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Portugal

2016

2018

Bans and limits on private income

Public funding

Regulations of spending

Reporting, oversight and sanctions

Question	Value
1. Is there a ban on donations from foreign interests to political parties?	Code Yes
2. Is there a ban on donations from foreign interests to candidates?	Code Yes
3. Is there a ban on corporate donations to political parties?	Code Yes
4. Is there a ban on corporate donations to candidates?	Code Yes
5. Is there a ban on donations from Trade Unions to political parties?	Code Yes Comment All donations from legal entities banned
6. Is there a ban on donations from Trade Unions to candidates?	Code Yes Comment All donations from legal entities banned.
7. Is there a ban on anonymous donations to political parties?	Code Yes
8. Is there a ban on anonymous donations to candidates?	Code Yes
9. Is there a ban on donations from corporations with government contracts to political parties?	Code Yes Source Art 8.1-2, '1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. 2 - Political parties may contract loans from credit institutions and financial companies in accordance with the conditions set out in point f) of paragraph 1 of article 3.' (Source: Law on the Financing of Political Parties and Election Campaigns, No. 19/2003)
10. Is there a ban on donations from corporations with government contracts to candidates?	Code Yes Comment All corporate donations are banned. Source Art 76, 'Os partidos, candidatos e mandat?rios das listas n?o podem aceitar quaisquer contribui??es de valor pecuni?rio destinadas ? campanha eleitoral provenientes de empresas nacionais ou de pessoas singulares ou colectivas n?o nacionais.' (Source: Lei Eleitoral, No. 14/79, 1979)
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code Yes Source Art 8.1-2, '1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. 2 - Political parties may contract loans from credit institutions and financial companies in accordance with the conditions set out in point f) of paragraph 1 of article 3.' (Source: Law on the Financing of Political Parties and Election Campaigns, No. 19/2003)
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code Yes Comment All corporate donations are banned. Source Art 76, 'Os partidos, candidatos e mandat?rios das listas n?o podem aceitar quaisquer contribui??es de valor pecuni?rio destinadas ? campanha eleitoral provenientes de empresas nacionais ou de pessoas singulares ou colectivas n?o nacionais.' (Source: Lei Eleitoral, No. 14/79, 1979)
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code No data
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 natural persons Source P 9f, 'Furthermore, donations by natural persons to political parties can only be provided by identified natural persons and cannot go beyond, annually, 25 times the national monthly minimum wage per donor (25xEUR 426=EUR 10,650 )' (Source: GRECO (2010) Evaluation Report on Portugal Transparency of Party Funding (Theme II))
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 Annual limit is 25 monthly minimum wages
16. Is there a limit on the amount a donor can contribute to a political party during an election?	Code Yes, for natural persons Source P 10, 'The law (no. 19/2003) also provides for specific limits concerning donations by natural persons inrespect of election campaigns. In this case, the law only provides for donations by naturalpersons who support candidates for President of the Republic or groups of registered electorsthat run for the organs of local authorities. However, the Constitutional Court has interpretedArticle 16 of Law no. 19/2003 in the sense that it is applicable to all types of elections; thesedonations cannot go beyond 60 times the national monthly minimum wage per donor (60xEUR426=EUR 25,560) in any election and have to be given by check or another banking form thatallows the identification of the amount and its source (article 16).' (Source: GRECO (2010) Evaluation Report on Portugal Transparency of Party Funding (Theme II))
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 Limit is 60 monthly minimum wages
18. Is there a limit on the amount a donor can contribute to a candidate?	Code Yes, for both natural and legal persons Comment Direct donations to candidates are prohibited. Source P 20, '...the financing rules do not allow direct contributions to individual election candidates ? contributions must be channelled through the parties...' (Source: GRECO (2010) Evaluation Report on Portugal Transparency of Party Funding (Theme II))
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code Not applicable Comment .
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?	Code Yes, both regularly and in relation to campaigns
29. What are the eligibility criteria for political parties to receive public funding?	Code Representation in elected body Share of votes in previous election Number of candidates nominated Participation in election Comment Ongoing assistance: party must have gained at least 50,000 votes in preceding election or gained representation.? Campaign assistance: Party must either run for European Parliament, or run for a majority of Parliamentary seats and gained representation in regional assembly (for local elections, gain representation or 2% of the vote)
30. What is the allocation calculation for political parties to receive public funding?	Code Equal Proportional to votes received Comment Ongoing assistance: Proportional to votes received. Campaign assistance: 20% equal, 80% proportional to votes won (25% and 75% for local government elections).
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code No Comment However, the amount of public campaign assistance cannot exceed the amount spent on the campaign.
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Equal Share of seats
34. Are there provisions for free or subsidized access to media for candidates?
35. Are there provisions for any other form of indirect public funding?	Code Yes Comment Political parties are not subject to income tax.
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	Code Yes Comment Parties that do not have a balance between the genders among its candidates can lose between 25% and 80% of its public funding.
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	Code No Comment .

Question	Value
38. Is there a ban on vote buying?	Code Yes
39. Are there limits on the amount a political party can spend?	Code Yes Comment Limits for election campaigns only
40. If there are limits on the amount a political party can spend, what is the limit?	Code From 150 to 12,500 minimum monthly wages depending on election type.
41. Are there limits on the amount a candidate can spend?	Code Yes Comment For Presidential and local government candidates.
42. If there are limits on the amount a candidate can spend, what is the limit?	Code 25 million escudos per Presidential candidate (increased by 50% for run-off elections)
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?	Code Yes Comment Annually
48. Do political parties have to report on their election campaign finances?	Code Yes
49. Do candidates have to report on their election campaign finances?	Code Yes Comment Presidential and local government candidates.
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?	Code Yes Comment Both annual and electoral accounts are made public online within five to eight days after submission.
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Yes
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?	Code EMB Court Comment Constitutional Court (EMB in relation to referenda)
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code EMB Court Special agency for political finance Comment Political Financing Supervisory Body (Entidade das Contas e Financiamentos Pol?ticos) and Constitutional Court (EMB in relation to referenda).
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?	Code Fines Prison Forfeiture Loss of public funding Comment Non-submission or submission of?inaccurate financial reports carry a fine.??Raising of illegal funds can lead to fines or imprisonment and the confiscation of illegally raised funds. State subsidies could be withhold.

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