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

El Salvador

El Salvador

Answer
No
Source

Source: Article 64, paragraph 1, Political Parties Act 2013.

Artículo 64 inciso 1°. – Las contribuciones privadas solo pueden acreditarse a favor de los partidos políticos.

Article 64, paragraph 1. – Private contributions can only be credited to political parties.

Ley de Partidos: https://www.asamblea.gob.sv/sites/default/files/documents/decretos/2E597B83-D1C9-4C91-A9C9-6EC8A44FBA0F.pdf 

Comment

In the case of independent candidates (not affiliated with any party), the 2010 Decree on the nomination of independent candidates does not prohibit candidates from applying for loans in connection with election campaigns.
Furthermore, Article 10(6) of the aforementioned decree establishes that “the origin and use of funds shall be subject to the supervision established by law.” At the time of its adoption, there was no specific law regulating political financing, which created a legal vacuum.
Since the enactment of the Political Parties Act (2013) and its regulations (2014), this law has been interpreted as the law establishing such oversight, thus filling the previous vacuum.
Consequently, independent candidates are considered to be subject to the same criteria regarding the origin, use, and oversight of funds as those established for political parties. The Political Parties Act does not prohibit candidates from taking out loans in connection with election campaigns.
In the case of party candidates, the provision does not apply directly, as only political parties may receive private contributions under Article 64 of the same law.

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