Political Finance Database

Article 80: It is forbidden to finance the campaign through foreign sources including governments, individuals and legal persons. Foreign financing means all funds in the form of a gift, donation or subsidy in cash, in kind or advertising, of foreign origin within the meaning of tax legislation, regardless of the nationality of the funder. 

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 80: It is forbidden to finance the campaign through foreign sources including governments, individuals and legal persons. Foreign financing means all funds in the form of a gift, donation or subsidy in cash, in kind or advertising, of foreign origin within the meaning of tax legislation, regardless of the nationality of the funder. 

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: 'Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.
For each candidate or candidate or party list, the financing of the campaign can come only from natural persons, up to twenty (20) times the guaranteed inter-professional minimum wage in the non-agricultural sectors for the legislative elections, and thirty (30) times the guaranteed minimum wage in non-agricultural sectors for presidential elections or referendums.' ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.
For each candidate or candidate or party list, the financing of the campaign can come only from natural persons, up to twenty (20) times the guaranteed inter-professional minimum wage in the non-agricultural sectors for the legislative elections, and thirty (30) ) times the guaranteed minimum wage in non-agricultural sectors for presidential elections or referendums.

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 80: It is forbidden to finance the campaign through foreign sources including governments, individuals and legal persons. Foreign financing means all funds in the form of a gift, donation or subsidy in cash, in kind or advertising, of foreign origin within the meaning of tax legislation, regardless of the nationality of the funder. 

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 80: It is forbidden to finance the campaign through foreign sources including governments, individuals and legal persons. Foreign financing means all funds in the form of a gift, donation or subsidy in cash, in kind or advertising, of foreign origin within the meaning of tax legislation, regardless of the nationality of the funder. 

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Art. 19 - 'It is forbidden for political parties to accept: - direct or indirect financing, in cash or in kind, from a foreign party. - direct or indirect financing from an unknown source.' Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.

Art. 19 - 'It is forbidden for political parties to accept: - direct or indirect financing, in cash or in kind, from a foreign party. - direct or indirect financing from an unknown source.' Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.

Art 19, '' Assistance, contributions and donations from legal entities were private or public funding with the exception of the state budget '

Source: Decree No. 87 for the year 2011

Article 52:'Each party or list of candidates may open only one bank account for its electoral campaign. This account shall be subject to control by the Revenue Court. The Revenue Court reports on campaign finance shall be published in the Official Gazette of the Republic of Tunisia.
It is prohibited to fund electoral campaigns using any kind of foreign funds.
It is prohibited to fund campaigns using private assets.'

Decree Law N 35 on Election of the National Constituent Assembly

Art 19, '' Assistance, contributions and donations from legal entities were private or public funding with the exception of the state budget '

Source: Decree No. 87 for the year 2011

Article 52:'Each party or list of candidates may open only one bank account for its electoral campaign. This account shall be subject to control by the Revenue Court. The Revenue Court reports on campaign finance shall be published in the Official Gazette of the Republic of Tunisia.
It is prohibited to fund electoral campaigns using any kind of foreign funds.
It is prohibited to fund campaigns using private assets.'

Decree Law N 35 on Election of the National Constituent Assembly

Article 39:
Public authorities shall not distribute the programs of candidates, the leaflets or ballot papers relevant thereto. Public tools and resources shall not be used in the campaign promotion of one or more candidate or lists.
Article 40:
The public electoral gatherings shall be free. However, the Subsidiary Commission shall be notified thereof in writing 24 hours earlier. The statement shall contain the names of the board members.

Source Decree N°35 dated May 10, 2011 on the Election of the National Constituent Assembly

Art. 19 - It is forbidden for political parties to accept: (...) - gifts, donations and legacies of natural persons and whose annual amount exceeds sixty
one thousand (60,000) dinars per donor. '
Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.

Art. 19 - It is forbidden for political parties to accept: (...) - gifts, donations and legacies of natural persons and whose annual amount exceeds sixty
one thousand (60,000) dinars per donor. '
Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.
For each candidate or candidate or party list, the financing of the campaign can come only from natural persons, up to twenty (20) times the guaranteed inter-professional minimum wage in the non-agricultural sectors for the legislative elections, and thirty (30) ) times the guaranteed minimum wage in non-agricultural sectors for presidential elections or referendums.

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.
For each candidate or candidate or party list, the financing of the campaign can come only from natural persons, up to twenty (20) times the guaranteed inter-professional minimum wage in the non-agricultural sectors for the legislative elections, and thirty (30) ) times the guaranteed minimum wage in non-agricultural sectors for presidential elections or referendums.

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.
For each candidate or candidate or party list, the financing of the campaign can come only from natural persons, up to twenty (20) times the guaranteed inter-professional minimum wage in the non-agricultural sectors for the legislative elections, and thirty (30) ) times the guaranteed minimum wage in non-agricultural sectors for presidential elections or referendums.

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.
For each candidate or candidate or party list, the financing of the campaign can come only from natural persons, up to twenty (20) times the guaranteed inter-professional minimum wage in the non-agricultural sectors for the legislative elections, and thirty (30) ) times the guaranteed minimum wage in non-agricultural sectors for presidential elections or referendums.

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 75: The financing of the electoral campaign of the candidates and the candidate lists, as well as the financing of the referendum campaign is done by the self-financing, the private financing and the public financing, and this in accordance with the provisions of this law.

Article 76: It is considered self-financing any financing of the campaign, in cash or in kind, by means of the own resources of the candidate list, the candidate or the party for its candidate lists or for the referendum.

Source:ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.

ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 77: Private financing is considered as any financing in cash or in kind whose origin is other than the candidate list, the candidate or the party.

Source:ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Art. 22 - 'Political party appoints a proxy single financial institution responsible for preparing the provided for in Article 24. The body responsible for appoint the financial agent is determined by the statutes.The party opens a single bank or postal account to carry out all its financial transactions. All financial transactions of recipe or party expenses, are made by transfers or bank or postal checks if their value exceeds five hundred (500) dinars. Fragmentation of recipes and  xpenditure in order to avoid exceeding the above-mentioned value is not allowed. Bank or postal accounts of the parties policies can only be frozen by decision judicial.' 

Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.

Article 78: An allowance as public aid for the financing of the election campaign shall be allocated to each candidate or candidate list, half of whom shall be paid before the beginning of the campaign. The second half of the allowance shall be paid within one week of the announcement of the final election results, provided that the first installment of the campaign expenses is shown, as well as the filing of accounts with the Court of Auditors. Any candidate who has received less than three percent (3%) of the votes cast at the national level or any list that has received less than three percent (3%) of the votes cast at the constituency level and who have not obtained a seat to the Assembly of representatives of the people, must return the entirety of the public compensation. Any list or candidate must also return sums that prove not to be in the nature of election expenses. The State recovers any unused sum of public compensation. Any candidate or list that does not comply with the provisions of paragraph 3 of this article can not benefit from the compensation as public funding in the following elections. Candidates from the same list are considered to be in solidarity with the obligations relating to the public indemnity. 

Source:ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Art 78 (...) '. Any candidate who has received less than three percent (3%) of the votes cast at the national level or any list that has received less than three percent (3%) of the votes cast at the constituency level and who have not obtained a seat to the Assembly of representatives of the people, must return the entirety of the public compensation. Any list or candidate must also return sums that prove not to be in the nature of election expenses. The State recovers any unused sum of public compensation. ' Source:ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

Article 79: An allowance as public aid for the financing of the referendum campaign shall be awarded to all the parliamentary parties participating in the referendum. It is divided between them equally. The allowance is awarded as a reimbursement of expenses after the proclamation of the results of the referendum. Only expenditures made and having the character of referendum expenses are refundable.
Any party having been the subject of an irrevocable judgment pronounced by the Court of Auditors for violation of the provisions relating to the public financing of the referendum, can not benefit from the public financing allowance in the following referendum.

Source: ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

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Media regulation during the election period The electoral decree establishes "media neutrality" and "equal opportunities among all candidates" as "fundamental principles" to which "the electoral campaign must be submitted". In order to guarantee their application, the ISIE, to whom the decree-law confers the power to fix the rules of the media coverage of the electoral period75, has submitted the media, on the one hand, to the rule of equality of treatment candidates so that each list has the same time of speech and, on the other hand, the prohibition to broadcast political advertising as of September 12, to avoid any form of collusion between candidates and media owners76. This concern for strict equality has also led the ISIE to state in great detail the terms of the official campaign in the public media77: each list had the right to record a three-minute spot in the public television studios, produced according to the same technical format and broadcast once on the nine public broadcasting channels78 between the first and October 21, according to a passage order drawn publicly. In addition, the seven channels of the public broadcasters broadcast, daily and simultaneously, three editions of information on the campaign. Journalists had the right to mention the activities of the lists and candidates, but should not discuss the content of their political programs79. This scheme, also applied to both public television channels, aimed at ensuring strict neutrality.' 

Source EU EOM 2011

Article 65: The High Independent Authority for Audiovisual Communication guarantees the right of access to the audiovisual media for all political groups during the period of the precampaign or referendum on the basis of pluralism.
The Independent High Authority for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the election campaign, and the elimination of obstacles to the principle of access to the audiovisual media, on the basis of equity among all candidates , candidate or party lists.

Source: ORGANIC LAW RELATING TO ELECTIONS AND REFERENDUMS AS ADOPTED BY THE ANC ON 1 MAY 2014

'Tunisia's Decree 2011/3, article 40 states that expenditure on gifts and donations to the public may be included in parties' expenses accounting provided they do not exceed 5 per cent of total expenditure. Otherwise, they are considered a method and technique adopted to influence voters. ' (Source: Political Party Finance Regulation: Constitutional reform after the Arab Spring. 2014. IDEA)

'define the maximum spending amount for every lists three times more than the public funding to the election campaign' decree number 1087 for the year 2011, regarding controlling the election campaign spending limitation and how to spent the public donations on the election campaign for electing national council member, article 6 (Source: Decree No. 1087 for the year 2011, regarding Controlling the Election Campaign Spending Limitation and How To Spend the Public Donations on the Election Campaign for Electing National Council Member)

'define the maximum spending amount for every lists three times more than the public funding to the election campaign' decree number 1087 for the year 2011, regarding controlling the election campaign spending limitation and how to spent the public donations on the election campaign for electing national council member, article 6 (Source: Decree No. 1087 for the year 2011, regarding Controlling the Election Campaign Spending Limitation and How To Spend the Public Donations on the Election Campaign for Electing National Council Member)

Article 44:
During the electoral campaign period, candidates shall be authorized to use the national media only. The Independent High Commission for Elections shall regulate the use of media according to the principles referred to in article 1 of this decree and shall take the necessary measures for this purpose.
Article 45:
The Independent High Commission for Elections shall work on removing all obstacles that violate the principle of freedom of access to media on the basis of non-discriminatory treatment of all the lists of candidates and on the basis of precise criteria for the respect of privacy, human dignity, rights of others, and public order.
The Independent High Commission for Elections shall set forth the campaigning programs technical standards and rules to be observed by public and private media and communication institutions. Each private media institution shall prepare a program for the distribution of broadcasting shares and spaces allocated to the campaigners and shall submit it to the approval of the Independent High Commission for Elections.
Article 46:
The Independent High Commission for Elections shall specify the rules and procedures of the campaign, including the air time shares, the programs and spaces allocated to each list of candidates, in addition to the distribution and timing thereof in the various media, and this upon consultation with the different stakeholders and based on respecting the principles of pluralism, transparency, equality and equal opportunities.

Source Decree nr 35 , 2011

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Two appeals for an excess of power filed by the UPL and the PDP against the ban on political advertising at the Administrative Tribunal raised another legal problem. These actions are not effective because they should have followed the procedure of an application for interim relief requesting a stay, instead of asking for a judgment on the merits that can be rendered by the Administrative Court sine die.' Source EU EOM 2011

Art. 26 - 'The financial statements of the political party are subject to an annual audit. The control of the accounts of political parties is carried out on the basis of set by the order of the accounting experts of Tunisia. The party whose annual resources do not exceed one million (1,000,000) dinars must designate a auditor selected from among the accountants registered on the roll of the order of accountants of Tunisia or entered on the roll of the accounting firm of Tunisia to the sub-section of "accounting technicians". Parties whose annual resources exceed one million (1,000,000) dinars must choose two auditors among the accountants registered on the roll of the order of the accounting experts of Tunisia. The fees of the auditors are at the expense of the political party. The audit report is presented at first leader of the party and a commission chaired by the first president of the administrative court with the participation of the first President of the Tunis Court of Appeal and the President of the Order of Chartered Accountants of Tunisia. The audit report is submitted to the Prime Minister within one month from the date of presentation of the party's financial statements by the statutory auditors. In the event of a difference of opinion between the auditors, they draw up a joint report containing the opinion of each of them. In the light of the report of the Commissioner accounts, the aforementioned committee approves the party's financial statements or refuses to approve them. The party publishes its financial statements accompanied by the report of the auditor in a newspaper published in Tunisia and on the party's electronic site if it exists, and within one month to from the date of approval of these financial statements.'

Art. 27 - 'The party presents to the court of auditors an annual report including a detailed description of its sources of financing and its expenses. '

Source Décret-loi n° 2011-87 du 24 septembre 2011, portant organisation des partis politiques.

Article 52: 'Each party or list of candidates may open only one bank account for its electoral campaign. This account shall be subject to control by the Revenue Court. The Revenue Court reports on campaign finance shall be published in the Official Gazette of the Republic of Tunisia. It is prohibited to fund electoral campaigns using any kind of foreign funds. It is prohibited to fund campaigns using private assets.'

Source Decree N°35 dated May 10, 2011 on the Election of the National Constituent Assembly

'Evidence of expenses, which is presented to the regional treasurer or the accounting officer at diplomatic or consular posts abroad, consists of a statement showing the expenditures made and specifying for each of them: the name of the supplier or the service provider, the number of his tax roll number or, where applicable, his national identity card, the references of the invoice or list, the nature of the expenditure, its quantity and amount. This state is targeted by the party president or the head of the list. The visa must mention the following sentence:
"I, the undersigned, certify the authenticity of the information mentioned in this statement"
The control of the expenditure mentioned is not subject to the rules on public expenditure.'

Source Décret n° 2011-2472, du 29 septembre 2011

Article 52: 'Each party or list of candidates may open only one bank account for its electoral campaign. This account shall be subject to control by the Revenue Court. The Revenue Court reports on campaign finance shall be published in the Official Gazette of the Republic of Tunisia. It is prohibited to fund electoral campaigns using any kind of foreign funds. It is prohibited to fund campaigns using private assets.'

Source Decree N°35 dated May 10, 2011 on the Election of the National Constituent Assembly

'Evidence of expenses, which is presented to the regional treasurer or the accounting officer at diplomatic or consular posts abroad, consists of a statement showing the expenditures made and specifying for each of them: the name of the supplier or the service provider, the number of his tax roll number or, where applicable, his national identity card, the references of the invoice or list, the nature of the expenditure, its quantity and amount. This state is targeted by the party president or the head of the list. The visa must mention the following sentence:
"I, the undersigned, certify the authenticity of the information mentioned in this statement"
The control of the expenditure mentioned is not subject to the rules on public expenditure.'

Source Décret n° 2011-2472, du 29 septembre 2011

Article 52: 'Each party or list of candidates may open only one bank account for its electoral campaign. This account shall be subject to control by the Revenue Court. The Revenue Court reports on campaign finance shall be published in the Official Gazette of the Republic of Tunisia.
It is prohibited to fund electoral campaigns using any kind of foreign funds.
It is prohibited to fund campaigns using private assets.' Source :Decree Law N 35 on Election of the National Constituent Assembly

Art 19 '(...) direct or indirect financing from unknown sources.' 

Sources Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.

Art. 27 - 'The party presents to the court of auditors an annual report including a detailed description of its sources of financing and its expenses. '

Décret-loi n° 2011-87 du 24 septembre 2011, portant organisation des partis politiques.

Article 52:

Each party or list of candidates may open only one bank account for its electoral campaign. This account shall be subject to control by the Revenue Court. The Revenue Court reports on campaign finance shall be published in the Official Gazette of the Republic of Tunisia.

It is prohibited to fund electoral campaigns using any kind of foreign funds.

It is prohibited to fund campaigns using private assets.

Source Decree N°35 dated May 10, 2011 on the Election of the National Constituent Assembly

Art. 26 - 'The financial statements of the political party are subject to an annual audit. The control of the accounts of political parties is carried out on the basis of set by the order of the accounting experts of Tunisia. The party whose annual resources do not exceed one million (1,000,000) dinars must designate a auditor selected from among the accountants registered on the roll of the order of accountants of Tunisia or entered on the roll of the accounting firm of Tunisia to the sub-section of "accounting technicians". Parties whose annual resources exceed one million (1,000,000) dinars must choose two auditors among the accountants registered on the roll of the order of the accounting experts of Tunisia. The fees of the auditors are at the expense of the political party. The audit report is presented at first leader of the party and a commission chaired by the first president of the administrative court with the participation of the first President of the Tunis Court of Appeal and the President of the Order of Chartered Accountants of Tunisia. The audit report is submitted to the Prime Minister within one month from the date of presentation of the party's financial statements by the statutory auditors. In the event of a difference of opinion between the auditors, they draw up a joint report containing the opinion of each of them. In the light of the report of the Commissioner accounts, the aforementioned committee approves the party's financial statements or refuses to approve them. The party publishes its financial statements accompanied by the report of the auditor in a newspaper published in Tunisia and on the party's electronic site if it exists, and within one month to from the date of approval of these financial statements.'

Art. 27 - 'The party presents to the court of auditors an annual report including a detailed description of its sources of financing and its expenses. '

Décret-loi n° 2011-87 du 24 septembre 2011, portant organisation des partis politiques.

Art. 4 - The control of the Court of Auditors of the financing of the electoral campaign aims to ensure: - That all expenses relating to the election campaign of political parties or lists of candidates, are made through the single bank account opened for this purpose and declared to the Independent Higher Authority for the elections; - the keeping of reliable accounts by each political party and each list of candidates, including exhaustive and precise data on all cash collection and disbursement operations related to the financing of the election campaign; - That the income comes from legitimate sources; - That the expenses of the public support payments for the financing of the electoral campaign, are made in accordance with the regulations and within the framework of the realization of the purpose (finality) for which they were granted. - respect by political parties and lists of candidates for the ceiling on election expenses; - Restitution of half of the compensation for public aid to the financing of the electoral campaign by any list having obtained less than 3% of the votes cast at the level of the electoral district.

Source Decree-Law n ° 2011- 91 of 29 September 2011

Art. 11 - 'The Court of Auditors may: - request the competent administrative authorities to provide a detailed statement of the declarations made and the authorizations granted for the organization of events and activities during the election campaign; request any party to provide him with any documents related to the financing of the election campaign, which would be useful for the fulfillment of the Court's supervisory role in this area.' Decree-Law No. 2011-91 of 29 September 2011

Article 70: 'The Central Commission of the Independent High Commission for Elections shall verify the compliance of winning candidates with the provisions relating to the campaign funding. It may cancel their results if they are proved to have violated these provisions. In this case, the results shall be reconsidered without taking into account the votes obtained by the list whose results were annulled.' Decree Law N 35 on Election of the National Constituent Assembly

Art 28.2- 'The suspension of activity of the political party: if the offense has not ceased within the period mentioned in the first paragraph of this article, the president of the Court of First Instance of Tunis, at the request of the Minister, decides the suspension of the activities of the party for a duration not exceeding thirty (30) days. The party may appeal against the decision to suspend activity in accordance with the interlocutory proceedings.' Decree-Law No. 2011-87 of 24 September 2011, on the organization of political parties.