Sudan
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
'The political party shall not accept any financial donation/contribution from any foreign person or from any foreign body;' Article 21 (3) Political Parties Act 2007 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
'Candidates and political parties shall not finance their election campaign activities from any financial and material support, donations or other means of support from foreign countries or any foreign body.' Art 67 (1), Electoral Law 2008 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Source
"The financial resources of the political party of the following:(A) membership dues,(B) Voluntary contributions and donations from individuals and corporate bodies and national non-governmental organizations to be donations and grants" Art 21 (1) Political Parties Act 2007 |
4. Is there a ban on corporate donations to candidates? |
Code
No
Source
'donations and contributions that the political parties and individual candidate may collect from other Sudanese sources approved by the Commission.' Art 67(2)(d), Electoral Law 2008 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Only under the condition that the trade unions must be included on the list of eligible donors approved by the EMB.
Source
'donations and contributions that the political parties and individual candidate may collect from other Sudanese sources approved by the Commission.' Art 67(2)(d), Electoral Law 2008 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"Contributions and donations from national non-governmental individuals, corporations and companies provided these contributions and donations shall be made public and registered with the Council" Art 21 (1) (b), Political Parties Act 2007
"70. (1) Each candidate or political party shall submit to the Commission final accounts of their electoral campaigns’ incomes and expenditures, within a period not exceeding thirty days from the official declaration of the final results of the elections or referendum. (2) The final accounts to be submitted under sub-section (1) shall be detailed, and shall specify all funds and resources collected utilized, and used in the electoral campaign, and its sources and the methods of expenditure, provided that such accounts shall be legally audited according to professional auditing practices." Art 70 Electoral law 2008 |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
No direct ban, but financial reports that candidates are required to submit should include details about all funds raised. Source
'The final accounts to be submitted under sub-section (1) shall be detailed, and shall specify all funds and resources collected utilized, and used in the electoralcampaign, and its sources and the methods of expenditure, provided that suchaccounts shall be legally audited according to professional auditing practices.' Art 70.2, Electoral Law 2008 |
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
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
'No candidate or political party contesting an election may use free of charge any Stateresources or any public material or human resources, except the public media, provided thatany charge levied shall be proportionate to the services rendered and shall be applied to allpolitical parties and candidates equally and without discrimination.' Art 69, Electoral Law 2008 'Any Candidate shall be deemed to have committed illegal practice if he uses anyState resources for the purpose to carry out his/her electoral campaign.' Art. 96, Electoral Law 2008 |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
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
No
|
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
|
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
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Source
22. (1) The political party shall not do business in its name; (2) Notwithstanding provisions of subsection(1) the political party may invest in cultural activities, establishing publishing houses, newspapers and other mass media; Art 22, Political Parties Act 2007 |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
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
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Comment
Public funding is not regulated, but the state may create certain provisions for public funding on its own volition. Source
21. (1) The financial resources of a political party shall consist of the following: d) Any support contributed by the government and approved in the general budget of the state;
Art. 21 (d), Political Parties Act 2007 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
|
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
Yes
Source
"1) A candidate or political party in an election shall be afforded access to and use of all means of communication media of all forms for the purposes of their electoral campaign activities. (2) The Rules shall specify the measures to guarantee the rights of all candidates and political parties participating in an election in the use of public media on the basis of equality and equal opportunities, and to prevent any kind of discrimination between them in the coverage of the electoral campaign new." Art. 66 (1)& (2), Electoral Law 2008 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
"1) A candidate or political party in an election shall be afforded access to and use of all means of communication media of all forms for the purposes of their electoral campaign activities. (2) The Rules shall specify the measures to guarantee the rights of all candidates and political parties participating in an election in the use of public media on the basis of equality and equal opportunities, and to prevent any kind of discrimination between them in the coverage of the electoral campaign new." Art. 66 (1)& (2), Electoral Law 2008 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
"1) A candidate or political party in an election shall be afforded access to and use of all means of communication media of all forms for the purposes of their electoral campaign activities. (2) The Rules shall specify the measures to guarantee the rights of all candidates and political parties participating in an election in the use of public media on the basis of equality and equal opportunities, and to prevent any kind of discrimination between them in the coverage of the electoral campaign new." Art. 66 (1)& (2), Electoral Law 2008 |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Source
26. The Council shall specify in the rules issued under this Act, after consultation with the competent bodies at the national, southern Sudan and State levels, bases of exemption from tax at the said levels; Art. 26 Political Parties Act 2007 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
Comment
No direct public funding of political parties. |
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
(2) Any person shall be deemed to have committed corrupt practice of bribery, directly or indirectly, if she/he:- (a) bribes or attempts to bribe any other person in accordance with subsection (1), with the intention to influence the other person’s electoral conduct and behaviour, Art. 87 (2) (a), Electoral Law 2008 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Source
"(3) The Commission shall fix a ceiling for expenditure by the political parties and individual candidates on their electoral campaign activities, taking into account:- (a) the geographical size of the area to be contested by the political parties and candidates and any geographic impediments on movement in that area, (b) the ease of access to communities in the area and available transport and communication systems, (c) the number and distribution of the population in the area, and (d) any other reasonable circumstances that may affect the costs of the electoral campaign," Art. 67 (3), Electoral Law 2008 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
No data
|
41. Are there limits on the amount a candidate can spend? |
Code
No data
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
No data
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No data
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Comment
It shall fall under the expenditure limit fixed by the EMB Source
"(3) The Commission shall fix a ceiling for expenditure by the political parties and individual candidates on their electoral campaign activities" Art. 67 (3), Electoral Law 2008 |
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
Yes
Source
"Provide comprehensive statements of accounts for all revenues and expenses to the legal review, and to save those statements for five years and provide the council with a copy. "
Article 12 (B), Political Parties Act 2007 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
"Every candidate and poltical party is to provide final account for revenues and expenses of their campaign directly to the commission and no later than thirty days after the date of the official announcement of final results of the election or the referendum" Article 70, Electoral Law 2008 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"Every candidate and poltical party is to provide final account for revenues and expenses of their campaign directly to the commission and no later than thirty days after the date of the official announcement of final results of the election or the referendum" Article 70, Electoral Law 2008 |
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
"Any citizen, on the basis of a justified ground and after the payment of the required fees, may request the Council to allow him to go through the record of any political party and its key documents " Article 27 Electoral Law 2008 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
"70. (1) Each candidate or political party shall submit to the Commission final accounts of their electoral campaigns’ incomes and expenditures, within a period not exceeding thirty days from the official declaration of the final results of the elections or referendum. (2) The final accounts to be submitted under sub-section (1) shall be detailed, and shall specify all funds and resources collected utilized, and used in the electoral campaign, and its sources and the methods of expenditure, provided that such accounts shall be legally audited according to professional auditing practices." Art. 70 Electoral Law 2008 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
70. (1) Each candidate or political party shall submit to the Commission final accounts of their electoral campaigns’ incomes and expenditures, within a period not exceeding thirty days from the official declaration of the final results of the elections or referendum. (2) The final accounts to be submitted under sub-section (1) shall be detailed, and shall specify all funds and resources collected utilized, and used in the electoral campaign, and its sources and the methods of expenditure, provided that such accounts shall be legally audited according to professional auditing practices. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
70. (1) Each candidate or political party shall submit to the Commission final accounts of their electoral campaigns’ incomes and expenditures, within a period not exceeding thirty days from the official declaration of the final results of the elections or referendum. (2) The final accounts to be submitted under sub-section (1) shall be detailed, and shall specify all funds and resources collected utilized, and used in the electoral campaign, and its sources and the methods of expenditure, provided that such accounts shall be legally audited according to professional auditing practices. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
Political Parties Affairs Council (regular party reports), National Elections Commission (party and candidate campaign finance reports). Source
"13. Any political party shall: b) Submit comprehensive statements of accounts for all resources and expenditure for legal auditing and retain the said statements of accounts for at least five years and a copy of the same shall be submitted to the Council; " Art 13 (b), Political Parties Act 2007 " "70. (1) Each candidate or political party shall submit to the Commission final accounts of their electoral campaigns’ incomes and expenditures, within a period not exceeding thirty days from the official declaration of the final results of the elections or referendum." Art. 70 (1), Electoral Law 2008 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
No institution specified
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Not applicable
Comment
Not applicable |
58. What sanctions are provided for political finance infractions? |
Code
Comment
Various campaign finance violations can lead to a fine or imprisonment. In some circumstances electoral offences can lead to election of candidate being declared void. For violations of rules in the Political Parties Act the Political Parties Affairs Council regulates sanctions. Source
"The election of a candidate shall only be invalidated if the Commission is satisfied of any of the following circumstances: (a) non compliance by the candidate with the provisions of this Act relating to theelections, in a manner that may affect the results of the elections. (b) that the elected person is different from the one who won the election, (c) that the candidate has, personally or through any other person with her/hisknowledge and consent, committed any corrupt practice or any other offenceunder this Act.'Art 102, 'Whoever contravenes the provisions of sections 87 to 101 inclusive shall, onconviction by the competent court, be punished with imprisonment for a term notless than six months and not more than two years or with fine to be determined bythe competent court or with both." Art. 83, Electoral Law 2008 |
