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

    In the art 6 of the Lei do Financiamento politico e) it states that political parties and coalitions may not receive funds from foreign governments or NGOs. In the article 4 of the same law it states where the funding may originate however it clearly states that the exception is stipulated in the article 6. 

  • Source

    'ARTIGO 4.º (Fontes de financiamento) (...) 2. É ainda permitido aos partidos políticos e às coligações de partidos políticos o recebimento de contribuições de valor pecuniário e económico por parte de pessoas singulares ou colectivas, não mencionadas no artigo 6.º da presente lei. 

    'ARTIGO 6.º (Financiamentos proibidos) Os partidos políticos e as coligações de partidos políticos não podem receber, a qualquer título, contribuições de valor pecuniário e económico por parte de: a) organismos autónomos do Estado; b) órgãos Locais do Estado; c) associações de direito público, institutos públicos e pessoas colectivas de utilidade pública; d) empresas públicas; e) governos e organizações não-governamentais estrangeiros.'

    Lei do Financiamento politico, Diario da Republica 2012

     

     

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

     As the electoral code of conduct stipulates that '2. (...) electoral participants include political parties or party coalitions, candidates, active members and supporters of political parties, the National Election Commission, the Polling Station officials, the Forces of Public Order, the electorate, observers, the media, list delegates at the Polling Stations, religious entities, traditional authorities and members of civil society. ' As such, candidates are to be considered in the same light as political parties in terms of rules, law and regulations. The provision in the Lei do Financiamento politico, Diario da Republica 2012 also applies to candidates.

  • Source

    Resolution No 10/05, CODE OF ELECTORAL CONDUCT 
     
     

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

    In the art 4 of the Lei do Financiamento politico states the sources from which political parties can obtain financing, being from donations and legacies from individual or corporate persons, with the exceptions stated in art 6 of the same law.

  • Source

    'ARTIGO 4.º (Fontes de financiamento) (...) 2. É ainda permitido aos partidos políticos e às coligações de partidos políticos o recebimento de contribuições de valor pecuniário e económico por parte de pessoas singulares ou colectivas, não mencionadas no artigo 6.º da presente lei. 

    Lei do Financiamento politico, Diario da Republica 2012

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

     As the electoral code of conduct stipulates that '2. (...) electoral participants include political parties or party coalitions, candidates, active members and supporters of political parties, the National Election Commission, the Polling Station officials, the Forces of Public Order, the electorate, observers, the media, list delegates at the Polling Stations, religious entities, traditional authorities and members of civil society. ' As such, candidates are to be considered in the same light as political parties in terms of rules, law and regulations. The provision in the Lei do Financiamento politico, Diario da Republica 2012 also applies to candidates.


     

  • Source

    Resolution No 10/05, CODE OF ELECTORAL CONDUCT 

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

    There is nothing in the law anything specific to trade unions, however in art 6 of the Lei do Financiamento politico c) it states that it is specifically forbidden to receive any form of financing from public law associations; public institutes; and colective persons of public utlity. This last one could be interpreted as in line with trade unions.

  • Source

    rt 6 of the Lei do Financiamento politico c) 'Os partidos políticos e as coligações de partidos políticos não podem receber, a qualquer título, contribuições de valor pecuniário e económico por parte de: (...) c) associações de direito público, institutos públicos e pessoas colectivas de utilidade pública; 

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

    As the electoral code of conduct stipulates that '2. (...) electoral participants include political parties or party coalitions, candidates, active members and supporters of political parties, the National Election Commission, the Polling Station officials, the Forces of Public Order, the electorate, observers, the media, list delegates at the Polling Stations, religious entities, traditional authorities and members of civil society. ' As such, candidates are to be considered in the same light as political parties in terms of rules, law and regulations. The provision in the Lei do Financiamento politico, Diario da Republica 2012 also applies to candidates.

  • Source

    Resolution No 10/05, CODE OF ELECTORAL CONDUCT 

7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment
  • Source
8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment
  • Source
9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
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10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    in art 94 of the Electoral Law 2.c) companies that have a majority or exclusive public ownership are prohibited to finance campaigns. 

  • Source

    Electoral Law 7/2004

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

    As the electoral code of conduct stipulates that '2. (...) electoral participants include political parties or party coalitions, candidates, active members and supporters of political parties, the National Election Commission, the Polling Station officials, the Forces of Public Order, the electorate, observers, the media, list delegates at the Polling Stations, religious entities, traditional authorities and members of civil society. ' As such, candidates are to be considered in the same light as political parties in terms of rules, law and regulations. The provision in the Lei do Financiamento politico, Diario da Republica 2012 also applies to candidates.

  • Source

    Resolution No 10/05, CODE OF ELECTORAL CONDUCT 

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeNo
  • Comment
  • Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source
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?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment

    According to art 4 of the Lei do Financiamento politico,  b) states that income from assets and own activities is allowed. 

  • Source

    Lei do Financiamento politico, Diario da Republica (2012)

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

    In art 4 of the Lei do Financiamento politico, it states that it is allowed but limited to internal loans.  'd) créditos bancários internos'

  • Source

    Lei do Financiamento politico, Diario da Republica (2012)

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

    In art 4 of the Lei do Financiamento politico, it states that it is allowed but limited to internal loans.  'd) créditos bancários internos'

  • Source

    Lei do Financiamento politico, Diario da Republica (2012)

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

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

    Art 5 of the Lei do Financiamento Politico states that 'The General State Budget includes an annual amount for assistance to political parties or coalitions of parties with a seat in the National Assembly. 'A

    Art 95 of the Electoral Law states that'The Estado shall determine the budgetary support given to the campaigns of the election candidates.'

  • Source

    Electoral Law 2012 and Lei do Financiamento Politico 2012

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Participation in election
  • Comment

    Art 5 of the Lei do Financiamento Politico states that éach party ought to be financed accourding to seats at the parliament and the number of votes in previous election.

  • Source

    Lei do Financiamento Politico, 2012

30. What is the allocation calculation for political parties to receive public funding?
  • CodeEqual
  • Comment

    Art 87 of the Electoral Law states that 'The candidates for the office of President of the Republic, the political parties and the party coalitions participating in the elections have the right to access and use of public and private radio and television services during the official period of the electoral campaign, in accordance with the following terms: a) radio: ten minutes a day during the hours of twelve and twenty-two hours; b) television: five minutes a day during the hours of eighteen and twenty-two hours. 2. The broadcast times stipulated in the preceding paragraph is for each candidate to the office of President of the Republic and, in the case of the parliamentary elections, for each party or coalition of parties. 3. The private media may grant broadcast time to the candidates, political parties or coalitions of parties participating in the election. This access shall be on equal terms for all candidates and shall comply with the provisions of this law and the distribution grids established by the National Election Commission. '

  • Source

    Electoral Law, 2004

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

    Art 13 of the Lei do Financiamento Politico states  benefits and exemptions granted by the State to political parties may be used for party service only.

  • Source

    Lei do Financiamento Politico, 2012

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

    Art 3 of the Electoral Code of Conduct 'For electoral purposes, the political parties have the right to:  (...) f) broadcast time to present their electoral programme'

  • Source

    Code of Electoral Coonduct 10/05

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

    According to the Lei, the value of the state subsidy is calculated from the equivalent of five (5) indexes of budgetary reference and contained in Decree no. 12-A / 96, of May 24, applied to each vote obtained by the Party or Coalition of Parties with a seat in the Parliament.

  • Source

    Lei do Financiamento Politico, 2012

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

    Art 3 of the Electoral Code of Conduct 'For electoral purposes, the political parties have the right to:  (...) f) broadcast time to present their electoral programme'

  • Source

    Code of Electoral Coonduct 10/05

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

    Art 8 of the Lei do Financiamento Politico states that 'to political parties or coalition of parties with a seat in the Assembly, the following exemptions are granted: a) stamp duty, in accordance with the exemption granted to the State; b) inheritance and gift tax; c) consumption taxes within the limits to be regulated; d) sisa for the acquisition of the buildings necessary for the installation of its headquarters, delegations and services and by transfers resulting from a merger or spin-off; e) property tax on the taxable income of urban buildings or part of urban buildings on its property where central, delegations and services; f) duties and other customs duties, in relation to material goods for their services, limits to be regulated.'

  • Source

    Lei do Financiamento Politico, 2012

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?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeNo
  • Comment
  • Source
39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment
  • Source
40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment
  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
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 data
  • 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 data
  • Comment
  • Source

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

    Art 7.1 of Lei do Financiamento Politico states that political parties and coalitions must draft annually accounting reports in which they must specify state funding. 

  • Source

    Lei do Financiamento Politico

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

    Art 96 of the Electoral Law states 'Within the maximum period of thirty days after the official proclamation of the results of the voting, the candidates to the elections should provide detail accounts of all expenditure incurred and receipts obtained during an electoral campaign and shall precisely identify the origin of the receipts and the application of the expenditure. 2. All of the monetary support provided by the State in accordance with the terms of the preceding Article, which are not used or which are used for purposes not permitted under this law shall be returned to the National Election Commission, within the period of thirty-five days after the official proclamation of the voting results for integration into the General State Budget.' and Article 97 '(Responsibility for the accounts The candidates and the political parties or coalitions of parties, as the case may be, are responsible for the submission of the electoral campaign accounts which are referred to in this Chapter.'

  • Source

    Electoral Law

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

    Art 96 of the Electoral Law states 'Within the maximum period of thirty days after the official proclamation of the results of the voting, the candidates to the elections should provide detail accounts of all expenditure incurred and receipts obtained during an electoral campaign and shall precisely identify the origin of the receipts and the application of the expenditure. 2. All of the monetary support provided by the State in accordance with the terms of the preceding Article, which are not used or which are used for purposes not permitted under this law shall be returned to the National Election Commission, within the period of thirty-five days after the official proclamation of the voting results for integration into the General State Budget.' and Article 97 '(Responsibility for the accounts The candidates and the political parties or coalitions of parties, as the case may be, are responsible for the submission of the electoral campaign accounts which are referred to in this Chapter.'

  • Source

    Electoral Law, 2004

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

    Art 98 of the Electoral Law states that 'The entities participating in the elections shall, within the maximum period of sixty days after the official proclamation of the results of the voting, provide a detailed accounting of their electoral campaign to the National Election Commission and publish the accounts in a daily newspaper which has one of the largest circulations in the country.'

  • Source

    Electoral Law 2004

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

    Art 96 of the Electoral Law '...shall precisely identify the origin of the receipts and the application of the expenditure.'

  • Source

    Electoral Law 2004

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

    Art 96 of the Electoral Law '...should provide detail accounts of all expenditure incurred and receipts obtained during an electoral campaign and shall precisely identify the origin of the receipts and the application of the expenditure.'

  • Source

    Electoral Law 2004

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

    Art 96 of the Electoral Law '...should provide detail accounts of all expenditure incurred and receipts obtained during an electoral campaign and shall precisely identify the origin of the receipts and the application of the expenditure.'

  • Source

    Electoral Law 2004

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

    Art 98 of the Electoral Law 'The entities participating in the elections shall, within the maximum period of sixty days after the official proclamation of the results of the voting, provide a detailed accounting of their electoral campaign to the National Election Commission' 

  • Source

    Electoral Law 2004

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

    Art 98 of the Electoral Law states that 'the National Election Commission verifies any irregularity in the accounts, it hall notify the respective entity to submit, within a period of fifteen days, the revised accounts.'

  • Source
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeNo data
  • Comment
  • Source
58. What sanctions are provided for political finance infractions?
  • CodeFines | Other | Suspension of public funding
  • Comment

    Articles 11-13 of the Lei do Financiamento Politico states that 'Political Parties that lack the public accountability established in the Article 7 of the Lei, will be sanctioned with the loss of the tax exemptions and the suspension of public funding, until the due accountability is made;  a fine equal to twice the amount received will be third party, the Political Party or a coalition of infringe the provisions of article 6 of this law, without prejudice to paragraphs and (e) of Article 33 of the Political Parties Act;  the penalty provided for in the preceding paragraph shall be increased by the suspension of exemptions taxation and public funding up to competition of the value unduly got that;  and Political Parties that use goods covered by the benefits and exemptions Article 8 for purposes other than party service shall be penalized with the loss of tax exemptions and public funding value unduly perceived, without prejudice to the other penalties provided by law.'

  • Source

    Lei do Financiamento Politico, 2012

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