Argentina
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Ban does not apply to foreign persons, natural or juridical, who resides in the country. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
Individual candidates are not allowed to participate in elections, only through political parties. |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Ban does not apply to corporate donations to political parties for regular ongoing activities. For election campaigns however, contributions from legal entities are banned.
|
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Individual candidates are however not allowed to participate in elections, only through political parties.
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Candidates are not mentioned in the law. However, individual candidates are not allowed to participate in elections, only through political parties.
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
|
8. Is there a ban on anonymous donations to candidates? |
Code
No
Comment
Candidates are not mentioned in the law. However, individual candidates are not allowed to participate in elections, only through political parties.
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
ARTÍCULO 15. — "Prohibiciones. Los partidos políticos no podrán aceptar o recibir, directa o indirectamente: […] c) contribuciones o donaciones de empresas concesionarias de servicios u obras públicas de la Nación, las provincias, los municipios o la Ciudad de Buenos Aires; […]" (Source: Ley de Financiamiento de los partidos políticos, Ley 26.215, December 2009 (Financing Law)) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
Law does not regulate donations to candidates. However, individual candidates are not allowed to participate in elections, only through political parties. Source
Delia Ferreira Rubio; Independent Consultant Argentina: "The first comprehensive law on political finance (Act 25600 - 2002) expressly included "candidates" as subject to legal restrictions, prohibitions and limits aimed at political parties. Act 26215 does not mention "candidates" as subject to the to the law with the only exception of some rules regarding media ads. The wording of the legal text refers "political parties" only". (Source: Expert input provided by Delia Ferreira Rubio, Independent Consultant; International Board of Transparency International, October 2011) "Individual candidates are not allowed to participate in elections, only through political parties. In this sense, funding for individual candidates is not allowed, and parties are the only actor allowed to receive funds and report for their expenses." (Source: MoneyPoliticsTransparency.org. 2016. Argentina) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
ARTÍCULO 15. — "Prohibiciones. Los partidos políticos no podrán aceptar o recibir, directa o indirectamente: […] c) contribuciones o donaciones de empresas concesionarias de servicios u obras públicas de la Nación, las provincias, los municipios o la Ciudad de Buenos Aires; […]" (Source: Ley de Financiamiento de los partidos políticos, Ley 26.215, December 2009 (Financing Law)) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Comment
Law does not regulate donations to candidates. However, individual candidates are not allowed to participate in elections, only through political parties. Source
Delia Ferreira Rubio; Independent Consultant Argentina: "The first comprehensive law on political finance (Act 25600 - 2002) expressly included "candidates" as subject to legal restrictions, prohibitions and limits aimed at political parties. Act 26215 does not mention "candidates" as subject to the to the law with the only exception of some rules regarding media ads. The wording of the legal text refers "political parties" only". (Source: Expert input provided by Delia Ferreira Rubio, Independent Consultant; International Board of Transparency International, October 2011) "Individual candidates are not allowed to participate in elections, only through political parties. In this sense, funding for individual candidates is not allowed, and parties are the only actor allowed to receive funds and report for their expenses." (Source: MoneyPoliticsTransparency.org. 2016. Argentina) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No data
|
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Source
ARTÍCULO 16. — "Montos máximos. Los partidos políticos no podrán recibir por año calendario donaciones de: a) una persona jurídica, superiores al monto equivalente al uno por ciento (1%) del total de gastos permitidos; b) una persona física, superiores al monto equivalente al dos por ciento (2%) del total de gastos permitidos. […]" (Source: Ley de Financiamiento de los partidos políticos, Ley 26.215, December 2009 (Financing Law)) |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
1% from juridical persons and 2% from natural persons, out of the annual limit on campaign spending.
Comment
The EMB shall publish every year the applicablelimits.
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
A party or coalition may not receive private contributions greater than the difference between the expense limit and the extraordinary government subsidy. There is however a limit on the total amount that a party can receive in relation to an election. Source
ARTICULO 44. — "Límite recursos privados. Los partidos políticos o alianzas con motivo de la campaña electoral, no podrán recibir un total de recursos privados que supere el monto equivalente a la diferencia entre el tope máximo de gastos de campaña fijado por esta ley [en el art. 45] y el monto del aporte extraordinario para campaña electoral correspondiente al partido o alianza." (Source: Ley de Financiamiento de los partidos políticos, Ley 26.215, December 2009 (Financing Law)) |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
Comment
In other words, a party cannot receive privatecontributions that exceed the difference between the limit for campaignexpenses and the public funding that received for that specific purpose.
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
Comment
Candidates are not mentioned in the law. However, individual candidates are not allowed to participate in elections, only through political parties.
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
|
21. Is there a limit on in-kind donations to political parties? |
|
22. Is there a limit on in-kind donations to candidates? |
|
23. Is there a ban on political parties engaging in commercial activities? |
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
|
27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
Parties receive public funding for institutional development, political training and election campaigns.
|
29. What are the eligibility criteria for political parties to receive public funding? |
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal Proportional to votes received
Comment
For both presidential and legislative elections, 50% is distributed equally among participating parties. The remaining half is distributed between constituencies and then to parties proportional to votes gained (Presidential) or half equal, half proportional to votes gained (legislative).
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
Aside from receiving public funding for both purposes, campaign spending and ongoing activities, parties also receive public funding for printing their own ballot papers. Of the funding for ongoing activities, parties should devote at least 20% to training and research activities, and 30% of the latter for that type of activities but targeted to audiences less than 30 years
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Parties have free access to media (radio and TV) for campaign purposes in primary and general elections, but are banned from buying additional time.
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
Only parties that nominate candidates are eligible for free media access. Of the time available, 50% is allocated equally, and the rest according to the number of votes obtained in the previous election.
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
Candidates can only have access through the freetime allocated to the political parties that nominated them.
|
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
All parties' assets, bank accounts andactivities are tax exempted.
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
No
Comment
Nevertheless, the induction to vote in any givenway based on deception is regarded as a criminal offence punishable with prisonof up to two years.
|
39. Are there limits on the amount a political party can spend? |
Code
Yes
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
A multiple of a flat rate by the number of registered voters in each constituency.
Comment
The flat rate equals to the amount of an index included in the annual budget of the country.
|
41. Are there limits on the amount a candidate can spend? |
Code
No
Comment
The political parties, not the individualcandidates, are the subjects liable for spending limits.
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
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44. Are there limits on traditional media advertising spending in relation to election campaigns? |
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45. Are there limits on online media advertising spending in relation to election campaigns? |
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annually.
|
48. Do political parties have to report on their election campaign finances? |
Code
Yes
|
49. Do candidates have to report on their election campaign finances? |
Code
No
Comment
Candidates are not mentioned in the law. However, individual candidates are not allowed to participate in elections, only through political parties.
|
50. Do third parties have to report on election campaign finances? |
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The information is made public on the website of the Judicial Power. The political parties must also inform the public through a national newspaper and their own website where the reports can be found.
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
In both types of reports, the annual and theones on campaign finances, the identity of the donors shall be revealed.
|
53. Must reports from political parties and/or candidates include information on itemized income? |
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
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55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Court
Comment
National Electoral Justice is in charge of control and oversees political parties' financial information.
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
National Electoral Justice
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
|
58. What sanctions are provided for political finance infractions? |
Code
Comment
Sanctions can be imposed on political parties, including theirpresidents, treasurers, and those responsible of campaign finances; on mediarepresentatives, including their directors; on natural and juridical persons,and on pollsters. |
