This page displays Political Finance data for United States about Bans and limits on private income, Public funding, Regulations of spending and Reporting, oversight and sanctions.
Bans and limits on private income
1. Is there a ban on donations from foreign interests to political parties?
An important issue in many countries is to limit influence over national politics to forces within the country. Foreign interests such as governments, corporations, organisations and/or individuals may therefore be banned from making donations to political parties
If you find information that political parties are not allowed to receive donations from any of the following; foreign citizens, foreign companies, foreign governments or foreign organisations, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to political parties. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for political parties, and this only includes national sources (such as “citizens” or “natural and judicial persons from XX-land”). By an “exhaustive list” is meant where it is stated something like “political parties are only allowed to receive income from the following sources”. If it says something like “allowed sources for political parties include...” it is not exhaustive. If you find information about allowed or banned sources for political parties and there is no mention about foreign sources, code “NO”. Note that a regulation of this issue for political parties may be found in a political party law. In some countries, this issue is regulated in the Constitution, normally in a section specifically on political parties. Note that if you find information that foreign funding is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the following question. If you cannot find information, code “ND”.
Comment
Type
Law
Quote
"§ 441e. Contributions and donations by foreign nationals1
(a) Prohibition. It shall be unlawful for—
(1) a foreign national, directly or indirectly, to make—
(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3))"
Source: Title 2, chapter 14, subchapter 1, section 441e (United States Code, Title 2, The Congress)
2. Is there a ban on donations from foreign interests to candidates?
An important issue in many countries is to limit influence over national politics to forces within the country. Foreign interests such as governments, corporations, organisations and/or individuals may therefore be banned from making donations to political parties
If you find information that candidates are not allowed to receive donations from any of the following; foreign citizens, foreign companies, foreign governments or foreign organisations, code “YES” for parties. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to candidates. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for candidates, and this only includes national sources (such as “citizens” or “natural and judicial persons from XX-land”). By an “exhaustive list” is meant where it is stated something like “candidates are only allowed to receive income from the following sources”. If it says something like “allowed sources for candidates include...” it is not exhaustive. If you find information about allowed or banned sources for candidates and there is no mention about foreign sources, code “NO”. Note that a regulation of this issue for candidates (if it is regulated) will almost always be found in the electoral law. In some countries, this issue is regulated in the Constitution, normally in a section specifically on elections. Note that if you find information that foreign funding is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidate s, code “NO” for both this and the preceding question. If you cannot find information, code “ND”.
Comment
Type
Law Written
Quote
"§ 441e. Contributions and donations by foreign nationals
1
(a) Prohibition. It shall be unlawful for—
(1) a foreign national, directly or indirectly, to make—
(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3))"
Source: Title 2, chapter 14, subchapter 1, section 441e (United States Code, Title 2, The Congress)
"The FECA places prohibitions on contributions and expenditures by certain individuals and organizations. The following are prohibited from making contributions or expenditures to influence federal elections: Corporations; Labor organizations; Federal government contractors; and Foreign nationals. ... Although corporations and labor organizations may not make contributions or expenditures in connection with federal elections, they may establish PACs. Corporate and labor PACs raise voluntary contributions from a restricted class of individuals and use those funds to support federal candidates and political committees." (Federal Election Commission (2011) The FEC and the Federal Campaign Finance Law, Available at http://www.fec.gov/pages/brochures/fecfeca.shtml#anchor257909, Published February 2011, Accessed 1/11/2011)
3. Is there a ban on corporate donations to political parties?
It is often discussed if corporations should be allowed to make donations to political parties, those in favour claim it is a matter of freedom of speech, those against argue that the influence of corporate interests over politics must be controlled.
If you find information that political parties are not allowed to receive donations from corporations, companies or business enterprises, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to political parties. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for political parties, and this does not include any of the above or “judicial persons”. By an “exhaustive list” is meant where it is stated something like “political parties are only allowed to receive income from the following sources”. If it says something like “allowed sources for political parties include...” it is not exhaustive. If you find information about allowed or banned sources for political parties and there is no mention about the sources mentioned above, code “NO”. If the regulations only ban donations from state-owned or public corporations etc, also code “NO”. Note that a regulation of this issue for political parties may be found in a political party law. In some countries, this issue is regulated in the Constitution, normally in a section specifically on political parties. Note that if you find information that corporate funding is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the following question. If you cannot find information, code “ND”.
Comment
Corporations and labor organizations may however establish Political Action Committees (PACs) where they can raise voluntary contributions from a restricted class of individuals and use those funds to support federal candidates and political committees.
Type
Law Written
Quote
"§ 441b. Contributions or expenditures by national banks,
corporations, or labor organizations
(a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section."
Source: Title 2, chapter 14, subchapter 1, section 441b (United States Code, Title 2, The Congress)
"The FECA places prohibitions on contributions and expenditures by certain individuals and organizations. The following are prohibited from making contributions or expenditures to influence federal elections:
Corporations;
Labor organizations;
Federal government contractors; and
Foreign nationals.
...
Although corporations and labor organizations may not make contributions or expenditures in connection with federal elections, they may establish PACs. Corporate and labor PACs raise voluntary contributions from a restricted class of individuals and use those funds to support federal candidates and political committees." (Federal Election Commission (2011) The FEC and the Federal Campaign Finance Law, Available at http://www.fec.gov/pages/brochures/fecfeca.shtml#anchor257909, Published February 2011, Accessed 1/11/2011)
4. Is there a ban on corporate donations to candidates?
It is often discussed if corporations should be allowed to make donations to candidates, those in favour claim it is a matter of freedom of speech, those against argue that the influence of corporate interests over politics must be controlled.
If you find information that candidates are not allowed to receive donations from corporations, companies and/or business enterprises, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to candidates. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for candidates, and this does not include the above or “judicial persons”. By an “exhaustive list” is meant where it is stated something like “candidates are only allowed to receive income from the following sources”. If it says something like “allowed sources for candidates include...” it is not exhaustive. If you find information about allowed or banned sources for candidates and there is no mention about the sources mentioned above, code “NO”. If the regulations only ban donations from state-owned or public corporations etc, also code “NO”. Note that a regulation of this issue for candidates (if it is regulated) will almost always be found in the electoral law. In some countries, this issue is regulated in the Constitution, normally in a section specifically on elections. Note that if you find information that corporate funding is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the preceding question. If you cannot find information, code “ND”.
Comment
Type
Law
Quote
"§ 441b. Contributions or expenditures by national banks,
corporations, or labor organizations
(a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section."
Source: Title 2, chapter 14, subchapter 1, section 441b (United States Code, Title 2, The Congress)
5. Is there a ban on donations from corporations with government contracts or partial government ownership to political parties?
A ban on donations from corporations with partial government ownership to political parties is often intended to stop indirect abuse of state resources, whereas banning contributions from companies with government contracts often seek to reduce the risk for quid-pro-quo donations.
If you find information that political parties are not allowed to receive donations from corporations, companies or business enterprises that have public/government contracts or that are partly owned or controlled by the government, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to political parties. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for political parties, and this does not include the above. By an “exhaustive list” is meant where it is stated something like “political parties are only allowed to receive income from the following sources”. If it says something like “allowed sources for political parties include...” it is not exhaustive. If you find information about allowed or banned sources for political parties and there is no mention about the sources mentioned above, code “NO”. If the regulations only ban donations from state-owned or public corporations etc, also code “NO”. Note that if you find information that funding from companies with government contracts or partial government ownership is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the following question. Note that this question does not relate to donations from direct government sources such as ministries, government agencies or public companies. This is addressed in question 11. If you have not found any information and you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Law
Quote
"§ 441c. Contributions by government contractors
(a) Prohibition. It shall be unlawful for any person—
(1) Who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use"
Source: Title 2, chapter 14, subchapter 1, section 441c (United States Code, Title 2, The Congress)
6. Is there a ban on donations from corporations with government contracts or partial government ownership to candidates?
A ban on donations from corporations with partial government ownership to candidates is often intended to stop indirect abuse of state resources, whereas banning contributions from companies with government contracts often seek to reduce the risk for quid-pro-quo donations.
If you find information that candidates are not allowed to receive donations from corporations, companies or business enterprises that have public/government contracts, or that are partly owned or controlled by the government, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to political parties. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for candidates, and this does not include the above. By an “exhaustive list” is meant where it is stated something like “political parties are only allowed to receive income from the following sources”. If it says something like “allowed sources for candidates include...” it is not exhaustive. If you find information about allowed or banned sources for candidates and there is no mention about the sources mentioned above, code “NO”. Note that if you find information that funding from companies with government contracts or partial government ownership is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the preceding question. Note that this question does not relate to donations from direct government sources such as ministries, government agencies or public companies. This is addressed in question 11. If you have not found any information and you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Law
Quote
"§ 441c. Contributions by government contractors
(a) Prohibition. It shall be unlawful for any person—
(1) Who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use"
Source: Title 2, chapter 14, subchapter 1, section 441c (United States Code, Title 2, The Congress)
7. Is there a ban on donations from Trade Unions to political parties?
In some countries where corporations and trade unions are seen as more likely to donate to different political parties, it is argued that a ban on corporate donations should be combined with a ban on trade union donations
If you find information that political parties are not allowed to receive donations from trade unions, workers’ organisations etc, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to political parties. Also code “YES” if legislation includes an exhaustive list of allowed sources of income for political parties, and this does not include any of the above. By an “exhaustive list” is meant where it is stated something like “political parties are only allowed to receive income from the following sources”. If it says something like “allowed sources for political parties include...” it is not exhaustive. If you find information about allowed or banned sources for political parties and there is no mention about the sources mentioned above, code “NO”. Note that if you find information that trade union funding is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the following question. If you have not found any information and you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Law
Quote
"§ 441b. Contributions or expenditures by national banks,
corporations, or labor organizations
(a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section."
Source: Title 2, chapter 14, subchapter 1, section 441b (United States Code, Title 2, The Congress)
8. Is there a ban on donations from Trade Unions to candidates?
In some countries where corporations and trade unions are seen as more likely to donate to different candidates, it is argued that a ban on corporate donations should be combined with a ban on trade union donations
If you find information that candidates are not allowed to receive donations from trade unions, workers’ organisations etc, code “YES”. Also code “YES” if it is stated that such entities are banned from giving support, contributions or donations to candidates.
Also code “YES” if legislation includes an exhaustive list of allowed sources of income for candidates, and this does not include any of the above. By an “exhaustive list” is meant where it is stated something like “candidates are only allowed to receive income from the following sources”. If it says something like “allowed sources for candidates include...” it is not exhaustive.
If you find information about allowed or banned sources for candidates and there is no mention about the sources mentioned above, code “NO”.
Note that if you find information that from trade unions funding is banned from being used in election campaigns, but it is not explicitly stated or clear from the context that it relates specifically to political parties or candidates, code “NO” for both this and the preceding question.
If you have not found any information and you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Law
Quote
"§ 441b. Contributions or expenditures by national banks,
corporations, or labor organizations
(a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section."
Source: Title 2, chapter 14, subchapter 1, section 441b (United States Code, Title 2, The Congress)
9. Is there a ban on anonymous donations to political parties?
To ensure that donations do not come from other banned sources and to increase transparency, anonymous donations to political parties are sometimes banned outright or banned over a certain level (critics argue that provisions for anonymous donations protects the right to privacy of donors)
If you find information that political parties are not allowed to receive donations from anonymous or unnamed sources, code “YES”. Also code “YES” if it is stated that support, contributions or donations to political parties cannot be given anonymously.
Also code “YES” if it is regulated that political parties must be able to provide names or to identify the source of all donations (a de facto ban on anonymous donations).
Code “No, but specific limit” if there are no bans but a limit on the amount donated. Please indicate the actual limit in the public comments field.
Code “NO” if you find information about sources of funding and there is no mention of anonymous sources, if anonymous donations are explicitly allowed or if it is clear that there are no limitations on sources of funds at all.
If you have not found any information and you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Ban on contributions of cash (currency) which in the aggregate exceed $100 [I$ 100] from one person. If a committee receives a cash contribution exceeding $100 [I$ 100], it must promptly return the excess amount to the contributor. If an anonymous cash contribution over $50 [I$ 50] is received, the amount in excess of $50 [I$ 50] must be used for some purpose unrelated to federal elections.
Type
Law
Quote
"No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office."
Source: Title 2, Chapter 14, Subchapter 1, §441g
"§432
[...]
(c) Recordkeeping. The treasurer of a political committee shall keep an account of—
(1) all contributions received by or on behalf of such political committee;
(2) the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person;
(3) the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year, together with the date and amount of any such contribution;"
Source: Source: Title 2, Chapter 14, Subchapter 1, §432c (United States Code, Title 2, The Congress)
10. Is there a ban on anonymous donations to candidates?
To ensure that donations do not come from other banned sources and to increase transparency, anonymous donations to candidates are sometimes banned outright or banned over a certain level (critics argue that provisions for anonymous donations protects the right to privacy of donors)
If you find information that candidates are not allowed to receive donations from anonymous or unnamed sources, code “YES”. Also code “YES” if it is stated that support, contributions or donations to candidates cannot be given anonymously.
Also code “YES” if it is regulated that candidates must be able to provide names or to identify the source of all donations (a de facto ban on anonymous donations).
Code “No, but specific limit” if there are no bans but a limit on the amount donated. Please indicate the actual limit in the public comments field.
Code “NO” if you find information about sources of funding and there is no mention of anonymous sources, if anonymous donations are explicitly allowed or if it is clear that there are no limitations on sources of funds at all.
If you cannot find information, code “ND”.
Comment
Contributions of cash (currency) which in the aggregate exceed $100 [I$ 100] from one person are prohibited. If a committee receives a cash contribution exceeding $100 [I$ 100], it must promptly return the excess amount to the contributor. If an anonymous cash contribution over $50 [I$ 50] is received, the amount in excess of $50 [I$ 50] must be used for some purpose unrelated to federal elections.
Type
Law
Quote
"No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office."
Source: Title 2, Chapter 14, Subchapter 1, §441g
"§432
[...]
(c) Recordkeeping. The treasurer of a political committee shall keep an account of—
(1) all contributions received by or on behalf of such political committee;
(2) the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person;
(3) the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year, together with the date and amount of any such contribution;"
Source: Source: Title 2, Chapter 14, Subchapter 1, §432c (United States Code, Title 2, The Congress)
11. Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)?
To stop abuse of state (administrative) resources, some countries ban the giving of state resources to political parties or candidates, or banning political parties/candidates from receiving such funds
Code “YES” if there are regulations against the giving of state resources to a particular political party/parties or candidate(s), whether or not it is in relation to elections.
Code “YES” it is stated that any or all of the following are banned from making contributions to political parties and/or candidates; government agencies, public institutions, Ministries, local government institutions, public companies (fully state owned). Also code “YES” if there is a ban on political parties or candidates receiving such support. If a ban only relates to political parties or to candidates, code “YES” and give details in an external comment.
The provision of regulated direct or indirect public funding to all eligible political party is not relevant for this question. Nor are provisions that public resources must not be used in favour of a particular party/candidate or that state agencies/staff/media must be neutral (see question 30)
Code “NO” if you find information about sources of funding and there is no mention of the use of state resources or if is clear that there are no limitations on sources of funds at all.
If you have not found any information and you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Law
Quote
Art 452, "No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 (42 U.S.C. § 2701 et seq.) shall be used to finance,
directly or indirectly, any activity designed to influence the outcome of any
election to Federal office, or any voter registration activity, or to pay the
salary of any officer or employee of the Office of Economic Opportunity
who, in his official capacity as such an officer or employee, engages in
any such activity" (Federal Campaign Finance Laws)
If you find information of a ban on any form of contributions or donations not covered by the preceding questions to either or both of political parties or candidates, code “YES”. This could for example be a ban on all forms of private donations or on donations from convicted felons. The ban could also be indirect – for example if only registered voters are allowed to contribute, then minors are as a consequence banned from making contributions. If you code “YES”, you must give details in an external comment.
If you find regulations about sources of income for political parties or candidates but there is nothing not covered by preceding questions, code “NO”.
If you judge that there may likely be regulations you have not been able to access about other forms of donations, code “ND”.
Comment
There is a ban on donations over USD 100 [I$ 100] in cash, on donations from a national bank and on donations in the name of another.
Type
Law
Quote
"§ 441b. Contributions or expenditures by national banks,
corporations, or labor organizations
(a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section."
Source: Title 2, chapter 14, subchapter 1, section 441b
"§ 441f. Contributions in name of another prohibited
No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution and no person shall knowingly accept a contribution made by one person in the name of another person.
§ 441g. Limitation on contribution of currency
No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office."
Title 2, chapter 14, subchapter 1, section 441f-g (United States Code, Title 2, The Congress)
13. Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)?
To reduce the influence of wealthy benefactors over party politics, some countries limit the maximum size of donations. This can also help to reduce the risk of donors trying to avoid campaign contribution limits by making large donations well ahead of elections.
Code “YES” if there are any regulations limiting the amounts that an entity (individuals, organisations etc) can donate/contribute to a political party for a certain time period, not specifically in relation to elections.
Code “NO” if you find information about political party and campaign finance but there is no information of such limits, or if there seem to be no regulations of political party finance at all. If you judge that there may likely be regulations you have not been able to access about such limits, code “ND”.
There are different limits depending on the type of the contributor.
If you code “NO” on question 13, code “NA” on this question. If you code “ND” on that question, code “ND”. Give information about the contribution limit to political parties (in the currency used in the regulation, noting which one that is) and add what the time period the limit is for, and any other information.
If you find no information about the limit (such as if it is stated that the limit is to be set by an institution), code “ND” and give details in an external comment.
Comment
There are different limits depending on who contributes. The limits to national party committee per calender yea are the following: Individuals may give $32,400 (indexed for inflation).
Political Action Committees (multi-candidate) may give $15,000 and Political Action Committees (not multicandidate) may give $32,400 (indexed for inflation). There are however no aggregate limits for the amount that an individual may donate.
15. Is there a limit on the amount a donor can contribute to a political party in relation to an election?
To reduce the influence of wealthy benefactors particularly in relation to election campaigns, some countries put specific limits on the maximum size of donations in relation to election campaigns.
Code “YES” if there are any regulations limiting the amounts that an entity (individuals, organisations etc) can donate/contribute to a political party in relation to elections.
Code “NO” if you find information about political party and campaign finance but there is no information of such limits, or if there seem to be no regulations of political party finance at all.
Code “Regular limit applies” when Q13 is YES but there is no regulation for Q15.
If you judge that there may likely be regulations you have not been able to access about such limits, code “No data”.
Comment
The existing limits for donations to national party committees are per calender year.
If you code “NO” on question 15, code “NA” on this question. If you code “ND” on that question, code “ND”.
Give information about the contribution limit to political parties (in the currency used in the regulation, noting which one that is) and add information such as if the limit is per constituency, per candidate or per voter. If the limit is expressed as a calculation (for example 100 times the minimum wage), code that.
If you find no information about the limit (such as if it is stated that the limit is to be set by an institution), code “ND” and give details in an external comment.
17. Is there a limit on the amount a donor can contribute to a candidate?
To reduce the influence of wealthy benefactors in relation to the campaigns by candidates, some countries put specific limits on the maximum size of donations in relation to election campaigns.
Code “YES” if there are any regulations limiting the amounts that an entity (individuals, organisations etc) can donate/contribute to a candidate in relation to elections.
Code “NO” if you find information about campaign finance but there is no information of such limits, or if there seem to be no regulations of candidate finance at all.
If you judge that there may likely be regulations you have not been able to access about such limits, code “ND”.
Comment
There are different limits depending on who the contributor is. The limits to each candidate or candidate committee per election are the following: Individual may give $2,600 [I$ 2,600] (indexed for inflation).
National Party Committee $5,000 [I$ 5,000], State, District, & Local Party Committee $5,000 [I$ 5,000], Political Action Committee (multicandidate) $5,000 [I$ 5,000], Political Action Committee (not multicandidate) $2,600 [I$ 2,600] (indexed for inflation) Authorized Campaign Committee $2,000 [I$ 2,000].
There are different limits depending on who the contributor is.
If you code “NO” on question 17, code “NA” on this question. If you code “ND” on that question, code “ND”.
Give information about the contribution limit to candidates (in the currency used in the regulation, noting which one that is) and add information such as if the limit is per constituency, or per voter. If the limit is expressed as a calculation (for example 100 times the minimum wage), code that.
If you find no information about the limit (such as if it is stated that the limit is to be set by an institution), code “ND” and give details in an external comment.
Comment
There are different limits depending on who the contributor is. The limits to each candidate or candidate committee per election are the following: Individual may give $2,600 [I$ 2,600] (indexed for inflation).
National Party Committee $5,000 [I$ 5,000], State, District, & Local Party Committee $5,000 [I$ 5,000], Political Action Committee (multicandidate) $5,000 [I$ 5,000], Political Action Committee (not multicandidate) $2,600 [I$ 2,600] (indexed for inflation) Authorized Campaign Committee $2,000 [I$ 2,000].
19. Are there provisions for direct public funding to political parties?
A key question in many countries is whether monetary assistance is provided from the State to political parties (public funding). It is argued that such support can help smaller parties make their voice heard, strengthen the capacity of political parties and to level the electoral playing field
Yes, regularly provided funding
Yes, in relation to campaigns
Yes, both regularly provided funding and in relation to campaigns
Code “REGULARLY” if it is it regulated that political parties are entitled to provision of direct public funding [money] that is provided regularly (normally annually or more often), not specifically related to election campaigns.
Code “IN RELATION TO CAMPAIGNS” if it is it regulated that political parties are entitled to provision of direct public funding [money] that is provided specifically related to election campaigns.
Code “BOTH” if both of these types of direct public funding are provided.
Code “NO” if a list of permitted sources of income of a political party does not include any mention of public funding and no information about public funding can be found. Also code “NO” if a law mentions that public funding “may” or “could” be provided, but then make an external comment explaining this.
If you cannot find information, code “ND”.
Comment
Public funding is only provided to the party convention committees and candidates. Presidential candidates who accept the public funding must limit spending to the amount of the grant. There are public grants available for candidates in both the primary and general elections.
Type
Law
Quote
"§ 9004. Entitlement of eligible candidates to payments
(a) In general. Subject to the provisions of this chapter—
(1) The eligible candidates of each major party in a presidential election shall be entitled to equal payments under section 9006 in an amount which, in the aggregate, shall not exceed the expenditure limitations applicable to such candidates under section 441a(b)(1)(B) of title 2."
Source: Title 26. Internal Revenue Code, Chapter 95 Presidential Election Campaign Fund
"§ 9034. Entitlement of eligible candidates to payments
(a) In general. Every candidate who is eligible to receive payments under section 9033 is entitled to payments under section 9037 in an amount equal to the amount of each contribution received by such candidate on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year exceeds $250. [...]
(b) Limitations. The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 441a(b)(1)(A) of title 2."
Source: Title 26. Internal Revenue Code, Chapter 96, Presidential Primary Matching Payment Account, §9034,"§ 9033. Eligibility for payments
(a) Conditions. To be eligible to receive payments under section 9037, a candidate shall, in writing—
(1) agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses,
(2) agree to keep and furnish to the Commission any records, books, and other information it may request, and
(3) agree to an audit and examination by the Commission under section 9038 and to pay any amounts required to be paid under such section.
(b) Expense limitation; declaration of intent; minimum contributions. To be eligible to receive payments under section 9037, a candidate shall certify to the Commission that—
(1) the candidate and his authorized committees will not incur qualified campaign expenses in excess of the limitations on such expenses under section 9035,
(2) the candidate is seeking nomination by a political party for election to the office of President of the United States,
(3) the candidate has received matching contributions which in the aggregate, exceed $5,000 in contributions from residents of each of at least 20 States, and
(4) the aggregate of contributions certified with respect to any person under paragraph (3) does not exceed $250.
[...]"
Source: Title 26, Chapter 96 Presidential Primary Matching Payment Account, § 9033
"§ 9034. Entitlement of eligible candidates to payments
(a) In general. Every candidate who is eligible to receive payments under section 9033 is entitled to payments under section 9037 in an amount equal to the amount of each contribution received by such candidate on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year exceeds $250. For purposes of this subsection and section 9033(b), the term “contribution” means a gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4).
(b) Limitations. The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 441a(b)(1)(A) of title 2."
Source: Title 26, Chapter 96 Presidential Primary Matching Payment Account, § 9034 (United States Code, Title 26, Internal Revenue Code)
Limit campaign expenses and private contributions; providing closed captioning in tv commercials for hearing impaired individuals
If you code “NO” on question 20, code “NA” on this question. If you code “ND” on question 20, code “ND”.
Give the basis used to establish eligibility for political parties to access direct funding (or “who has the right to receive”).
If the eligibility criteria is that a political party must have representation in an elected body, code “REPRESENTATION IN ELECTED BODY”.
If the eligibility is that a party must have won a certain share of votes in the preceding election, code ”SHARE OF VOTES IN PREVIOUS ELECTION” including the percentage that is required.
If the eligibility is that a party must win a certain share of votes in the next election, code ”SHARE OF VOTES IN NEXT ELECTION” including the percentage that is required (this is sometimes used when public funding is provided after an election).
If the eligibility is based on a certain number of seats or “representation” that each party holds or won in the preceding election, code SHARE OF SEATS IN PREVIOUS ELECTION” including the percentage that is required.
If the eligibility is based on a certain number of seats or “representation” that each party wins in the next election, code SHARE OF SEATS IN NEXT ELECTION” including the percentage that is required (this is sometimes used when public funding is provided after an election).
If eligibility is established by the number of candidates presented by the party (in the preceding or forthcoming election) code “NO. OF CANDIDATES”, noting the number of candidates needed. Also use this code if eligibility is based on a political party is required to present candidates in a certain number of districts etc.
If eligibility is established by the number of members of the party, code “NO. OF MEMBERS”, noting the number of members needed.
If another criteria is used, code “OTHER” (and give an external comment to specify.
If more than one criterion is used, code all the applicable options.
If you cannot find information, or if it is stated that the eligibility criteria is decided by a particular institution, code “ND”.
In case the answer “BOTH” was given in question 19 and the eligibility criteria is different for the two types of direct public funding, the answer to this question should relate to the funding given in relation to campaign support, with information about for regular assistance noted in internal comments.
Comment
To be eligible to receive the public funds in a general election, a candidate must limit spending to the amount of the grant and may not accept private contributions for the campaign. Private contributions may, however, be accepted for a special account maintained exclusively to pay for legal and accounting expenses associated with complying with the campaign finance law.The amount of public funding to which a minor party (recieving betwen 5 and 25 percent of the total popular vote in the preceding Presidential election) candidate is entitled is based on the ratio of the party's popular vote in the preceding Presidential election to the average popular vote of the two major party candidates in that election. A new party candidate (a party that is neither a major party nor a minor party) receives partial public funding after the election if he/she receives 5 percent or more of the vote. The entitlement is based on the ratio of the new party candidate's popular vote in the current election to the average popular vote of the two major party candidates in the election.
21. If there are provisions for direct public funding to political parties, what is the allocation calculation?
In each country where public funding is provided, it must be determined how the funds is distributed between the political parties that are eligible for support
If you code “NO” on question 20, code “NA” on this question. If you code “ND” on question 20, code “ND”. This question refers to how the public funding is distributed between those that have a right to receive it. Public funding can be provided equally to all eligible political parties; totally in proportion to something like seats or votes won; or (most commonly) a combination of the two. If the regulation is that all political parties receive the same amount, enter “EQUAL”. Do the same if it is simply stated that the funds are allocated “equally”. If it is stated that the funds are allocated proportionally, note the basis for such proportionality. If it for example is stated that the allocation is based on the number of seats or the “representation” of each party, enter “SEATS”. If it stated that the funds is allocated by the number of votes received (in the preceding or forthcoming election), enter “VOTES”. If it is allocated by the number of members of the party, enter “MEMBERS”. If it is allocated by the number of candidates presented by the party (in the preceding or forthcoming election) enter “CANDIDATES”. If another criterion is used, enter “OTHER” (and give a internal comment). If more than one criterion is used (for example if some of the proportional funds is distributed by one criteria and some by another, enter “COMBINATION” (and give an external comment). If some of the funds are provided equally and some proportionally, also note the percentage of the funds that are allocated proportionally. If you cannot find information, code “ND”. In case the answer “BOTH” was given in question ##19 and the allocation criteria is different for the two types of direct public funding, the answer to this question should relate to the funding given in relation to campaign support, with information about for regular assistance noted in internal comments.
Comment
Public funding is distributed equally between eligble major parties in the general election. Minor parties eligible for public funding recieves an amount which bears the same ratio to the major parties public funding as the number of popular votes recieved in the previous presidential election does to the average number of popular votes recieved by the major parties.
Type
Law Written
Quote
"§ 9004. Entitlement of eligible candidates to payments
(a) In general. Subject to the provisions of this chapter—
(1) The eligible candidates of each major party in a presidential election shall be entitled to equal payments under section 9006 in an amount which, in the aggregate, shall not exceed the expenditure limitations applicable to such candidates under section 441a(b)(1)(B) of title 2.
(2) (A) The eligible candidates of a minor party in a presidential election shall be entitled to payments under section 9006 equal in the aggregate to an amount which bears the same ratio to the amount allowed under paragraph (1) for a major party as the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding presidential election bears to the average number of popular votes received by the candidates for President of the major parties in the preceding presidential election."
Source: Title 26, chapter 95, Presidential Election Campaign Fund, §9004 (United States Code, Title 26, Internal Revenue Code)
If you code “NO” on question 20, code “NA” on this question. If you code “ND” on question 20, code “ND”.
If it is noted that direct public funding provided to political parties must only be used for certain purposes, code which.
If it is stated that the money must be used for election campaign purposes, code “CAMPAIGN SPENDING”.
If it is noted that the money must be used for ongoing party activities such as administration, public awareness campaigns, policy platform development, voter interaction or membership drives, code “ONGOING PARTY ACTIVITIES”.
If funds are given directly to or explicitly intended for the use of particular institutions within political parties, such as Youth or Women’s Wings or research or policy institutions within parties, code “INTRA-PARTY INSTITUTION”. Provide additional information in an external comment.
If some other form of earmarking is noted, or if it is noted that public funds must not be used for a certain purpose, code “OTHER” and give an external comment.
If funds are earmarked for several uses, code all the applicable options. If there are no provisions for what direct public funding must be used, code “NO”.
If you cannot find information, code “ND”.
In case the answer “BOTH” was given in question 19 and the answer to this question is different for the two types of direct public funding, the answer to this question should relate to the funding given in relation to campaign support, with information about for regular assistance noted in internal comments.
23. Are there provisions for free or subsidized access to media for political parties?
A form of indirect state assistance is to provide free or subsidised access to eligible political parties to (often state controlled) media. This is normally intended to help level the playing and allowing eligible political parties to make their message heard.
Code “YES” if political parties are entitled to free or subsidised access to public or private TV, radio, newspaper or other media, regardless of whether this is in relation to election campaigns or not. Note details in an external comment. A provision that media outlets should treat political parties without bias would not be relevant for this question.
Information about this issue is sometimes not listed together with general political party or campaign finance provisions; sometimes it is regulated in an electoral law (or similar) in paragraphs that relate to the role of media in elections.
Code “NO” if you find information about political party finance and media in elections but there is no information of such benefits.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
24. If there are provisions for political parties’ free or subsidized access to media, what criteria determine access allocation?
In countries where free or subsidised access to media is provided to political parties, this question covers how this access is distributed between the eligible parties
25. Are there provisions for free or subsidized access to media for candidates?
A form of indirect state assistance is to provide free or subsidised access to eligible candidates to (often state controlled) media. This is normally intended to help level the playing and allowing eligible candidates to make their message heard.
Code “YES” if candidates are entitled to free or subsidised access to public or private TV, radio, newspaper or other media, regardless of whether this is in relation to election campaigns or not. Note details in an external comment. A provision that media outlets should treat candidates without bias would not be relevant for this question.
Information about this issue is sometimes not listed together with general political party or campaign finance provisions; sometimes it is regulated in an electoral law (or similar) in paragraphs that relate to the role of media in elections.
Code “NO” if you find information about political party finance and media in elections but there is no information of such benefits. If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Deduction
Quote
P 7, "Equal opportunities (sometimes referred to as “equal time”) require that a broadcaster treat all candidates for the same office in the same way. Stations must provide equal amounts of time for candidates for the same office, and otherwise treat candidates for the same office in the same way. While the idea sounds simple, there are a number of specific issues that arise—including appearances by candidates on news programs, as well as the case of the broadcast employee who decides to enter politics by running for elective office. Specific issues that are in the equal opportunities area are discussed below. " [The provision of media access is however not free or subsidised] (Oxenford, David (2009) Political Broadcasting Answering Your Questions on the FCC’s Rules and Policies. Davis Wright Tremaine LL, Washington)
26. Are there provisions for any other form of indirect public funding?
Apart from the provision of free or subsidised access to media, some countries provide other forms of indirect state funding, such as tax benefits for political parties, candidates or donors. This question covers all such other forms of indirect public funding.
If you find information of any form of support, assistance or benefit from the state to either or both of political parties or of candidates not covered by the preceding questions, code “YES”.
This could for example be; • Political parties/candidates being exempt from tax or custom duties, or receiving other tax benefits • Donors to political parties/candidates receiving tax benefits from donations • Provision of free or subsidized transport, postage, office space, areas for events, poster.
If you code “YES”, you must give details in an external comment.
If you find regulations about state assistance to political parties or candidates but there is nothing not covered by preceding questions, code “NO”.
If you judge that there may likely be regulations you have not been able to access about other forms of donations, code “ND”.
Comment
So called 527s (following section 527 of the Internal Revenue Code) are political organizations exempted from tax. They may not coordinate their activities with a candidate or a party.
Type
Law
Quote
"§ 527. Political organizations
(a) General rule. A political organization shall be subject to taxation under this subtitle only to the extent provided in this section. A political organization shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes."
Source: Title 26, § 527 (United States Code, Title 26, Internal Revenue Code)
27. Is the provision of direct public funding to political parties related to gender equality among candidates?
Some countries reduce the funding provided to political parties if they do not meet certain criteria regarding gender equality among their candidates, or provide additional state funding to political parties that meet such criteria.
If you code “NO” on question 19, code “NA” on this question. If you code “ND” on that question, code “ND”.
Code “YES” if there are provisions that political parties will receive additional public funding if they meet criteria relating to gender equality among their candidates, or if political parties risk losing all or some of their public funding if they do not reach such criteria. Explain the criteria briefly, noting both the sanction/reward and the definition of gender equality to be used.
Examples include reduced funding if gender inequality among candidates/ extra funding added for parties with gender equality among candidates/earmarking of funds for gender equality activities. A search in each law for “women”, “gender” and “sex” may be useful.
Code “NO” if you find no information in legislation or other sources that a connection between direct public funding and the gender equality is in use.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
28. Are there provisions for other financial advantages to encourage gender equality in political parties?
Some countries use other types of financial measures to encourage gender equality within political parties. This can include earmarking of public funding to women’s wings or for gender-related activities, or to reduce the nomination deposit for women candidates
This question relates to regulations that are explicitly aimed at increasing gender equality in the activities or organisation of political parties.
If there is provision that public funding (direct or indirect) is to be given especially to the Women’s Wing (or similar) of a political party, code “FUNDING OF WOMEN’S WING”.
If it is stated that women candidates or that political parties that fulfil certain criteria regarding gender equality benefit from increased access to media, code “INCREASED MEDIA ACCESS”.
If it is stated that women candidates or that political parties that fulfil certain criteria regarding gender equality benefit from tax benefits, or that donors to women candidates or political parties that fulfil certain criteria regarding gender equality receive tax benefits, code “TAX BENEFITS.
If it is stated that women candidates or that political parties that fulfil certain criteria regarding gender equality benefit from reduced candidate nomination fees, code “REDUCED NOMINATION FEES”.
If it is stated that women candidates or that political parties that fulfil certain criteria regarding gender equality benefit from other forms of regulation, code “OTHER”.
Give additional information in an external comment (you must do so if you have coded “other”).
A search in each law for the terms “women”, “gender” and “sex” may be useful.
If more than one alternative apply, code all of them.
Code “NO” if you find no information in legislation or other sources that financial benefits to increase gender equality is in use.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
One type of campaign spending banned in many countries is the buying (and selling of votes), in other words to offer or provide financial or material incentives for voters to vote in a certain way or to abstain from voting.
Code “YES” if there is a ban on bribing or influencing voters to vote in a certain manner.
Note that this information is not normally found among regular political party or campaign finance provisions. Often bans of this type are found in a list of election offences or similar, which tends to be placed towards the end of election laws.
Code “NO” if no such provisions exist. Also code “NO” if there is a ban on political parties or candidates to incur certain expenses such as charitable spending in relation to elections, but there is no necessary connection made between such spending and exerting influence on how people vote.
If you judge that there may likely be regulations you have not been able to access about other vote buying (or election offences), code “ND”.
Comment
Type
Law
Quote
"§ 597. Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both."
Source: Title 18. Crimes and Criminal Procedure, Chapter 29—Elections and Political Activities, §597 (United States Code, Title 18, Crimes and Criminal Procedure)
30. Are there bans on state resources being used in favour or against a political party or candidate?
To reduce abuse of state (administrative) resources, some countries ban the use of public resources in favour of or against a particular political party or candidate (excluding regulated public funding). This can include an overall ban, but it can also include specific bans on bias in state controlled media; public officials campaigning while on duty or the use of government vehicles in election campaigns
This question is different from question 11 in that this question relates not to resources being given to political parties or candidates, but to resources being used directly or indirectly in favour of a political party or candidate.
Code “YES” if there are any regulations against the use of state resources to favour a particular political party or candidate, whether or not it is in relation to elections or who is using these resources. This could for example include; • A general ban on using state resources in favour of a political party or candidate • A ban on government vehicles being used in election campaigns • A ban on campaigning taking place at government facilities (unless same access given to all contestants) • A ban on civil servants or state employees to campaign while on duty/during office hours • A ban on public media giving biased coverage in relation to political parties or elections, or a requirement for public media to be neutral in its reporting (regulations of private media are not relevant in this regard).
(Give details in an external comment).
Note that this type of regulation may not be in the same place as information about political party or campaign finance. There may for example be a separate section on this issue, or information may be included among a list of election offences (such a list is often find towards the end of electoral laws).
The provision of regulated direct or indirect public funding to all eligible political party is not relevant for this question. Code “NO” if you have access to regulations about elections (and if possible political party activities) and there is no mention of the use of state resources.
If you judge that there may likely be regulations you have not been able to access about the use of state resources, code “ND”.
Comment
Federal employees face limits to their involvement in election campaigns
Type
Written
Quote
"FURTHER RESTRICTED EMPLOYEES
Further Restricted Employees – Political Restrictions and Prohibited Activities
Further restricted federal employees are prohibited from taking an active part in partisan political management or partisan political campaigns. Specifically, these employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. Such employees:
May not be a candidate for nomination or election to public office in a partisan election.
May not take an active part in partisan political campaigns. For example:
May not campaign for or against a candidate or slate of candidates.
May not make campaign speeches or engage in other campaign activities to elect partisan candidates.
May not distribute campaign material in partisan elections.
May not circulate nominating petitions.
May not take an active part in partisan political management. For example:
May not hold office in political clubs or parties.
May not organize or manage political rallies or meetings.
May not assist in partisan voter registration drives.
May not use their official authority or influence to interfere with or affect the result of an election. For example:
May not use their official titles or positions while engaged in political activity.
May not invite subordinate employees to political events or otherwise suggest to subordinates that they attend political events or undertake any partisan political activity.
May not solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group. For example:
May not host a political fundraiser.
May not invite others to a political fundraiser.
May not collect contributions or sell tickets to political fundraising functions.
May not engage in political activity – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle. For example:
May not wear or display partisan political buttons, T-shirts, signs, or other items.
May not make political contributions to a partisan political party, candidate for partisan political office, or partisan political group.
May not post a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.
May not use any e-mail account or social media to distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group." ["Further restricted employees" includes staff of certain EMB, security and law enforcement agencies] (US Office of Special Council (2011) Further Restricted Employees. Available at http://www.osc.gov/haFederalFurtherRestrisctionandActivities.htm, Published 13/09/2011, Accessed 10/11/2011)
"LESS RESTRICTED EMPLOYEES
Less Restricted Employees – Political Restrictions and Prohibited Activities
The Hatch Act prohibits less restricted federal employees from:
May not use their official authority or influence to interfere with or affect the result of an election. For example:
May not use their official titles or positions while engaged in political activity.
May not invite subordinate employees to political events or otherwise suggest to subordinates that they attend political events or undertake any partisan political activity.
May not solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group. For example:
May not host a political fundraiser.
May not invite others to a political fundraiser.
May not collect contributions or sell tickets to political fundraising functions.*
May not be candidates for public office in partisan political elections.
May not knowingly solicit or discourage the participation in any political activity of anyone who has business pending before their employing office.
May not engage in political activity – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle. For example:
May not distribute campaign materials or items.
May not display campaign materials or items.
May not perform campaign related chores.
May not wear or display partisan political buttons, T-shirts, signs, or other items.
May not make political contributions to a partisan political party, candidate for partisan political office, or partisan political group.
May not post a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.
May not use any e-mail account or social media to distribute, send, or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.
* Soliciting, accepting, or receiving such donations or contributions may be done so long as the person being solicited is: 1) a member of the same federal labor organization as defined under section 7103(4) of this title or a federal employee organization which as of the date of enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))); 2) not a subordinate employee; and 3) the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4)of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4))) of such federal labor organization as defined under section 7103(4) of this title or a federal employee organization which as of the date of the enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4)of the Federal Election Campaign Act of 1971 (2) U.S.C. 441a(a)(4)))." ["Less restricted employees" includes most federal executive branch employees] (US Office of Special Council (2011) Further Restricted Employees. Available at http://www.osc.gov/haFederalLessRestrisctionandActivities.htm#, Published 28/09/2011, Accessed 10/11/2011)
31. Are there limits on the amount a political party can spend?
To limit the advantage of political parties with more access to money, and sometimes to reduce overall spending on political party activities and election campaigns, some countries limit the amount that political parties are allowed to spend
Code “YES” if there are any regulations limiting the amounts that political parties can spend, either for a certain time period or in relation to an election. Give details in an external comment.
Code “NO” if you find information about political party and campaign finance but there is no information of such limits, or if there seem to be no regulations of political party finance at all.
If you judge that there may likely be regulations you have not been able to access about such limits, code “ND”.
Comment
Parties are subject to limits in relation to expenditure made in coordination with candidates (presidential and for federal office). However, there are no such limits for expenditure made without such coordination (independent spending).
Type
Law Written
Quote
"...In a plurality decision, Justice Stephen G. Breyer announced the judgment of the Court and authored an opinion, in which the Court ruled that the First Amendment prohibits the application of the Party Expenditure Provision of the Federal Election Campaign Act of 1971 (FECA) to the kind of expenditure at issue here-an expenditure that the political party has made independently, without coordination with any candidate. Justices O'Connor and Souter joined Justice Breyer. Justice Kennedy, joined by Chief Justice Rehnquist and Justice Scalia, concluded that, on its face, FECA violates the First Amendment when it restricts as a "contribution" a political party's spending "in cooperation, consultation, or concert, with_a candidate." Justice Thomas concluded that the Provision is unconstitutional not only as applied to the Colorado Republican Federal Campaign Committee, but also on its face. Dissenting, Justices Stevens and Ginsburg agreed with the judgment of the Court of Appeals." (The Oyez Project at IIT Chicago-Kent College of Law (2011) COLORADO REP FED CAMPAIGN COMM v. FEC. Available at http://www.oyez.org/cases/1990-1999/1995/1995_95_489. Published 4/11/2011, Accessed 10/11/2011)
"§441a
[...]
(d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office.
(1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2), (3) and (4) of this subsection.
(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e) of this section). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. [...]"
Source: Title 2, Chapter 14, Subchapter 1, § 441a (d) (United States Code, Title 2, The Congress)
The limit for coordinated expenditure is an amount equal to 2 cents multiplied by the voting age population of the United States.
If you code “NO” on question 31, code “NA” on this question. If you code “ND” on that question, code “ND”.
Give information about the spending limit for political parties (in the currency used in the regulation, noting which one that is) and add if the limit is for a certain time period, for an election and also if it is per constituency or per voter etc.
If you find no information about the limit (such as if it is stated that the limit is to be set by an institution), code “ND” and give details in an external comment.
Comment
However, these limits do not apply for expenditure made without such coordination (independent spending)
Type
Law Written
Quote
"...In a plurality decision, Justice Stephen G. Breyer announced the judgment of the Court and authored an opinion, in which the Court ruled that the First Amendment prohibits the application of the Party Expenditure Provision of the Federal Election Campaign Act of 1971 (FECA) to the kind of expenditure at issue here-an expenditure that the political party has made independently, without coordination with any candidate. Justices O'Connor and Souter joined Justice Breyer. Justice Kennedy, joined by Chief Justice Rehnquist and Justice Scalia, concluded that, on its face, FECA violates the First Amendment when it restricts as a "contribution" a political party's spending "in cooperation, consultation, or concert, with_a candidate." Justice Thomas concluded that the Provision is unconstitutional not only as applied to the Colorado Republican Federal Campaign Committee, but also on its face. Dissenting, Justices Stevens and Ginsburg agreed with the judgment of the Court of Appeals." (The Oyez Project at IIT Chicago-Kent College of Law (2011) COLORADO REP FED CAMPAIGN COMM v. FEC. Available at http://www.oyez.org/cases/1990-1999/1995/1995_95_489. Published 4/11/2011, Accessed 10/11/2011)
"§441a
[...]
(d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office.
(1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2), (3) and (4) of this subsection.
(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e) of this section). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. [...]"
Source: Title 2, Chapter 14, Subchapter 1, § 441a (d) (United States Code, Title 2, The Congress)
33. Are there limits on the amount a candidate can spend?
To limit the advantage of candidates with more access to money, and sometimes to reduce overall spending on election campaigns, some countries limit the amount that candidates are allowed to spend
Code “YES” if there are any regulations limiting the amounts that an election candidate can spend, either for a certain time period or in relation to an election. Code “YES” even if such limits only applies to certain candidates (give details in an external comment).
Code “NO” if you find information about candidate finance but there is no information of such limits, or if there seem to be no regulations of candidate finance at all.
If you judge that there may likely be regulations you have not been able to access about such limits, code “ND”.
Comment
The expenditure limits is only applicable to candidates (presidential and for federal office) who accept public funding in the general election. Candidates who accept public funding must limit spending to the amount of the grant.
Type
Law
Quote
"§ 9004.
[..]
(b) Limitations. The aggregate payments to which the eligible candidates of a political party shall be entitled under subsections (a)(2) and (3) with respect to a presidential election shall not exceed an amount equal to the lower of—
(1) the amount of qualified campaign expenses incurred by such eligible candidates and their authorized committees, reduced by the amount of contributions to defray qualified campaign expenses received and expended or retained by such eligible candidates and such committees, or
(2) the aggregate payments to which the eligible candidates of a major party are entitled under subsection (a)(1), reduced by the amount of contributions described in paragraph (1) of this subsection."
Source: Title 26, chapter 95 Presidential Election Campaign Fund, § 9004b (United States Code, Title 26, Internal Revenue Code)
If you code “NO” on question 33, code “NA” on this question. If you code “ND” on that question, code “ND”.
Give information about the spending limit for candidates (in the currency used in the regulation, noting which one that is) and add if the limit is for a certain time period, for an election and also if it is per constituency or per voter etc.
If you find no information about the limit (such as if it is stated that the limit is to be set by an institution), code “ND” and give details in an external comment.
35. Do political parties have to report regularly on their finances?
To ensure transparency in political party finance, some countries require that political parties submit regular financial reports (such as quarterly or annually), whether or not an election has taken place during this period.
Note that this question does not relate to any financial reports, statements or disclosure that political parties need to make in relation to election campaigns (such as submitting certain information before or after an election date).
If there any requirements that political parties or any institution within political parties must provide certain financial information, submits reports or makes financial statements regularly (often annually), code “YES”. Add any details in an external comment.
If political party or political finance legislation makes no mention of political parties having to submit any financial records, reports or statements, or if a written source or expert witness states that there are no such requirements, code “NO”.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Candidate committees, party committees and PACs are required to file periodic reports disclosing the money they raise and spend.
Type
Law
Quote
"(3) If the committee is the principal campaign committee of a candidate for the office of President—
(A) in any calendar year during which a general election is held to fill such office—
(i) the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report otherwise due in November and December, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year"
Source: Title 2, Chapter 14, Subchapter 1, Disclosure of Federal Campaign Funds, § 434 (a) (3) (A) (United States Code, Title 2, The Congress)
36. Do political parties have to report on their finances in relation to election campaigns?
To ensure transparency in campaign finance, some countries require that political parties submit special financial reports in relation to election campaigns
Note that this question does not relate to any financial reports, statements or disclosure that political parties need to make regularly (such as annually), only such made in relation to election campaigns (such as submitting certain information before or after an election date).
If there are any requirements that political parties or any institution within political parties must provide certain financial information, submits reports or makes financial statements in relation to an election campaign, code “YES”. Add any details in an external comment.
If political party, political finance or electoral legislation makes no mention of political parties having to submit any financial records, reports or statements, or if a written source or expert witness states that there are no such requirements, code “NO”.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Candidate committees, party committees and PACs are required to file periodic reports disclosing the money they raise and spend. Candidates must identify, for example, all PACs and party committees that give them contributions, and they must identify individuals who give them more than $200 [I$ 200] in an election cycle. Additionally, they must disclose expenditures exceeding $200 [I$ 200] per election cycle to any individual or vendor.
Type
Law
Quote
(B) in any other calendar year, the treasurer shall file either—
(i) monthly reports, which shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month; or
(ii) quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter and which shall be complete as of the last day of each calendar quarter."
Source: Title 2, Chapter 14, Subchapter 1, Disclosure of Federal Campaign Funds, § 434 (a) (3) (B) (United States Code, Title 2, The Congress)
If there are any requirements that candidates must submit certain financial information, submits reports or makes financial statements in relation to an election campaign, code “YES”.
If, political finance or electoral legislation makes no mention of candidates having to submit any financial records, reports or statements, or if a written source or expert witness states that there are no such requirements, code “NO”.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Candidate committees, party committees and PACs are required to file periodic reports disclosing the money they raise and spend.
Type
Law
Quote
"(3) If the committee is the principal campaign committee of a candidate for the office of President—
(A) in any calendar year during which a general election is held to fill such office—
(i) the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report otherwise due in November and December, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year"
Source: Title 2, Chapter 14, Subchapter 1, Disclosure of Federal Campaign Funds, § 434 (a) (3) (A) (United States Code, Title 2, The Congress)
38. Is information in reports from political parties and/or candidates to be made public?
Even if political parties and/or candidates have to submit financial reports, full transparency is not achieved unless these reports (or the information therein) is made available to the public
If you code “NO” on all of questions 35, 36 and 37, code “NA” on this question. If you code “ND” on all those questions, code “ND”.
If it is stated that some or all of the submitted information submitted is made public, including being printed in a gazette, put on a website or made available at an office, code “YES”. If there is any information that does not need to be made public, note this in an external comment. Also code “YES” if political parties are required to make information public themselves in whatever format.
If there are no statements that submitted financial reports is made public in political party, political finance or electoral laws (as applicable), or if a written source or expert witness states that there are no such requirements, code “NO”. Also code “NO” if it explicitly stated that the received information will be confidential (or similar wording).
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
The reports are available at www.fec.gov
Type
Law
Quote
"§ 438a. Maintenance of website of election reports
(a) In general. The Federal Election Commission shall maintain a central site on the Internet to make accessible to the public all publicly available election-related reports and information.
(b) Election-related report. In this section, the term ‘election-related report’ means any report, designation, or statement required to be filed under the Federal Election Campaign Act of 1971."
Source: Title 2, Chapter 14, subchapter 1, Disclosure of Federal Campaign Funds, §438a (United States Code, Title 2, The Congress)
39. Must reports from political parties and/or candidates reveal the identity of donors?
Some argue that in the interest of transparency the identity or all those making donations must be revealed in financial transports, whereas see this as an invasion of privacy. In some cases a compromise is reached by demanding that the identity of donors is revealed if the donations exceed a certain value
Code “YES” if there is a requirement for political parties or candidates to report on the identity of the persons or entities that have provided donations or contributions. This could include a general provision to reveal the identity of donors or a more specific requirement to put names, address etc of contributors in financial reports being made.
Code “SOMETIMES” if only donations above a certain value has been given or if there are other limitations to when a donor’s identity must be revealed, and note details in an external comment.
Code “NO” if it is explicitly stated that political parties do not have to reveal the identity of donors, or if there are no provisions on this issue at all.
If you judge that there may likely be regulations you have not been able to access about the identity of donors, code “ND”.
Comment
Reports must identify all PACs and party committees that give them contributions, and they must identify individuals who give them more than $200 [I$ 200] in an election cycle.
Type
Law
Quote
"§ 434. Reporting requirements
[...]
(b) Contents of reports. Each report under this section shall
disclose—
[...]
(3) the identification of each—
(A) person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such contribution;
(B) political committee which makes a contribution to the reporting committee during the reporting period, together with the date and amount of any such contribution;
(C) authorized committee which makes a transfer to the reporting committee;
(D) affiliated committee which makes a transfer to the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds to the reporting committee from another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfer;"
Source: Title 2, Chapter 14, Subchapter 1, Disclosure of Federal Campaign Funds, § 434 (b) (3) (United States Code, Title 2, The Congress)
40. What institution(s) receives financial reports from political parties and/or candidates?
The question deals with the institution(s) that to which political parties and/or candidates have to submit financial reports, either regular reports or in relation to election campaigns.
If you code “NO” on all of questions 35, 36 and 37, code “NA” on this question. If you code “ND” on all those questions, code “ND”.
Note which type of institution(s) that has a mandate to receive financial statements from political parties and or candidates, either regularly or in relation to elections.
If it is the electoral commission or similar institution, code “EMB”.
If it is a Ministry or a person or institution within a Ministry, code “MINISTRY”.
If it an institution with the specific purpose to oversee political parties or political party/campaign finance, code “SPECAL INST.”
If is a court or a person or institution within a court, code “COURT”.
If it is institution such as a national auditing bureau, code “AUDITING AGENCY”
If it is some other form of institution, code “OTHER”.
If more than one institution is involved, code all that apply.
If you cannot find information, code “ND”.
If neither political parties nor candidates need to submit any financial reports, code “NA”
Comment
Type
Law
Quote
§ 434. Reporting requirements
(a) Receipts and disbursements by treasurers of political committees; filing requirements.
[...]
(11)
[...]
(D) As used in this paragraph, the term “report” means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission."
Source: Title 2, Chapter 14, Subchapter 1, § 434 (a) (11) (D) (United States Code, Title 2, The Congress)
41. Is it specified that a particular institution(s) is responsible for examining financial reports and/or investigating violations?
Regulations are unlikely to be respected unless some institution(s) has the responsibility to oversee them. Having a mandate to receive financial reports does not necessarily mean that the institution is also required to review these reports, nor to investigate other breaches. This question covers what institution(s) has a responsibility to monitor political finance and to examine potential abuses
Note which type of institution that has a mandate to investigate breaches of financial rules by political parties, candidates or other actors, either regularly or in relation to elections. The answer may or may not be the same as in questions 40.
If it is the electoral commission or similar institution, code “EMB”.
If it is a Ministry or a person or institution within a Ministry, code “MINISTRY”.
If it an institution with the specific purpose to oversee political parties or political party/campaign finance, code “SPECAL INST.”
If is a court or a person or institution within a court, code “COURT”.
If it is institution such as a national auditing bureau, code “AUDITING AGENCY”
If it is some other form of institution, code “OTHER”.
If more than one institution is involved, code all that apply.
If you cannot find information, code “ND”.
Comment
The Federal Election Commission has exclusive jurisdiction over the civil enforcement of the federal campaign finance law, while the Department of Justice prosecutes criminal violations.
Type
Law
Quote
"§ 437d. Powers of the Commission
(a) Specific authorities. The Commission has the power—
(1) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Commission may prescribe;
(2) to administer oaths or affirmations;
(3) to require by subpoena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;
(4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3);
(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States;
(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 437g(a)(8) of this title) or appeal any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of title 26, through its general counsel;
(7) to render advisory opinions under section 437f of this title;
(8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of title 26; and
(9) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities."
Source: Title 2, Chapter 14, Subchapter 1, § 437d (United States Code, Title 2, The Congress)
42. What other institutions have a formal role in political finance oversight?
Apart from receiving reports and investigating breaches, there may be other institutions having formal roles in political finance oversight. This may for example include administering the provision of public funding, applying sanctions or hearing appeals.
Note any other institutions apart from those noted in questions 40 and 41 that have a formal role in relation to political parties or election finance. This could for example be a body that receives (but does not investigate) complaints or which hears appeals in related cases. More than one answer is allowed, and give details in an external comment.
If the electoral commission or similar institution, code “EMB”.
If a Ministry or a person or institution within a Ministry, code “MINISTRY”.
If it an institution with the specific purpose to oversee political parties or political party/campaign finance, code “SPECAL INST.”
If is a court or a person or institution within a court, code “COURT”.
If it is institution such as a national auditing bureau, code “AUDITING AGENCY”
If it is some other form of institution, code “OTHER”.
If more than one institution is involved, such as if one institution deals with political party breaches and one with election infractions, code all that apply.
If you cannot find information, code “ND”.
Comment
If the FEC determines that there is probable cause to believe that a violation has/will occur it may refer the case to the Attorney General.
Type
Law
Quote
"§ 437g
[...]
(5)(C) If the Commission by an affirmative vote of 4 of its members, determines that there is probable cause to believe that a knowing and willful violation of this Act which is subject to subsection (d) of this section, or a knowing and willful violation of chapter 95 or chapter 96 of title 26, has occurred or is about to occur, it may refer such apparent violation to the Attorney General of the United States without regard to any limitations set forth in paragraph (4)(A)."
Source: Title 2, Chapter 14, Subchapter 1, § 437g (a) (5) (C) (United States Code, Title 2, The Congress)
43. What sanctions are provided for political finance infractions?
To ensure compliance, political finance regulations must be accompanied with sanctions against breaches. This question covers the different sanctions that are applicable for violations such as failing to submit accurate financial reports, receiving funds from prohibited sources, exceeding spending limits, abusing state resources or buying votes.
Note all types of sanctions that may be applied in case of offences related to political party or campaign finance. Multiple alternatives can be given.
If a political party, candidate or other actor (such as party officials, donors or party/candidate auditors) may be given a fine or other financial penalty, code “FINE”.
If a candidate or other actor (such as party officials, donors or party/candidate auditors) may be given a prison sentence, code “PRISON”.
If a political party or candidate has to return amounts received against the rules, or forward the amount (or a multiple of the amount) to someone else, such as the EMB, code “FORFEITURE”).
If there are offences or infractions relating to political party finance which can lead to direct public funding being withheld/reduced/stopped or demanded in return, code “LOSS OF PUBLIC FUNDING”
If a political party may be deregistered for offences relating to political finance, code “DEREGISTRATION OF PARTY”.
If a candidate may lose her/his nomination to stand for election for offences relating to political finance, code “LOSS OF NOMINATION OF CANDIDATE”.
If a person may lose the right to vote and to be elected or in cases of ineligibility for certain employment or a general suspension of political rights code “LOSS OF POLITICAL RIGHTS”. Note that for cases where a person already has been nominated, the code “loss of nomination of candidate” should be used.
If it is stated that a person who has won an elected position may be deprived of it code “LOSS OF ELECTED OFFICE”.
If it is stated that a political party may temporarily be banned either from participating in elections or more generally from carrying out political party activities code “SUSPENSION OF POLITICAL PARTY”.
If there are other types of sanctions apart from those noted above, code “OTHER”. If so, you must give details in an external comment.
If there are no provisions for sanctions regarding breaches of political finance regulations, code “NONE”.
If there are no regulations whatsoever relating to political finance (and so there cannot be any sanctions), code “NA”.
If you judge that there may likely be regulations you have not been able to access about this issue, code “ND”.
Comment
Type
Law
Quote
"437g
[...]
(d) Penalties; defenses; mitigation of offenses.
(1) (A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation or expenditure—
(i) aggregating $25,000 or more during a calendar year shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both; or
(ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than one year, or both.
(B) In the case of a knowing and willful violation of section 441b(b)(3) of this title, the penalties set forth in this subsection shall apply to a violation involving an amount aggregating $250 or more during a calendar year. Such violation of section 441b(b)(3) of this title may incorporate a violation of section 441c(b), 441f, and 441g of this title.
(C) In the case of a knowing and willful violation of section 441h of this title, the penalties set forth in this subsection shall apply without regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved.
(D)2 Any person who knowingly and willfully commits a violation of section 320 (2 U.S.C. § 441f) involving an amount aggregating more than $10,000 during a calendar year shall be—
(i) imprisoned for not more than 2 years if the amount is less than $25,000 (and subject to imprisonment under subparagraph (A) if the amount is $25,000 or more);
(ii) fined not less than 300 percent of the amount involved in the violation and not more than the greater of—
(I) $50,000; or
(II) 1,000 percent of the amount involved in the violation; or
(iii) both imprisoned under clause (i) and fined under clause (ii).
(2) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of this title 26, any defendant may evidence their lack of knowledge or intent to commit the alleged violation by introducing as evidence a conciliation agreement entered into between the defendant and the Commission under subsection (a)(4)(A) of this section which specifically deals with the act or failure to act constituting such violation and which is still in effect.
(3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether—
(A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under subparagraph (a)(4)(A);
(B) the conciliation agreement is in effect; and
(C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement."
Source: Title 2, Chapter 14, Subchapter 1 § 437g (d) (United States Code, Title 2, The Congress)
"§ 9012
[...]
(c) Unlawful use of payments.
(1) It shall be unlawful for any person who receives any payment under section 9006, or to whom any portion of any payment received under such section is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than—
(A) to defray the qualified campaign expenses with respect to which such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray such qualified campaign expenses."
Source: TItle 26, Chapter 95, § 9012 (c) (United States Code, Title 26, Internal Revenue Code)
