewing or auditing it.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
50. Do third parties have to report on election campaign finances? |
Code
No data
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
Art 18, 'The Commission sets up a committee for reviewing and auditing the financing information of the candidates and political entities and have the right to publish the data on the Commission?s website.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No data
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No data
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). Source
Art 12, 'By the bylaw of finance disclosure and reporting and its provisions, all sources of financing must be disclosed and recorded on a form prepared by the Commission for this purpose attached to the financing reports of all contributions and donations both in-kind and cash.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
Art 18, 'The Commission sets up a committee for reviewing and auditing the financing information of the candidates and political entities and have the right to publish the data on the Commission's website.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). Source
Art 18, 'The Commission sets up a committee for reviewing and auditing the financing information of the candidates and political entities and have the right to publish the data on the Commission's website.' (Source: Decision No. (59) of 2012 on Rectifying the Regulation of Candidate and Political Entities Election Campaigning. High National Elections Commission Board of Commission). |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
|
58. What sanctions are provided for political finance infractions? |
Code
Comment
Candidates can lose their nomination if they exceed the spending limit. Fines and imprisonment can apply to several types of violations. Accepting foreign funds or using public funds can cost a candidate the right to participate in elections for 10 years. Source
Art 35, 'The following actions will result in a prison sentence that does not exceed one (1) year and a financial fine that does not exceed five thousand Libyan Dinars (5,000 LYD):... 2. Offering and/or pledging to personally benefit a voter in exchange for influencing their vote.'Art 39, 'Candidates found receiving direct or indirect material benefits from a foreign body will be punishable by: "Forced imprisonment. " A financial fine not exceeding twice the amount received. Not participating in elections for a period of ten (10) years from the date of sentence.Candidates found using public funds and/or property for election campaigns will be punishable by: " A financial fine not exceeding ten thousand Libyan Dinar (10,000 LYD)." Forfeiting their right to be nominated for a period not exceeding five (5) years.Civil servants found providing candidates with public funds and/or access to property for election campaigns will be punishable by: "A financial fine not exceeding thirteen thousand Libyan Dinar (13,000 LYD)." Forfeiting their right to be nominated for a period not exceeding five (5) years.' Art 41, 'Offenses such as imprisonment, financial fines not exceeding five thousand Libyan Dinars (5,000 LYD), and or disqualification from participation as a nominee for a period of five (5) years will result from:...2. Exceeding the campaign spending limit set by The Commission...6. Conducting election campaigns and/or giving campaign speeches in places of worship, public and/or private educational institutions, public roads, and public and/or governmental buildings.' (Source: Law No. 4 of 2012, the General National Congress election). |
