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Many countries have adopted campaign finance regulations aimed at promoting fair political competition and curbing the influence of money over policies and politics. Campaign finance regulations include rules on contributions, expenditures, disclosure requirements, enforcement, and sanctions. These regulations can be divided into three main categories: sources of financing, campaigning, and reporting/ oversight and sanctions. The table below summarizes the main components of each of the three main groups with a reference to one or several international instrument(s) applicable to the type of regulation cited.
Type of Campaign Finance Regulation
Campaign Finance provision details and relevant international standard(s)
1. Sources of funding
o fair criteria for the allocation of public financial support;
Rec (2003)4: “Objective, fair and reasonable criteria should be applied regarding the distribution of state support.”
o restrictions and limits on private contributions;
Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the CIS: “Any foreign donations, inclusive of those from foreign physical and legal entities, for candidates, political parties (coalitions), participating in elections, or to other public unions and organizations, which directly or indirectly, or in another manner relate to or are under a direct influence or control of the candidate, political party (coalition), and facilitate or contribute to accomplishment of goals of the political party (coalition) are not allowed.”
o balance between private and public funding ;
Rec(2003)4: “State support should be limited to reasonable contributions” in order to avoid “the weakening of links between parties and their electorate” Rec 1516(2001)
2. Campaigning
o spending limits/ bans for campaigns ;
United Nations Human Rights Committee, General Comment 25: “Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party. The results of genuine elections should be respected and implemented.”
o restrictions on the use of state resources
EISA and Electoral Commissions Forum of SADC, PEMMO: “The use of public assets and funds for political party purposes should be regulated in order to level the playing field for political competition.”
3. Reporting/ oversight/ sanctions
o requirements that increase transparency of party funding and credibility of financial reporting (disclosure of campaign accounts);
United Nations Convention Against Corruption: “Each State Party shall also consider taking appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to enhance transparency in the funding of candidatures for elected public office and, where applicable, the funding of political parties.”
Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the CIS: “The candidates, political parties (coalitions) participating in elections should, with periodicity stipulated by the laws, submit to the electoral bodies and/or other bodies, mentioned in the law, information and reports on receipt of all donations to their election financial funds, on their donors as well as on all their disbursements from those funds on financing of their election campaign. The electoral bodies shall provide for publication of the said information and reports in mass media and means of telecommunications mentioned in the laws.”
o effective enforcement of the campaign finance regulations by the oversight body;
SADC Parliamentary Forum, Norms and Standards for Elections in the SADC Region: "(The Electoral Commission) should be empowered to ensure that proper election expenses returns are submitted on time, to inspect party accounts, and for parties to have properly audited and verified accounts.”
o independent regulatory mechanisms and appropriate sanctions for legal violations
Rec(2003)4 : “States should require the infringement of rules concerning the funding of political parties and electoral campaigns to be subject to effective, proportionate and dissuasive sanctions.”
A variety of campaign finance systems exist around the world, ranging from loose sets of legislation to tightly regulated legal frameworks. Within this large array of systems, some regulations are more common than others. The graphic below (figure 1) shows the percentage of countries using the different types of campaign finance regulations. The figures mentioned below are based on the International IDEA political finance database[1] and are only related to regulations applicable to the financing of electoral campaigns in the 180 countries surveyed for the database. Thus, percentages given regarding the contribution limits and bans, the campaign spending limits, and the reporting requirements are those applicable to both political parties and candidates in relation to campaign finances.
[1] The International IDEA Political Finance database provides information on practices in the field of political finance in 180 countries around the world. Available at: http://www.idea.int/political-finance/index.cfm. Data as of June 2015.
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