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ANNEX
ONE: POLITICAL FINANCE DISCLOSURE SYSTEMS IN COUNTRIES
OF THE ASSOCIATION OF CENTRAL AND EASTERN EUROPEAN ELECTION
OFFICIALS (ACEEEO)
ANNEX
TWO: STEP-BY-STEP GUIDE TO USING THE MAP DATABASE
MONEY
AND POLITICS (MAP) PROGRAM
Issues
surrounding political finance emerge as a problem in many
democracies. Scandals related to party and election campaign
funds have gained widespread negative publicity over the
last twenty-five years in Italy, France, Germany, the
United States of America and in other advanced democracies.
These scandals have led to public disappointment with
democracy in some countries and to profound institutional
reforms in others. Emerging democracies of Eastern Europe
seem to confront the same challenge but the stakes are
higher here as political democracy is only taking roots
in this region.
Given the salience of the issue, the [Election Office
of the Government of Hungary] has worked with the Association
of Central and Eastern European Election Officials (ACEEEO)
and the International Foundation for Election Systems
(IFES) to develop the Money and Politics (MAP) Program
in [Country]. The MAP Program is a global initiative by
IFES to promote transparency and accountability of electoral
processes worldwide. It grew out of the discussions at
the 2001 ACEEEO Conference in Brijuni meeting of election
officials where the need for further openness of electoral
process was emphasized by election officials of the member
election management bodies representing 18 countries.
Prior to the meeting in Brijuni, the ACEEEO and IFES developed
a study of legislative framework regulating campaign finance
in each of the ACEEEO member countries of Central and
Eastern Europe. It identified a number of commonalities
in campaign finance regimes of the region and also highlighted
some of the differences and problems. The report was presented
at the election officials of the member election management
bodies and has been published on the websites of IFES
at www.ifes.org
and the ACEEEO at www.aceeeo.org
as well as in hard copy.
At the center of the MAP Program is a user-friendly, web-based
database of political finding information. Housed and
maintained by the ACEEEO, the MAP Database will serve
a number of purposes. It will provide free and immediate
access to information on political finance in Hungary.
The Database will function as a rich source of information
for media and analysts following the trends in financing
of election campaigns. It will help inform voters about
incomes and spending of different candidates/parties and
make better informed decisions at the polls. It will also
promote a more transparent conduct of election campaigns
and contribute to improving the climate of political financial
transactions.
Following the money trail through disclosure of political
and, in some cases, personal accounts gives voters the
opportunities to make educated electoral decisions that
support and hold candidates and political parties accountable.
The MAP Database is designed to provide a vehicle through
which political parties, candidates, media, NGOs, and
the voter can access and analyze information.
This guide provides a primer on money and politics, an
overview of political finance disclosure in Hungary, how
to analyze and make public available information, and
how to access the user-friendly MAP Database at [www.website.country]
to access this information.
The MAP Program has been made possible through a generous
grant from US Agency for International Development (USAID).
MONEY AND POLITICS: A PRIMER
Money
and competitive politics seem to be closely linked already
since the days of ancient Greece and Rome when some wealthier
political leaders did not shy away from what we today
would consider an outright bribery of voters by means
of giving out food to them in exchange for their votes.
Clearly, such a practice is either legally or culturally
prohibited in contemporary democracies. However, there
is a number of other ways money can play a role (at times,
a very important one) in the political process and power
struggles nowadays.
What makes money a highly valuable resource for those
involved in politics is its tremendously convertible character.
While a direct exchange of a service for a service or
a product has become nearly obsolete in modern economies,
money easily mediates this process - almost any service
or product can be obtained in exchange for money.
The importance of financial resources in politics has
grown immensely over the last hundred years as these resources
have been increasingly used to compensate for deficiencies
in other areas of political competition.
Expansion of suffrage in the second half of 19th century
and early 20th century contributed enormously to the emergence
of mass parties. They became well-organized campaign machines
enabling party leadership to mobilize large segments of
their supporters at the polls. Moreover, these organizations
were based on political commitment of the followers, which
prevented large increases in campaign spending.
Yet, mass parties declined notably after World War II
as party identification of the electorate started to weaken.
This introduced a lengthy period of membership decline
that seems to continue into the 21st century as well.
The growing individualization and atomization of the society
found its expression also in politics, calling for new
approaches to campaigning and mobilization of voter support.
The spread of electronic mass media, particularly television,
after World War II created new opportunities for political
communication on a scale never seen before. Television
turned out to be the most powerful tool of communication
that effectively compensated for the weakening party organization,
addressing voters directly and giving an impression of
presence and participation. It was soon discovered, however,
that an effective use of the new technologies required
the erudition of communication experts. The latter swiftly
took over campaign organization and professionalized it.
The advent of new means of political communication as
well as professionalization of election campaigns dramatically
increased the cost of politics. For example, approximately
USD 425 million were spent on all kinds of political activities
in the USA in 1972. In 1996, this figure rose to USD 4
billion.
A number of strategies were employed to counter this trend.
Some countries introduced direct state subsidies to help
major parties meet their expenses related to democratic
competition. Others opted for overall campaign spending
limits. Yet others restricted paid-for advertising in
mass media. Although, none of these strategies have proven
superior to others to assure a perfectly even playing
field of competitive politics and to dramatically limit
the importance of financial resources for political activities,
knowing where the money comes from and where it goes allows
voters to make better educated decisions at the polls.
This can help hold candidates and parties accountable
to the electorate.
POLITICAL FINANCE DISCLOSURE IN HUNGARY
WHY
IS DISCLOSURE IMPORTANT?
Disclosure
of information about income and/or spending by political
parties and/or candidates (henceforth - disclosure) is
nowadays seen as a critically important component of a
democratic campaign and party finance regime. Disclosure
may help accomplish a number of tasks.
Clearly, it contributes to an overall transparency of
the electoral process. By means of disclosure, voters
are offered an opportunity to learn more about political
contenders in order to make an informed decision at the
polls.
Secondly, requirements to disclose their sources of funding
are likely to stimulate parties/candidates to raise and
also spend their financial resources in ways that are
acceptable to a majority of voters and do not provoke
public disappointment.
Thirdly, disclosure emerges as an obstacle to corruption
and trading in influence that are likely to be higher
when the financial transactions between political parties
and companies are hidden from the public eye. Therefore,
disclosure can be seen as a way to strengthen the observance
of the principle "one person, one vote".
Fourth, publicly available information about the flow
of money of parties and/or candidates serves as a deterrent
to a risk-free use of funds from illegal or criminal sources.
Therefore, disclosure can serve the purpose of dignifying
the politics.
Fifth, disclosure of financial records contributes to
making politicians accountable to voters and/or donors
for the formers' choices of spending the amounts raised.
Sixth, public disclosure can serve as a barrier to excessive
campaign spending in particular countries/cultures where
money in politics is viewed with suspicion or money is
not seen as omnipotent.
The most typical mechanism of disclosure is employed inter
alia in many European countries - political parties or
candidates are required to submit declarations containing
their income, spending or both. These declarations are
offered for public scrutiny by publishing them in official
media or making them available to commercial media. However,
financial information about political parties or candidates
can also be disclosed indirectly - as a consequence of
political competition.
Despite the number of positive effects, disclosure may
have its downside, particularly in fragile democracies
or for contenders not belonging to political mainstream
of the respective country. In societies where democracy
is not deeply rooted, momentary winners may feel tempted
to sanction supporters (particularly financial backers)
of opposing political groups, which may lead to imbalanced,
disenfranchising policies. Also, financial supporters
of politically unusual groups may want to retain their
privacy as backing of, say, a party advocating minority
rights may seem unacceptable to a majority of a society.
Here, disclosure of financial supporters would dramatically
increase the cost of transaction discouraging the willingness
to sponsor political groups of away-from-mainstream inclinations.
Other problems with disclosure concern the extent and
accuracy of reports. While it may seem obvious that parties
and candidates are required to disclose full information
about their financial transactions, the reality lags behind
this optimistic assumption. There are countries where
only campaign income and spending has to be reported while
routine expenses of political organizations remain hidden
from the public eye. Other countries require reports about
the finances of party headquarters while financial activities
of local organizations are left unreported. In yet other
countries, parties have to report about their local and
central levels but transactions of affiliated units (women's
organizations, youth organizations, political foundations
etc.) remain unknown to the general public. Therefore,
one needs to have a clear understanding of what kind of
financial information is required to disclose before making
generalizations about party and/or campaign finance in
a particular country.
But even if one knows legal framework of disclosure, it
does not guarantee that conclusions about relationship
between money and politics in a given country are perfect.
Political parties and/or individual candidates may be
tempted to report a distorted picture of their finances
to appropriate official bodies for a number of reasons.
One of the reasons for misreporting is receipt of larger
donations in cash. In some cases, these may be so-called
kickbacks from contracts with public institutions or other
contributions of illegal character. Alternatively, some
donors may be excessively concerned with preserving their
privacy and require no reporting as a precondition for
a contribution.
Another reason for misreporting stems from the requirement
(introduced in some countries) to reveal not only finances
of a party/candidate but also resources spent on their
behalf. At times, the imprecision and incomplete reports
may be intentional to hide financial supporters or to
decrease the overall amount of money spent on election
campaign.
One more reason is related to different "ceilings"
set in the legislation. For example, a candidate may report
lower than actual income in order to comply with the maximum
amount of donations allowed by the legislation.
While disclosure is an important element of fair democratic
process, its significance is reduced in the absence of
effective enforcement mechanisms. Many scholars have admitted
that an excellent legislative framework for political
and/or campaign finance is not sufficient to provide a
meaningful control over money in politics. Another highly
important component is impartial and timely enforcement
of the existing regulations that brings at least some
kind of sanctions against violators.
The role of state agencies in the process of enforcement
cannot be overestimated. It is these agencies that can
apply administrative, financial or even criminal sanctions
against those who have violated political finance legislation.
As such, enforcement serves as a deterrent to illegal
actions on behalf of political contenders. However, state
agencies are frequently under the influence of the same
parties or politicians whom they are supposed to control.
That may render the enforcement useless as control may
be carried out in a formal, superficial or belated manner.
However, an effective tool against this weakness would
be a highly competitive party system where parties carefully
monitor the activities of other contenders and state agencies
and appeal to the public in the case of any irregularities
or inadequate enforcement. Unfortunately, this seems to
be unattainable in many democracies due to what is called
by a number of scholars cartelization of party system.
This phenomenon refers inter alia to a growing sense among
major political parties that it is in their best interest
to restrict mutual political competition in the name of
their long-term survival.
Therefore, only non-governmental organizations and independent
media emerge as most reliable watchdogs of party and campaign
finance in many of the contemporary democracies. It is
these actors that can best act in the interests of the
society at large by monitoring election campaigns and
scrutinizing financial records of parties/candidates.
It is these actors that, in many cases, have sufficient
public credibility to appeal to voters should any violations
be discovered and achieve certain results (initiation
of official investigation, loss of voter support by a
candidate/party etc.).
WHAT ARE THE DISCLOSURE REQUIREMENTS IN
HUNGARY?
The relevant laws regulating disclosure of party and campaign
finance in Hungary are the following:
- 1989, Law no. XXXIII on the Operation and Financial
Functioning of Political Parties (Party Law); amended
by Law no. LXII, August 1990, and Law no. LXXXI, December
1992;
- 1989, Law no. XXXIV on Election of the Members of Parliament
(Electoral Law); amended by Law no. C, 1997.
Also relevant for the purposes of party funding are the
following acts: Law no. XLIV on the Parties' Headquarters,
1991, and Law no. XCIV and XCV on Party Properties, 2000.
According to the Party Law, as amended in 1992, political
parties have to publish their reports only biannually.
The State Audit Office is authorised to control the correctness
of the disclosed data.
According to the law, the name of those domestic donors
who have given more than 500,000 Ft and those foreign
donors who have given more than 100,000 Ft must be published
in the financial declaration. In practice, the names of
most donors remain usually undisclosed because many donations
are made via intermediaries, such as foundations.
Since the parties routinely modify their budget reports
following the Audit Office's critical comments, it takes
two or three years until the finally correct report is
published. The difference between the original and the
corrected financial reports are often considerable.
The Electoral Law of 1989 obliged the parties to publish
their campaign budget in the press. The C/1997 law specified
that the reports must be published in the National Gazette
within 60 days after the parliamentary elections. (The
law does not cover local elections.) The parties, or more
precisely, the candidates, also must report to the Finance
Ministry about the spending of the sum received for electoral
campaign from the state within one month after the elections.
The structure of the party reports is established by law,
which ensures a degree of uniformity in the submitted
reports. Also, this facilitates systematic comparisons.
As to the campaign finance reports, there are no uniform
rules of reporting, and different electoral contestants
provide differently structured information about their
income and expenditure - the amount of detail varies dramatically.
A drawback of the currently existing laws is that they
do not regulate clearly the disclosure of "support
in kind". Possibly, some parties provide information
on the cost of services provided freely by donors, but
there are no systematic and clear rules regulating the
matter.
The enforcement of the disclosure rules in Hungary is
to an extent hampered by the considerable financial autonomy
granted to political parties in financial matters. The
organs of state administration are forbidden by law to
follow the finance of parties. It is only the State Audit
Office which inspects party finances, but this office
is not a part of the executive - of the State Audit Office
is elected by the parliament and reports to the parliament.
The Office biannually checks the bookkeeping of the parties.
If, for some reason, it intends to conduct an extra scrutiny,
it must warn the party one month prior to the investigation.
When the Auditing Office discovers illegal or anonymous
donations or illegal economic activity, the party must
pay the sum in question to the state budget, and the same
sum will be deducted from the party's annual state allowance
as a fine.
The prerogatives of the Audit Office are restricted. If
it finds errors in the reports, it must ask the parties
to publish a corrected version. There is no sanction for
bad bookkeeping. The Office cannot investigate the identity
of the donors. It has no means to conduct an investigation
among the financial partners of the parties.
Yet, in cases of gross irregularities, the State Audit
Office can ask the public prosecutor to launch an investigation.
WHERE DO I FIND THE INFORMATION?
The
political finance disclosure provisions for Hungary require
that the information is both presented to the Government
and, more importantly, made available to the public. Reports
are to be published in the Official Gazette. Information
may be obtained from the Central Electoral Commission,
and the State Audit Office. In addition to traditional
methods as required by law, ACEEEO in co-operation with
IFES has introduced user-friendly, web-based vehicle through
which this information will be made available. By making
this information more easily accessible, the ACEEEO hopes
to increase the transparency and credibility of the electoral
process.
The MAP Database provides you with a searchable mechanism
to obtain political finance information about party finances,
campaign finances of parties and candidates, information
about the assets and liabilities of elected officials,
where the money came from, and how it was spent. Access
to the MAP Database at [www.website.country] is easy.
User information is provided at the back of this manual.
Searching the Database and finding information can be
as basic or as detailed as you choose. You even have the
option to download the MS Access Database directly to
your computer to conduct more sophisticated cross-tabulations
and develop graphs and charts.
HOW DO I ANALYZE THE INFORMATION?
Public
disclosure of financial records of political parties and/or
individual candidates enables a meaningful analysis of
political and campaign finance. Information can be obtained
relatively easily, and it should be structured identically
for all parties in a given country.
However, one should not overestimate the reliability of
the disclosed data for the reasons mentioned above. It
can be assumed that the available data illustrate general
trends but experience of several countries tells that
in a number of cases the data do not reflect the actual
situation perfectly.
There is a number of interesting issues to look at in
the sphere of political and campaign finance. Moreover,
these issues have not only academic but, even more, political
importance, particularly in emerging democracies.
An obvious question to clarify is whether a political
party and/or individual candidates comply with formal
requirements of disclosure deadlines and income/spending
ceilings as defined by the relevant legislation.
One of the debated issues concerns the growth of expenses
in recent years. While it is not contested that the advent
of new campaigning technologies and approaches raised
the cost of politics in the second part of the 20th century,
it is not clear to what extent this trend continues into
the 21st century. Although the overall spending figures
may be rising, one has to take into account the rate of
inflation, price increases in the relevant sectors (for
example, advertising), changes in the number of population/voters
and other factors to arrive at meaningful and comparable
conclusions.
While all parties strive for political power, they may
employ different strategies and tools. If so, that is
likely to be reflected in diverging spending patterns
among different parties. Therefore, an inquiry into spending
patterns during the same election campaign or even whole
election cycle may shed some light on how different parties
compete for power.
As information on political finance accumulates, one can
draw conclusions about changes and trends of spending
over time. For example, one may discover that some
parties have switched from labor intensive door-to-door
campaigning to capital-intensive campaign in the media
between two elections.
Experience of advanced democracies indicates that there
may be differences in income structure of different
political parties. For example, leftist parties tend to
obtain large donations from trade unions while right-wing
parties tend to rely on sizeable private contributions.
However, it is not clear what patterns are characteristic
of democracies of Eastern Europe. Moreover, the income
structure may change as a reaction to the political and
economic environment or other factors, and it, then, needs
to be monitored.
Some financial supporters may display a strong loyalty
to a particular political organization. This can be explored
by tracing contributions of particular donors over
a number of years. One may also want to explore
whether a particular donor constantly supports the same
political parties over time.
Some political parties may have established close links
to certain interest groups and may act as their lobbyists
on the national political arena. Concentrated and sizeable
contributions of a particular branch of the national
economy to certain parties may provide a good clue to
further exploring of relationship between parties and
organized interests in the country.
In societies where economic resources are notably concentrated,
parties may gain major financial support from a handful
of donors. That, in turn, is likely to lead to a growing
dependence of parties on those donors. Therefore, a diversity
of funding sources and the number of donors are important
factors for maintaining autonomous political organizations.
Many countries have prohibited foreign and/or anonymous
donations as a source of funding for political parties.
It is believed that such donations may undermine the sovereignty
of the respective country or they may notably reduce the
transparency of electoral process and politics in general.
However, this prohibition is not universal and some countries
do permit the aforementioned contributions. In that case,
a notable share of foreign or anonymous donations in the
budget of a party may cast a shadow of doubt over the
recipient and its ability to act in the best interest
of the people.
Another highly sensitive direction of inquiry concerns
relationship between donors and kinds of decisions
taken or supported by recipients of donations. It
is exactly this kind of analysis that allows to make informed
and substantiated conclusions about undue political influence
of certain individuals or corporations.
Undue political influence can also be reflected in a correlation
between donors and awards of public works' contracts.
In that case, however, this influence may have grown into
corrupt actions as it can be seen from not so ancient
examples provided by democracy in Italy.
In some countries, governing parties tend to obtain considerably
more financial resources than their counterparts in opposition.
Therefore, differences in funding between governing
and opposition parties deserve a particular attention
as they would give additional information about the character
of political competition in the respective country. This
could also be compared to how concentrated is the flow
of financial resources to political contenders. If,
for example, a handful of parties collect 80-90% of all
reported funding then it may be difficult to speak of
an even playing field for all parties/candidates.
Last not least, one may want to assess the impact of
funds spent on election results, i.e. whether there
is any correlation between the spending of political parties
and the number of seats obtained. This would not only
characterize the effectiveness of campaign but also address
one of the central issues - does money buy votes/election?
HOW DO I PRESENT MY FINDINGS TO THE
PUBLIC?
Monitoring
of political and campaign finance is an important activity
to ensure free and fair elections and transparent and
accountable democratic process in general. In many countries,
NGOs and other actors of civil societies assume this complicated
task. However, their efforts are likely to be less effective
if they do not closely cooperate with media.
It is extremely important to increase public awareness
of the issue of political finance and to communicate the
results of monitoring campaigns and/or studies of publicly
available information. It is an energetic appeal to voters
via mass media that can give more weight to discovered
irregularities or conclusions about trends in political
funding.
NGOs can effectively detect and highlight funding patterns
or suspicious correlations but these findings have to
be communicated effectively to wider audiences to provoke
public discussions or condemnation by voters that are
likely to affect political fortune of parties/candidates
involved. Frequently, it is the threat of loss of public
support that precludes politicians from entering into
dubious political or financial transactions.
However, the use of media to publicize information about
campaign finance may backfire if certain conditions are
not met. Despite the deficiencies of official reports
described above, only their complete use can divert complaints
about selectiveness of empirical information. Also, analysis
has to be carried out in a balanced way looking at the
same issues across all relevant political organizations
and/or candidates. This non-partisan approach will only
strengthen the credibility of conclusions and contribute
to a wider circulation of the report.
NGOs in some countries where campaign expense monitoring
projects have been carried out have faced a criticism
of being biased because they have been vague on methodology
of the project. It is of utmost importance for the success
of the endeavor that indicators and criteria of evaluation
are clearly defined and also made public prior to the
launch of the project. A consistent application of these
criteria throughout the project will only add to the seriousness
of the effort even if the conclusions reached do not conform
with political sympathies of funders and authors of the
endeavor.
Better publicity for the monitoring efforts can be achieved
by presenting the project results to media in an effective
manner. It may be useful to split all information into
two parts: main report and executive summary. The latter
ought to be concise, analytical and easily readable. Visualization
of the main trends and major problems/issues as reflected
by the inquiry will help communicate the results of the
research. A convenient way of disseminating the main report
is publishing it on the internet, creating additional
publicity for the institution, homepage of which is used
for this purpose.
A different approach to publicizing the findings is a
series of commentaries/analytical articles describing
the problems detected, analyzing their likely causes and
outlining possible solutions. These articles are perfectly
suited for incorporating and drawing on the experience
of other countries in the sphere of political and/or campaign
finance. This approach would help maintain a steady interest
of the general public in issues surrounding money in politics.
ANNEX
ONE
POLITICAL
FINANCE DISCLOSURE SYSTEMS IN COUNTRIES OF THE ASSOCIATION
OF CENTRAL AND EASTERN EUROPEAN ELECTION OFFICIALS
Albania
All the donations should be declared and registered by
the party. At the end of the year, a copy of this register
(entries only) should be forwarded to the State Audit
Department and a copy to the People's Assembly. The register
should record the type of aid, its quantity and donor's
details. The identity and signature of the donor are also
recorded.
The State Audit Department is responsible for controlling
received public funds and donations as well as other received
aid.
A violation of the provided rules by public and private
radio and television constitutes an administrative infraction
and is punishable by a fine of between ALL 100,000 and
500,000 (USD 716 to USD 3,580). Other violations, where
they do not constitute a criminal offence, are punishable
by a fine of between ALL 1,000 and 2,500 (USD 7 and USD
18).
Armenia
The burden of disclosure is divided between parties and
candidates, on the one hand, and banks holding pre-election
fund accounts, on the other. The banks submit a notice
to the relevant electoral commission on the contributions
made to the pre-election funds of candidates and parties
once in every three days. These banks are also entrusted
with returning the amounts exceeding the donation ceiling.
Candidates and parties submit a declaration to the electoral
commissions that had registered them, on the use of the
available amounts in their pre-election funds no later
than one month after the elections. The Central Electoral
Commission establishes the specimen of the declaration
and the procedure for its submission. These declarations
are published and audited by a special service set up
by the Chairman of the Central Electoral Commission. Further,
parties have to submit annual financial declarations,
which are also published.
Belarus
The Election Code of Belarus does not set any disclosure
requirements as all donations to candidates must be channeled
through a single state-operated election fund.
The Central Election Commission is entrusted with the
task of enforcing campaign regulations. If information
about potential violations is brought to the attention
of the CEC or local election commissions, the respective
commission may ask other state institutions to investigate
these cases further. Upon receipt of the verification,
the CEC may issue a warning or declare the registration
of the violator null and void.
Bosnia and Herzegovina
The Election Law prescribes as an obligation of political
parties to submit a financial report at the time of submission
of Application for Certification (for participation in
elections). In addition, within 30 days of the publishing
of the electoral results, the parties must submit a supplementary
financial report for the period the day of certification
to the verification of the election results. These reports
should include the following information about all incomes
and expenses before and after elections:
-
cash-flow;
-
all incomes and expenses in relation to membership fees,
contributions from abroad, contributions from individuals
and legal persons, goods and services, property and operational
income, loans, donations, rebates, refunds, other expenses
and other resources.
-
proof of identification for persons or sources of all
incomes and in-kind contributions, as well as identification
of a person who received a payment if over 100 KM, with
a date and amount for each transaction.
-
total amount of all expenses including direct campaign
costs, business expenses, costs related to entrepreneurial
activity, and other costs.
-
amount and type of outstanding debts and obligations owed
by or owed to the person or organization submitting the
report.
Individual candidates are required to submit a Financial
Disclosure Form to the Election Commission. Personal property
statements should include information for the candidate,
as well as information about close family relatives -
spouse, children and dependants. To be reported are the
current revenues and sources of revenues received in Bosnia
and Herzegovina within the previous year; all assets including
case, bank accounts, shares, promissory notes, bonds,
real estate, personal property, tenancy rights and other
assets in excess of 5,000 KM. Loans and debts are to be
reported as well. The property statements must be made
public by the Election Commission.
Sanctions for failure to abide by the rules on disclosing
campaign finance details were prescribed by the Election
Appeals Sub-Commission (EASC). The EASC was entitled to
impose disciplinary measures and/or fines on all individuals,
candidates, political parties, coalitions, list of independent
candidates, or bodies for breaches of certain provisions.
The EASC could also impose sanctions such as reprimands
and other measures.
Bulgaria
The Central Electoral Commission (CEC) is entrusted with
the duty to supervise the implementation of the electoral
legislation. The decision-making procedure for parliamentary
elections is by two-thirds majority. The decisions have
binding character for the parties contestants, and the
national media. Under the 1991 electoral law, (principles
of which were preserved in 1994, 1997, and 2001) the CEC
was supposed to be appointed by the president, after "consultations
with the representatives of the political parties".
There are no special provisions on disclosure of expenditure
and contributions in the electoral law. Depending on the
seats in the legislature won by the parties in the elections,
the parties have to either return part of the public support
or receive additional funds. As mentioned above, many
parties failing to secure parliamentary representation
did not return the public subsidy: there was no special
enforcement mechanism against such a failure. Furthermore,
there was no sanction, envisaged by the electoral law,
for violation of the expenditure limits. Since there were
no special disclosure rules, the Law relied on the reporting
mechanism from the Law on Political Parties.
For the period 1991-2001, the only existing reporting
provision was in the Law on Political Parties, according
to which the parties had to report their income and expenditure
within two months after general elections. The 2001 Electoral
Law obliged the parties, the coalitions and the committees
to hand in their reports to the State Audit Office within
one month after the elections.
Croatia
The law requires that parties declare their intended expenditures
and sources of income prior to elections but does not
require a full financial declaration after the elections.
The law on political parties defines a number of financial
sanctions against disclosure violations. However, it is
not clear, which state institution is responsible for
enforcing these requirements.
Georgia
The Central Election Commission is the central enforcing
agency of regulations pertaining to campaign finance.
For example, it is the responsibility of the CEC to control
the observance of air-time provision regulations.
Victor parties and candidates are obliged to submit a
preliminary financial report within 8 days from the election
day. These reports are checked by the Chamber of Control
of Georgia. However, this does not relieve them from submitting
a full financial report to the Central Election Commission
within 2 months from the day the official election results
are announced. These reports are also verified by the
Chamber of Control and the CEC. While these reports are
not published officially, the information is open for
everybody who is interested in it.
Election subjects who do not submit a report on the election
campaign fund, are banned from the right to take part
in elections, including the relevant next elections.
Latvia
Since 1995, all registered political parties have to submit
annual financial declarations to the Ministry of Justice
and the State Revenue Service, containing detailed information
about the amount and the sources of income as well as
aggregate data on spending. These declarations are freely
accessible after publishing them in the official gazette
"Latvijas Vestnesis". Failure to submit a declaration
on time may result in disbanding the party following a
court order.
The Ministry of Justice is the foremost institution entrusted
with enforcing party financial regulations. The National
Council of TV and Radio supervises allocation of free
air-time on public radio and TV and also observance of
laws regulating pre-election campaign in the media.
Lithuania
According to the current legislation, all resources (gifts
and donations in cash) shall be registered in gift lists
indicating the name and address of the supporter. Ten
days before the election, political parties and candidates
are required to file with the Central Electoral Committee
reports concerning the funds received and their utilization.
They also have to submit the list of all financial supporters.
Twenty-five days after the announcement of final election
results, final reports concerning sources of funds and
their utilization is to be filed. Relevant documents justifying
all income and spending shall be attached. If a party
fails to file the report about the latest election it
will be required to pay a double deposit to submit candidates
for registration in the next election.
The reports are supposed to be reviewed by the State Tax
Inspectorate, which issues its conclusions. Then the Central
Electoral Committee publishes the final reports, lists
of sponsors and conclusions of the Tax Inspectorate in
press and on the Internet.
Macedonia
The law on political parties requires that the political
parties keep records of their income and expenditure,
and rules that the sources of funding of the parties must
be made public. Disclosed must be the type, the amount,
and the source of funding. As envisaged by the party law,
control over the reporting procedure is exercised by the
state financial control organs.
The most severe sanction envisaged by the Law on Political
Parties is a fine amounting to two average monthly salaries
for the financially responsible person of a political
party, who fails to produce evidence relating to donations
received by public enterprises and organizations.
Moldova
The burden of reporting is placed largely on commercial
banks that have opened election accounts. It is the banks
that inform CEC about contributions to the electoral accounts
of candidates and parties within 24 hours. According to
this procedure, not the parties and contestants, but the
banks are responsible to provide information for the financial
standing of the contestants in the election. The contestants,
however, could be asked by the banks about the sources
of their income, if they are (somehow) not evident or
clear from the wire-transfer.
The candidates present financial reports to the CEC every
week. Reports include income and expenditure. CEC announces
the reports ‘periodically'.
Within a month after the elections, the financial reports
of the candidates and parties must be published in the
press. Other sources of funding not declared in the ‘electoral
account' are prohibited.
The Supreme Judicial Chamber (Supreme Court) is empowered
to cancel the registration of a candidate in cases of
violations of the rules relating to the use of non-declared
funds or contributions from foreign donors. The SC should
decide on the case within five days, but not later than
the day of elections.
Poland
Current regulations require that party, independent parliamentary
candidates and presidential candidates' accounts be reported
(in case of political parties on an annual basis). After
the Parliamentary Elections, a committee submits to the
National Electoral Commission, within 3 months following
the polling day a report, later called "election
report", on receipts, disbursements and financial
liabilities of the committee, including bank loans and
specifying conditions set forth by the lending institution,
along with a written opinion of a competent auditor concerning
the report. Then, the National Electoral Commission appoints
an auditor; the cost of preparing a report is covered
by the State Budget. The National Electoral Commission
also publishes election reports of election committees
in the Official Gazette within a month following the submission
of the report.
The regulations concerning the disclosure of private contributions
are a common feature to parliamentary and presidential
elections in Poland. The National Election Commission
facilitates the access to the list of contributions made
by individuals for the benefit of an election committee
of a coalition or to the election committee of the voters.
However, in Poland no disclosure is required for political
donors.
Romania
The list of persons who had donated sums amounting to
more than 10 minimum wages has to be published in the
Official Gazette no later than the 31st of March of the
following year. But this important regulation has proved
to be insufficient, as there is no specific control of
this norm. In addition, a party does not have to report
contributions as long as the total amount of contributions
(from all sources) does not exceed 20% of the state subsidy
in a year.
A system of authorized financial agent, registered with
the Ministry of Economy and Finance was introduced in
1992. Both parties and independent candidates should have
their financial agents. The receipt of funding that is
not authorized by the agent is a "petty offence",
according to the law, bringing a sanction between ROL
15,000 and ROL 45,000 (USD 1 and USD 3).
Russia
There are two ways of controlling political finance: (1)
disclosure, and (2) legal enforcement; these are not mutually
exclusive. Legal enforcement involves creating a system
through which cash flow in politics is directly controlled.
The system generally operates in a restrictive and negative
way, i.e. it limits political donations in both quantitative
and qualitative ways. Disclosure of political donors and
reporting on political funds provides the necessary information
to allow control over political money to be regulated
by public opinion.
A presidential candidate, parliamentary candidate, an
electoral association and electoral bloc are required
to open a special electoral account with branches of the
Savings Bank of the Russian Federation. A presidential
candidate, parliamentary candidate, an electoral association
and electoral bloc have to keep all records of the money
contributed to and spent from their electoral funds. Moreover,
presidential candidates, parliamentary candidates, electoral
associations, electoral blocs should file financial reports
with appropriate election commissions within the following
periods:
-
the first financial report - when the documents required
for registration are submitted to the appropriate election
commission;
-
the second financial report - not earlier than 20 days
and not later than 10 days before voting day;
-
the final financial report - not later than 30 days after
the official publication of election results. The final
financial report shall be submitted together with the
primary financial documents confirming contribution of
money to and expenditure of sums from an electoral fund.
The copies of financial reports of registered candidates,
electoral associations and electoral blocs that registered
federal lists of candidates shall be handed over to the
mass media by the appropriate election commission within
five days of their receipt. There is no disclosure required
on political donors in Russia.
Slovakia
The candidate for the Presidency is obliged to keep a
register of all donations received for his/her campaign,
and donors of the gifts, and announce in writing to the
Ministry of Finance of the Slovak Republic the total sum
of the funds received for his/her campaign and the total
sum of the funds spent on his/her campaign. The presidential
candidate discloses donation from a natural person if
the value exceeds SKK 10,000 (USD 214) and from the legal
entity if the value exceeded SKK 100,000 (USD 2,140).
Moreover, the publisher of periodicals, operator of radio
and TV broadcasting, operator of the advertisements posted
in public places and any individual or legal entity who
produced an advertising program, poster, leaflet or other
advertising material in favor of the presidential candidate
is obliged to announce in writing to the Ministry of Finance
of the Slovak Republic the funds spent by individual Candidates
for the Presidency for the campaigning pursuant to this
law that they publicized, broadcast or produced. The Candidate
for the President and the natural person and legal entity
shall submit the statement no later than 30 days after
the presidential election day. In the statement, the natural
person and legal entity shall also state the sums corresponding
to the usual prices for advertising, sponsored programs,
commercials and other advertising material of programs
that they published, broadcast or produced in favor of
individual candidates for the President free of charge
or for a lower price.
Turkey
The use of state resources for campaigning is controlled
by the Higher Council of Elections (HCE). All expenditures
incurred by the departments and institutions are documented
and submitted to the HCE. These expenditures are checked
at the HCE by a senior officer of the Department of Finance
- the Chief Officer and Director of Finances, who is the
Department Head of Administration and Finance and a member
of the HCE. Finally, the Deputy Director of HCE approves
all expenditures.
All incomes and expenditures of the political parties
are controlled by the system of justice. All accounts
are listed in balance sheets. These balance sheets are
checked periodically by a judge who is the head of the
County Council of Elections. The headquarters of the political
parties are obliged to collect the balance sheets of the
regional parties and local organizations. The headquarters
prepare the general financial report including information
for their regional branches. The general financial report
(joint account) is submitted to the Supreme Court by the
end of the June each year, as well as to the Chief District
Attorney of the Supreme Court of Appeals for Information.
The Supreme Court can demand the accounts from the political
parties at any time for ad hoc control.
The Supreme Court inspects the documents, and, should
the need be, the Supreme Audit Office can be called for
help or the local judges and courts can be commissioned
to do local inspections. All illegal incomes are to be
confiscated by the state. The Supreme Court must decide
on the legality of the incomes and expenditures, as well
as to ascertain the correctness of the reports - it could
also decide whether to confiscate incorrectly reported
incomes.
Ukraine
The Ukrainian legislation has entrusted the Central Election
Commission (CEC) with the oversight of and control over
observance of campaign finance regulations. The CEC enforces
the regulations on publishing information about the sources
of the election campaigns funds for financing. It also
inspects the receipt and use of personal election funds
of presidential candidates, engaging employees of the
bodies of State Tax Administration of Ukraine as well
as banking institutions holding appropriate accounts for
the conduct of auditing.
Information on the size and sources of contributions to
the fund of a candidate, as well as financial statements
on the use of these funds are published by the Central
Election Commission in "Holos Ukrainy" and "Uriadovyi
Kuryer" newspapers within seven days of the day of
elections.
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