Austria
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
Comment
Foreign donations (from both natural and legal persons) are capped at €500. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
Foreign donations (from both natural and legal persons) are capped at €500. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Donations from legal persons (companies and all its subsidiaries in total) are capped at €7,500 per calendar year. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Donations from legal persons (companies and all its subsidiaries in total) are capped at €7,500 per calendar year. This is calculated at the level of the political party; candidates must provide the party with all the necessary information regarding donations. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
Trade unions are not included in the list of non-permittable donations. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Trade unions are not included in the list of non-permittable donations. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
Anonymous donations above €150 are not permitted. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes, above certain threshold
Comment
Anonymous donations above €150 are not permitted. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
No specific provision, although the rules stipulate that donations from "natural or legal persons who clearly want to make a donation to the party in anticipation of or in return for a specific economic or legal advantage" are not permitted. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
No specific provision, although the rules stipulate that donations from "natural or legal persons who clearly want to make a donation to the party in anticipation of or in return for a specific economic or legal advantage" are not permitted. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Political parties shall not accept donations from companies and institutions in which the public sector has a direct or at least 10% indirect interest. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Candidates shall not accept donations from companies and institutions in which the public sector has a direct or at least 10% indirect interest. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No
Comment
No specific provision in the party finance law. |
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
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
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
€ 7,500
Comment
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person. For legal entities that have subsidiaries or similar structures, this maximum amount per calendar year applies in total. For new election campaigning parties, the maximum amount is five times this amount. For political parties not represented in the state parliament, the maximum amount is double, provided that the donations are earmarked by the donor for election advertising purposes within the framework of the respective state parliament election campaign and are used accordingly. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
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
Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
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
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person
For new election campaigning parties, the maximum amount is five times this amount (€ 37,500)
For political parties not represented in the state parliament, the maximum amount is double (€ 15,000)
Comment
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person. For legal entities that have subsidiaries or similar structures, this maximum amount per calendar year applies in total. For new election campaigning parties, the maximum amount is five times this amount. For political parties not represented in the state parliament, the maximum amount is double, provided that the donations are earmarked by the donor for election advertising purposes within the framework of the respective state parliament election campaign and are used accordingly. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person For new election campaigning parties, the maximum amount is five times this amount (€ 37,500) For political parties not represented in the state parliament, the maximum amount is double (€ 15,000)
Insofar as maximum amounts are set for donations to a political party, these apply to the sum of the donations to the political party, the donations to its related organizations and to the committees of people attributable to it, as well as to members of parliament and election candidates to support them in their work for the political party political party donations.
Comment
Donations to a political party are only permitted in the amount of a total of € 7,500 per calendar year per donor, regardless of whether it is a legal or natural person. For legal entities that have subsidiaries or similar structures, this maximum amount per calendar year applies in total. For new election campaigning parties, the maximum amount is five times this amount. For political parties not represented in the state parliament, the maximum amount is double, provided that the donations are earmarked by the donor for election advertising purposes within the framework of the respective state parliament election campaign and are used accordingly. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, donation limit for private persons apply
Comment
There is no exception in the rules on donations from natural persons for the candidates themselves. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Donation is defined as " any payment, contribution in kind or living subsidy (staff provided)." Source
Section 1, Bundesgesetz über die Finanzierung politischer Parteien |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Donation is defined as " any payment, contribution in kind or living subsidy (staff provided)." Source
Section 1, Bundesgesetz über die Finanzierung politischer Parteien |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
There is no ban on commerical activities mentioned in the party finance law. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Political parties must provide information on loans from third parties in excess of €50,000 in its annual accountability report. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
No specific provision, although the rules stipulate that donations from "natural or legal persons who clearly want to make a donation to the party in anticipation of or in return for a specific economic or legal advantage" are not permitted. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
27. Are there provisions requiring donations to go through the banking system? |
Code
No
Comment
There is no specific provision on a requirement for donations to be done 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
"§ 1. (1)The federal government supports political parties in their activities in the formation of political will at the federal level by providing annual funding. Source
Paragraphs 1 & 2, Bundesgesetz über Förderungen des Bundes für politische Parteien |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
§ 1. (3)Political parties that are not represented in the National Council but that received more than 1 percent of the valid votes in an election to the National Council are entitled to funding for their activities in the election year. These political parties receive an amount of 2.5 euros (note 1) for each vote cast for them in the National Council election; These funds must be paid out within 6 months of the National Council election. Source
Paragraphs 1 & 2, Bundesgesetz über Förderungen des Bundes für politische Parteien |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal
Proportional to votes received
Share of expenses reimbursed
Other
Comment
§ 1. (1)The federal government supports political parties in their activities in the formation of political will at the federal level by providing annual funding. Source
Paragraphs 1 & 2, Bundesgesetz über Förderungen des Bundes für politische Parteien |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Comment
Special Party Support for political activity in the European Parliament only consists of a reimbursment of the electoral campaign: Source
Paragraphs 1 & 2, Bundesgesetz über Förderungen des Bundes für politische Parteien |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
|
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Some political party activities (i.e. campaign events) are exempted from taxes. Source
Article 1.1.2.4. Vereinsrichtlinien 2001 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
There are no provisions on gender equality in the party law. |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Comment
There are no provisions on gender equality in the party law. |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
"Forgery in an election or referendum Source
Paragraph 266, Strafgesetzbuch |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
A ceiling on electoral expenses is imposed. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
7 million euros
Comment
"Election advertising expenses and election advertising report Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
The maximum campaign expenditure of €7 million is calculated at the level of the party and also includes all expenditure of candidates, except for candidate expenditure of less than €15,000. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
The maximum campaign expenditure of €7 million is calculated at the level of the party and also includes all expenditure of candidates, except for candidate expenditure of less than €15,000.
Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
Third party campaigning is not explicitly regulated. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
There are no specific provisions on media advertising, the total limit of €7 million for each political party applies. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
There are no specific provisions on media advertising, the total limit of €7 million for each political party applies. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
There are not provisions on online media advertisement in the rules. |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
§ 5. (1)Every political party that was represented in the National Council, a state parliament or the European Parliament in the reporting year must publicly give an annual account of its income and expenses in an annual report. This report must also include all party structures in an appendix. The annual report is divided into two parts. The relevant party organization is responsible for preparing the respective report content. To the extent that a party within the meaning of Section 1 is already included in an accountability report in accordance with Section 2 as a territorial structure (state, district, municipal organizations) or non-territorial structure, its accountability obligation is deemed to have been fulfilled. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
§ 4. (2)Every political party that is entitled to funding under the Party Funding Act 2012, BGBl. I No. 57/2012, must prepare an election advertising report on election advertising expenditure in accordance with paragraph 1 within six months of election day and submit it to the Court of Auditors in an open and machine-readable standardized format. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
"The expenditure of the candidates is part of the election advertising report: Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
50. Do third parties have to report on election campaign finances? |
Code
No
Comment
Third party campaigning is not explicitly regulated. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
"Political parties must publish both the annual financial report and election advertising report on its website Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
§ 6. (2)Paragraph 2For the purpose of public information about the financing of political parties by private means, the political party must provide the Court of Auditors with the individual donations received over € 150 in an open and machine-readable standardized format no later than four weeks after the end of a calendar quarter, stating the name of the donor and the date the receipt of the donation, the amount and the specific recipient of the donation (division, related organization, personal committee, member of parliament or election candidate). For individual donations that exceed the amount of €500, the postal code of the home or business address of the respective donor must also be collected and reported to the Court of Auditors. The Court of Auditors must immediately publish individual donations over €500, stating the name and postal code of the donor, the date the donation was received, the amount and broken down according to the specific recipient of the donation. The Court of Auditors and the political party must delete the names of the donors after the deadline set in Section 5 Paragraph 8 has expired. Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
"§ 5. (4)The annual report must show at least the following types of income and the corresponding figures from the previous year separately: Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
"§ 5. (5)The annual report must show at least the following expenses and the corresponding figures from the previous year separately: Source
Section 3, Bundesgesetz über die Finanzierung politischer Parteien |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Other
Comment
Court of Auditors Source
Section 4, Bundesgesetz über die Finanzierung politischer Parteien |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Other
Comment
Court of Auditors Source
Section 4, Bundesgesetz über die Finanzierung politischer Parteien |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Carry out investigation
Refer for investigation
Request additional information from others
Request additional information from potential violator
Audit by auditors
Comment
§ 8th. (1)The audit of the annual reports and the election campaign reports by auditors (§ 4 para. 5 and § 5 para. 2) must include whether the provisions of this federal law have been complied with. The test must be designed in such a way that mathematical inaccuracies and violations of this law are detected when the profession is carried out conscientiously. Source
Section 4, Bundesgesetz über die Finanzierung politischer Parteien |
58. What sanctions are provided for political finance infractions? |
Code
Comment
"Fines and administrative penalties up to €50,000 Source
Paragraphs 12 and 12a of Section 4, Bundesgesetz über die Finanzierung politischer Parteien |