Ecuador

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • CommentBan does not apply to foreign individuals or foreignindividuals residing in the country. The latter are expressly allowed to make contributionsto campaigns.

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2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • CommentCandidates cannot receive donations from any source other than the nominating political party
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3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    Ban applies to donations from juridical persons during electoral campaigns, when the sanction also amounts to the triple of what was donated.

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4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • CommentCandidates cannot receive donations from any source other than the nominating political party.
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5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
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6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • CommentCandidates cannot receive donations from any source other than the nominating political party.
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7. Is there a ban on anonymous donations to political parties?
  • CodeYes
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8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • CommentNo anonymous donations are allowed. Moreover, nocontribution from any legal source can be made directly to individual candidates.
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9. Is there a ban on donations from corporations with government contracts to political parties?
10. Is there a ban on donations from corporations with government contracts to candidates?
11. Is there a ban on donations from corporations with partial government ownership to political parties?
12. Is there a ban on donations from corporations with partial government ownership to candidates?
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    During campaign periods, all public advertising of the stateinstitutions at all levels of government is prohibited, except those necessaryfor the implementation of programs or projects under way.

    ?

    Itis also prohibited, if it involves the use of public resources, the promotionin any media of the image, voice or name of any person registered as candidate.
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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
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    Art. 359.- "[…] No podrán existir contribuciones anónimas y la persona natural o jurídica no podrá contribuir anualmente con un monto superior al valor de 200 canastas básicas familiares, respecto de la fijación realizada por el INEC para el mes de diciembre del año inmediato anterior, o que suponga más del diez por ciento del presupuesto anual de la organización política respectiva. […]" (Source: (Ley orgánica electoral y de organizaciones políticas de la República del Ecuador, Código de la Democracia (April 2009) (Electoral law)))

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code 200 shopping baskets annually, or an amount equal to 10% of the annual budget of a given political organization
  • CommentLimit applies equally to individuals and legalentities.
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16. Is there a limit on the amount a donor can contribute to a political party during an election?
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 5% of the spending limit for every public office contested
  • CommentThe limit applies to contributions made bynatural persons. Moreover, a candidate can only make a contribution withhis/her own funds for up to 10% of the spending limit established for the positionthat he or she is running for.
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18. Is there a limit on the amount a donor can contribute to a candidate?
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code Limit is 5% of the spending limit for every public office contested
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20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, both regularly and in relation to campaigns
  • CommentDirect public funding is regularly provided to political parties and national political movements through the Permanent Party Fund but such direct public funding is restricted from use in electoral campaigns. Instead, public funding for media exposure is allocated during campaign periods.
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29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of votes in previous election | Share of seats in previous election
  • CommentTo fulfil one of the following requisites: Obtain at least 4% of valid votes in two consecutive national multi-member elections; Get at least 3 representatives elected in the National Assembly; Obtain 8% of the municipalities country wide; Or at least get elected one Council member in 10% of cantons of the country.
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30. What is the allocation calculation for political parties to receive public funding?
  • CodeEqual | Proportional to votes received
  • CommentFunding for campaigns is distributed on an equal basis.
    Ongoing funding: 50% is distributed equally; 35% according to the number of votes each political organization obtained in the multi-member elections. The remaining 15% is used to support a research and analysis institution that operates under the responsibility of the EMB.
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities
  • Comment

    The funding related to the elections can only be used for mediaadvertising (radio, television, press, and billboards).

     

    Theregular funding has to be devoted to the following activities: training,printing of books or materials, research and party functioning.
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32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Political parties aregranted free and equal media access throughout the campaign period.The EMB has to use its budget to buy media time/space to grant this right.

    Political parties and candidates are notallowed to buy time/space in any media, for campaigning purposes.
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33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment
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34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment
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35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • CommentPolitical organizations are exempt from payingtaxes for the properties they own.
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • CommentGenderequality is required by law to register candidates, but is not a requirementto determine whether the public funding is to be disbursed or not.
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37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
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Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • CommentIt is prohibited for candidates to provide any type of donation or gift to citizens.
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39. Are there limits on the amount a political party can spend?
  • CodeYes
  • CommentThe limits are specific for every office in contest and are referred to disbursements in campaigning activities other than media advertising, since these are free of charge.
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40. If there are limits on the amount a political party can spend, what is the limit?
  • Code The limit varies from one office to another.
  • CommentThe limit per every public office is determinedaccording to a set of rules clearly established by the law and is based on aflat rate and takes into consideration the number of voters registered in thecorresponding constituency.
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41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • CommentThe limit corresponds to the amount of US$0.15 multiplied by the number of citizens recorded in the national registry or in the registry of the corresponding electoral district. For second round elections, the maximum expenditure permitted for each ticket is 40% of that which was determined for the first round.
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42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code The limit varies from one office to another.
  • CommentThe limit per every public office is determinedaccording to a set of rules clearly established in law that are based on a flatrate and take into consideration the number of voters registered in thecorresponding constituency.
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43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • CommentAnnually on incomes and expenses.
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48. Do political parties have to report on their election campaign finances?
  • CodeYes
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49. Do candidates have to report on their election campaign finances?
  • CodeYes
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50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • CommentAll regular and election related financial information and reports submitted are regarded as public, and shall be published in the web page of the EMB.
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52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • CommentThe reports must include a list of donors andthe amount given by each one.
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53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • CommentNational Electoral Council
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB | Other
  • Comment

    The EMB is vested with full powers of oversight, while the Electoral Court can request information in relation to electoralcampaigns.

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

    Sanctions referred to breaches of financial regulations may be imposedupon political organizations, candidates, natural and juridical persons,authorities, public officers and media.

    For all of them, the sanctions might imply not only fines, but also thetemporary suspension of political rights.

    In the case of elected candidates, they might also be dismissed.

    Inthe case of political organizations, they can be temporarily or definitivelyderegistered.
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Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.