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Considerations when assessing campaign finance regulations

The purpose of these sets of questions is to try to put together all the questions that relate to each thematic chapter developed in the Focus On. Those highlight the key points of the main campaign finance regulations and are seen as a tool to help practitioners and all observers approach the subject.

Sources of financing

  • What are the sources of funding available to political parties and candidates?
  • Is public funding provided? If so, what are the requirements to obtain public funding? Is such funding provided in advance or after the election?
  • What is the mode of allocation of public funding?
  • What is the proportion of the public funding vis-à-vis the private funding?
  • What are the limitations / prohibitions on contributions to parties / candidates?
  • Are there contribution bans from certain sources?

Campaigning

  • Is there a limit on the amount a political party / candidate can spend?
  • Is there a ban on some expenditure a political party / candidate can incur?
  • Is there a definition of the electoral expenditure provided for in relevant legislation?
  • Is the length of the electoral campaign period defined in the law?
  • Is there a ban on state resources being given to or received by political parties or candidates?

Enforcement / sanctions / disclosure

  • Are candidates, political parties, and third-parties required to file reports before the election campaign starts, during the electoral campaign period or only after election day? Is the reporting timeframe established in the law?
  • Are there disclosure requirements in the law? If so, are reports publicly available and easily accessible, notably on the internet, in a timely manner? Is the donors’ identity disclosed?
  • What kind of oversight body is responsible for supervising campaign finance regulations? Is the institution / oversight body set up to enforce the campaign finance regulations independent from political influence?
  • Does the oversight body have sufficient resources in terms of staff and budget to provide for effective review of campaign accounts? Are there manuals and clear/accurate information made available to political parties and candidates?
  • What kinds of sanctions are set out in relevant legislation for violation of different campaign finance laws and regulations? Are they effective, deterrent and proportionate to the nature of the offense?
  • Who can be subject to these sanctions (candidates, political parties, third parties)?
  • Can sanctioned candidates / political parties appeal the oversight body’s decision to an impartial tribunal?