Poland
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Only Polish citizens with their permanent domicile in Poland can donate.
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2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
For Presidential candidates
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3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
All donations from legal persons are banned.
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4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
For presidential candidates.
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5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
All donations from legal entities banned
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6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
All donations from legal entities to presidential candidates banned.
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7. Is there a ban on anonymous donations to political parties? |
Code
Yes
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
De facto ban
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9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
'Political parties can be funded by membership fees, donations, legacies, bequests, revenues from assets, and allocations from the state budget. Anonymous donations, as well as contributions from foreign sources and legal entities are prohibited. ' (Source: OSCE/ODIHR. 2015. Election Assessment Mission Report) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
Ban on all corporate donations to presidential candidates. Source
Art. 132:'? 4 The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic, and the election funds of political parties and bank loans taken out for purposes related to elections. '(Source: Election Code of Poland. 2011.) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
'Political parties can be funded by membership fees, donations, legacies, bequests, revenues from assets, and allocations from the state budget. Anonymous donations, as well as contributions from foreign sources and legal entities are prohibited. ' (Source: OSCE/ODIHR. 2015. Election Assessment Mission Report) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Ban on all corporate donations to presidential candidates. Source
Art. 132:'? 4 The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic, and the election funds of political parties and bank loans taken out for purposes related to elections. '(Source: Election Code of Poland. 2011.) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Campaigning must not take place on government premises.
|
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 natural persons
Source
? 2 The sum of contributions from a Polish citizen for the election committee may not exceed 15 times the minimum wage, defined under the Act of 10 October 2002 on the minimum wage (Journal of Laws No. 200, item. 1679 , 2004, No. 240, item. 2407 and of 2005 No. 157, item. 1314), in force on the day preceding the date of announcement of elections. (Source: Election Code of Poland. 2011.) |
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
Annual limit is 15 times the minimum wage
Comment
The contributions from a natural person cannot exceed 15 times the minimum wage
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
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17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
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18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
There is a limit on the amount that can be contributed to electoral committees. Source
Art 134, ' ? 1. Srodki finansowe komitetu wyborczego sa gromadzone wylacznie na jednym rachunku bankowym. Zawiadomienie, o kt?rym mowa w art. 97, stanowi podstawe do otwarcia rachunku bankowego, dokonania wpisu do Rejestru Gospodarki Narodowej (REGON) oraz nadania numeru identyfikacji podatkowej (NIP) na zasadach okreslonych w przepisach o ewidencji i identyfikacji podatnik?w i platnik?w. ? 2. Suma wplat od obywatela polskiego na rzecz danego komitetu wyborczego nie moze przekraczac 15-krotnosci minimalnego wynagrodzenia za prace, ustalanego na podstawie ustawy z dnia 10 pazdziernika 2002 r. o minimalnym wynagrodzeniu za prace (Dz. U. Nr 200, poz. 1679, z 2004 r. Nr 240, poz. 2407 oraz z 2005 r. Nr 157, poz. 1314), obowiazujacego w dniu poprzedzajacym dzien ogloszenia aktu o zarzadzeniu wybor?w. ? 3. Kandydat na posla, kandydat na senatora, kandydat na Prezydenta Rzeczypospolitej oraz kandydat na posla do Parlamentu Europejskiego bedacy obywatelem polskim moze wplacic na rzecz komitetu wyborczego sume nieprzekraczajaca 45-krotnosci minimalnego wynagrodzenia za prace, ustalanego na podstawie odrebnych przepis?w, obowiazujacego w dniu poprzedzajacym dzien ogloszenia aktu o zarzadzeniu wybor?w. ? 4. W przypadku gdy suma wplat od obywatela polskiego na rzecz danego komitetu wyborczego przekroczy kwoty okreslone odpowiednio w ? 2 albo 3, w?wczas nadwyzka sumy ponad dopuszczalny limit podlega przepadkowi na rzecz Skarbu Panstwa na zasadach okreslonych w art. 149. ? 5. Srodki finansowe moga byc wplacane na rzecz komitetu wyborczego jedynie czekiem rozrachunkowym, przelewem lub karta platnicza. ? 6. Umowa rachunku bankowego zawarta w imieniu komitetu wyborczego musi zawierac zastrzezenie o wymaganym w kodeksie sposobie dokonywania wplat na rzecz komitetu wyborczego oraz dopuszczalnym zr?dle pozyskiwania srodk?w finansowych przez komitet wyborczy, a takze o dopuszczalnym terminie dokonywania wplat.' (Source: r. Kodeks wyborczy, Ustawa 112 z dnia 5 stycznia 2011) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
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20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
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21. Is there a limit on in-kind donations to political parties? |
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22. Is there a limit on in-kind donations to candidates? |
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23. Is there a ban on political parties engaging in commercial activities? |
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24. Is there a ban on political parties taking loans in relation to election campaigns? |
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25. Is there a ban on candidates taking loans in relation to election campaigns? |
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
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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
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Share of votes in next election
Comment
3% of votes to the national parliament or 6% if part of coalition.
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30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Campaign spending Activities in line with the party constitution and charity
Comment
Parties should generally use the funds for activities in line with its constitution and for charity. There is a limit on how much money can be transferred from the state subsidy to the electoral fund of the party. ?A political party which is in receipt of the subsidy shall remit between 5% and 15% of the subsidy to the Expert Fund.?
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32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
The election committees are entitled to free of charge broadcasting time.
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33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
|
34. Are there provisions for free or subsidized access to media for candidates? |
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35. Are there provisions for any other form of indirect public funding? |
Code
No
|
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
Yes
|
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
Number of voters/ Number of registered candidates
|
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Limits for election committees apply to candidates.
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
number of seats/registered voters
Comment
Limit depends on the number of seats and registered voters in each district.
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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? |
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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
Comment
Reports have to be submitted within 3 months
|
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
The financial agents of the election committees have to submit an election report after the elections.
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50. Do third parties have to report on election campaign finances? |
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51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Reports are to be made public within 30 days.
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Names of donors donating more than one minimum wage must be published.
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53. Must reports from political parties and/or candidates include information on itemized income? |
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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
EMB
Comment
The reports are submitted to the National Electoral Commission.
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56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
National Election Commission responsible for checking submitted reports.
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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
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58. What sanctions are provided for political finance infractions? |
Code
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