Political Finance Database

Portugal

Portugal

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.'  Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

3. Is there a ban on corporate donations to political parties?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

4. Is there a ban on corporate donations to candidates?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

5. Is there a ban on donations from Trade Unions to political parties?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

6. Is there a ban on donations from Trade Unions to candidates?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Article 8.3 ‘- It is specifically forbidden to political parties:
a) Acquiring goods or services at prices lower than those practiced in the market;
b) Receive payments of goods or services rendered by them at prices manifestly above their market value;
c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.’ Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

Article 8.3 ‘- It is specifically forbidden to political parties:
a) Acquiring goods or services at prices lower than those practiced in the market;
b) Receive payments of goods or services rendered by them at prices manifestly above their market value;
c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.’

Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

 

Article 8.3 ‘- It is specifically forbidden to political parties:
a) Acquiring goods or services at prices lower than those practiced in the market;
b) Receive payments of goods or services rendered by them at prices manifestly above their market value;
c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.’ Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' 

 

Article 8.3 ‘- It is specifically forbidden to political parties:
a) Acquiring goods or services at prices lower than those practiced in the market;
b) Receive payments of goods or services rendered by them at prices manifestly above their market value;
c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.’ Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Source

Article 8a - Granting of spaces - 1 - The transfer of free space of spaces owned or managed by the State or by legal entities governed by public law, including local authorities, public sector entities corporate or social economy entities, such as those defined in article 4 of Law no. 30/2013, of May 8. 2 - The transfer of the spaces referred to in the preceding paragraph may not result in discrimination between political parties or candidatures.' 

Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

 

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

Article 7 'Scheme of singular donations- 1 - Donations of pecuniary nature made by natural persons identified are subject to the annual limit of 25 times the value of the minimum wage per donor and are mandatorily qualified by check or bank transfer.
2 - Donations of a pecuniary nature must be deposited in bank accounts exclusively destined to this effect and in which only deposits that have this origin can be made.
3 - Without prejudice to the acts and personal contributions proper to the militant activity, donations in kind, as well as assets assigned on loan, shall be considered, for the purposes of the limit provided for in paragraph 1, at their current market value and shall be listed in the list referred to in Article 12.'  Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

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
Donations of pecuniary nature made by natural persons identified are subject to the annual limit of 25 times the value of the minimum wage per donor.
Source

Article 7 'Scheme of singular donations- 1 - Donations of pecuniary nature made by natural persons identified are subject to the annual limit of 25 times the value of the minimum wage per donor and are mandatorily qualified by check or bank transfer.
2 - Donations of a pecuniary nature must be deposited in bank accounts exclusively destined to this effect and in which only deposits that have this origin can be made.
3 - Without prejudice to the acts and personal contributions proper to the militant activity, donations in kind, as well as assets assigned on loan, shall be considered, for the purposes of the limit provided for in paragraph 1, at their current market value and shall be listed in the list referred to in Article 12.'  Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
Yes, for natural persons
Source

Article 16.4 - 'The revenues provided for in sub-paragraphs c) and d) of paragraph 1 may be obtained through the
funds, even within the scope of the campaign directed to that effect, subject to the limit of 60 minimum wages per donor,
and are compulsorily entitled by check or other banking method to identify the amount
and its origin.' Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

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
The limit of 60 minimum wages per donor.
Source

Article 16.4 - 'The revenues provided for in sub-paragraphs c) and d) of paragraph 1 may be obtained through the
funds, even within the scope of the campaign directed to that effect, subject to the limit of 60 minimum wages per donor,
and are compulsorily entitled by check or other banking method to identify the amount
and its origin.' Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018 Series II-A - Number 82

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Source

Artigo 16.º.1 ‘ Receitas de campanha - Election campaign activities can only be financed by:
a) State subsidy;
b) Contribution of political parties that present or support candidacies for the elections to the Assembly of the Republic, the European Parliament, the Regional Legislative Assemblies and the municipalities places, as well as for President of the Republic;’ Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

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?
Code
No
Source

Artigo 16.º.1 ‘ Receitas de campanha - Election campaign activities can only be financed by:
a) State subsidy;
b) Contribution of political parties that present or support candidacies for the elections to the Assembly of the Republic, the European Parliament, the Regional Legislative Assemblies and the municipalities places, as well as for President of the Republic; c) Donations of natural persons who are supporters of the candidates for election to the President of the Republic and supporters of the groups of citizens who elect the organs of local authorities;
d) Product of fundraising activities for the electoral campaign.
2 - The parties may make advances to the accounts of the campaigns, namely for settlement of expenses, counted as provisional appropriation to the campaign and to be reimbursed after receiving the state subsidy, and these, as well as the contributions foreseen in letter b) of the previous number , be certified by documents issued by the competent bodies of the respective party.’ Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

21. Is there a limit on in-kind donations to political parties?
Code
No
Source

Art 16.6 'The use of assets belonging to the patrimony of the political party, as well as the collaboration of militants, sympathizers and supporters, are not considered as revenues or campaign expenses.' Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

22. Is there a limit on in-kind donations to candidates?
Code
No
Source

Art 16.6 'The use of assets belonging to the patrimony of the political party, as well as the collaboration of militants, sympathizers and supporters, are not considered as revenues or campaign expenses.' Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Source

Article 8.3 ‘- It is specifically forbidden to political parties:
a) Acquiring goods or services at prices lower than those practiced in the market;
b) Receive payments of goods or services rendered by them at prices manifestly above their market value;
c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.

Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018 Series II-A - Number 82

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Source

Article 3.1 ‘Own income  - The political parties own revenues: a) The quotas and other contributions of its members; (b) the contributions of candidates and elected representatives to lists submitted by each party or coalitions or supported by them; c) Public subsidies, in accordance with the law; d) The proceeds from fundraising activities developed by them; e) Income from its assets, namely, leases, leases or financial investments;' Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018 Series II-A - Number 82

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Source

Article 3.1 ‘Own income  - The political parties own revenues: a) The quotas and other contributions of its members; (b) the contributions of candidates and elected representatives to lists submitted by each party or coalitions or supported by them; c) Public subsidies, in accordance with the law; d) The proceeds from fundraising activities developed by them; e) Income from its assets, namely, leases, leases or financial investments;' Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018 Series II-A - Number 82

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No data
27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Source

Article 7 'Scheme of singular donations- 1 - Donations of pecuniary nature made by natural persons identified are subject to the annual limit of 25 times the value of the minimum wage per donor and are mandatorily qualified by check or bank transfer.
2 - Donations of a pecuniary nature must be deposited in bank accounts exclusively destined to this effect and in which only deposits that have this origin can be made.' 

Source CAPÍTULO II( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018 Series II-A - Number 82

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, both regularly and in relation to campaigns
Source

Article 4 'Public Financing- The resources of public financing for the fulfillment of the parties' own purposes are:
(a) grants to finance political parties;
b) Grants for election campaigns;
c) Other legally provided.' Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Share of votes in previous election
  • Number of candidates nominated
  • Participation in election
Source

Article 5 Public subsidy for the funding of political parties 1 - Each party that has participated in an election, even in a coalition, and that obtains representation in the Assembly of the Republic, is granted, under the terms of the following numbers, an annual subsidy, if it requires it to the President of the Assembly of the Republic. 2 - The grant consists of a cash amount equivalent to the fraction 1/135 of the minimum wage, for each vote obtained in the most recent election of deputies to the Assembly of the Republic. 3 - In the case of an electoral coalition, the subsidy due to each of the parties included in it shall be equal to the subsidy that, according to the preceding paragraph, corresponds to the respective electoral coalition, distributed proportionally according to the deputies elected by each party, unless expressly provided in a different sense consistent with the coalition agreement. 4 - Each parliamentary group, the only representative of a party and the non-member of the parliamentary group of the Assembly of the Republic, shall be awarded annually a grant for the expenses of advising Members for political and partisan activity in which they participate and for other operating expenses, corresponding to four times the minimum annual salary, plus half of the value of the same, per Member, to be paid monthly, in accordance with paragraph 6. 5 - The parliamentary groups originating from parties that have participated in coalition to the electoral act are considered as a single parliamentary group for the purposes of the previous number. 6 - The aforementioned subsidies are paid in twelfths, on account of special appropriations for that purpose included in the Budget of the Assembly of the Republic. 7 - The subsidy provided for in the preceding paragraphs is also granted to parties that, having competed for the election to the Assembly of the Republic and have not obtained parliamentary representation, obtain a number of votes of more than 50,000, if they require it to the President of the Assembly of the Republic.

 Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to votes received
Source

Article 5 Public subsidy for the funding of political parties 1 - Each party that has participated in an election, even in a coalition, and that obtains representation in the Assembly of the Republic, is granted, under the terms of the following numbers, an annual subsidy, if it requires it to the President of the Assembly of the Republic. 2 - The grant consists of a cash amount equivalent to the fraction 1/135 of the minimum wage, for each vote obtained in the most recent election of deputies to the Assembly of the Republic. 3 - In the case of an electoral coalition, the subsidy due to each of the parties included in it shall be equal to the subsidy that, according to the preceding paragraph, corresponds to the respective electoral coalition, distributed proportionally according to the deputies elected by each party, unless expressly provided in a different sense consistent with the coalition agreement. 4 - Each parliamentary group, the only representative of a party and the non-member of the parliamentary group of the Assembly of the Republic, shall be awarded annually a grant for the expenses of advising Members for political and partisan activity in which they participate and for other operating expenses, corresponding to four times the minimum annual salary, plus half of the value of the same, per Member, to be paid monthly, in accordance with paragraph 6. 5 - The parliamentary groups originating from parties that have participated in coalition to the electoral act are considered as a single parliamentary group for the purposes of the previous number. 6 - The aforementioned subsidies are paid in twelfths, on account of special appropriations for that purpose included in the Budget of the Assembly of the Republic. 7 - The subsidy provided for in the preceding paragraphs is also granted to parties that, having competed for the election to the Assembly of the Republic and have not obtained parliamentary representation, obtain a number of votes of more than 50,000, if they require it to the President of the Assembly of the Republic.

 Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
No
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

 

II SERIES-A - NUMBER 9 58
Article 10 - Benefits - 1 - Parties are not subject to IRC and also enjoy, in addition to the provisions of a special law, exemption from the following taxes: g) Value added tax on the acquisition and transmission of goods and services that to disseminate their political message or their own identity through any media, printed, audiovisual or multimedia, including those used as propaganda material and means of communication and transportation, and the exemption is made through the exercise of the right to restitution of the tax;
Art. 10.1 - Political parties are entitled, under the terms of the law: c) To broadcast times on radio and television;

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Equal
Source

 

II SERIES-A - NUMBER 9 58
Article 10 - Benefits - 1 - Parties are not subject to IRC and also enjoy, in addition to the provisions of a special law, exemption from the following taxes: g) Value added tax on the acquisition and transmission of goods and services that to disseminate their political message or their own identity through any media, printed, audiovisual or multimedia, including those used as propaganda material and means of communication and transportation, and the exemption is made through the exercise of the right to restitution of the tax;
Art. 10.1 - Political parties are entitled, under the terms of the law: c) To broadcast times on radio and television;

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

Article 63.1 ’(Distribution of reserved times) The broadcasting times reserved by Radiotelevisão Portuguesa, SA, by private television stations, by Radiodifusão Portuguesa, SA, linked to all of its broadcasters and by private national radio stations are proportionally allocated to political parties and coalitions that have submitted a minimum of 25% of the total number of candidates and are competing in equal percentage of the total number of circles.

Source 2005 LEI ELEITORAL DA ASSEMBLEIA  DA REPÚBLICA

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Source

II SERIES-A - NUMBER 9 58
Article 10 - 'Benefits - 1 - Parties are not subject to IRC and also enjoy, in addition to the provisions of a special law, exemption from the following taxes: g) Value added tax on the acquisition and transmission of goods and services that to disseminate their political message or their own identity through any media, printed, audiovisual or multimedia, including those used as propaganda material and means of communication and transportation, and the exemption is made through the exercise of the right to restitution of the tax;' Source CAPÍTULO III ( Funding of political parties) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Yes
Source

Article 7.1 ‘Reduction of subsidy for election campaigns
1 - If they violate the provisions of Article 2 (1), parties, coalitions or groups of voters, as the case may be, suffer a reduction in participation in the 80% or 75% of the public subsidy for the planned electoral campaigns, (1) and (3) of Law no. 19/2003 of 20 June, as follows: a) If one of the sexes is represented in the application list in percentage less than 20% , the participation in that public subsidy is reduced by 50%; (b) if one of the sexes is represented in the application list in a percentage equal to or greater than 20%

Source Lei da Paridade 2006

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
Source

Article 341’Electoral fraud and corruption- 1 - Who, in the election referred to in no. 1 of article 338: a) By fraudulent deception, to take voters to vote, prevent them from voting, or cause them to vote in a sense; or b) Buy or sell vote; shall be punished with imprisonment for up to one year or with a fine of up to 120 days. 2 - The attempt is punishable.’ Penal Code 2007

39. Are there limits on the amount a political party can spend?
Code
Yes
Source

Article 20. Limits on election campaign expenses 1 - The maximum allowable amount of expenses incurred in each election campaign, national or regional, shall be set at the following values: a) 10 000 times the value of the IAS in the electoral campaign for President of the Republic, plus 2500 times the value of IAS in the in case of competing for the second round; b) 60 times the value of the IAS for each candidate presented in the electoral campaign to the Assembly of the Republic; c) 100 times the value of the IAS for each candidate presented in the electoral campaign for the Regional Legislative Assemblies; (d) 300 times the value of the IAS for each candidate submitted for the European Parliament campaign. 2 - The maximum admissible limit of expenses incurred in the electoral campaigns for local authorities is set at the following values: a) 1350 times the value of the IAS in Lisbon and Porto; b) 900 times the value of IAS in municipalities with 100,000 or more voters; c) 450 times the value of the IAS in municipalities with more than 50,000 and less than 100,000 voters; d) 300 times the value of IAS in municipalities with more than 10,000 and up to 50,000 voters; e) 150 times the value of the IAS in municipalities with 10 000 or fewer voters.

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Up to 10.000 the value of the minimum wage depending on the election.
Source

Article 20. Limits on election campaign expenses 1 - The maximum allowable amount of expenses incurred in each election campaign, national or regional, shall be set at the following values: a) 10 000 times the value of the IAS in the electoral campaign for President of the Republic, plus 2500 times the value of IAS in the in case of competing for the second round; b) 60 times the value of the IAS for each candidate presented in the electoral campaign to the Assembly of the Republic; c) 100 times the value of the IAS for each candidate presented in the electoral campaign for the Regional Legislative Assemblies; (d) 300 times the value of the IAS for each candidate submitted for the European Parliament campaign. 2 - The maximum admissible limit of expenses incurred in the electoral campaigns for local authorities is set at the following values: a) 1350 times the value of the IAS in Lisbon and Porto; b) 900 times the value of IAS in municipalities with 100,000 or more voters; c) 450 times the value of the IAS in municipalities with more than 50,000 and less than 100,000 voters; d) 300 times the value of IAS in municipalities with more than 10,000 and up to 50,000 voters; e) 150 times the value of the IAS in municipalities with 10 000 or fewer voters.

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

41. Are there limits on the amount a candidate can spend?
Code
Yes
Source

Article 341’Electoral fraud and corruption- 1 - Who, in the election referred to in no. 1 of article 338: a) By fraudulent deception, to take voters to vote, prevent them from voting, or cause them to vote in a sense; or b) Buy or sell vote; shall be punished with imprisonment for up to one year or with a fine of up to 120 days. 2 - The attempt is punishable.’ Penal Code 2007

Article 20. Limits on election campaign expenses 1 - The maximum allowable amount of expenses incurred in each election campaign, national or regional, shall be set at the following values: a) 10 000 times the value of the IAS in the electoral campaign for President of the Republic, plus 2500 times the value of IAS in the in case of competing for the second round; b) 60 times the value of the IAS for each candidate presented in the electoral campaign to the Assembly of the Republic; c) 100 times the value of the IAS for each candidate presented in the electoral campaign for the Regional Legislative Assemblies; (d) 300 times the value of the IAS for each candidate submitted for the European Parliament campaign. 2 - The maximum admissible limit of expenses incurred in the electoral campaigns for local authorities is set at the following values: a) 1350 times the value of the IAS in Lisbon and Porto; b) 900 times the value of IAS in municipalities with 100,000 or more voters; c) 450 times the value of the IAS in municipalities with more than 50,000 and less than 100,000 voters; d) 300 times the value of IAS in municipalities with more than 10,000 and up to 50,000 voters; e) 150 times the value of the IAS in municipalities with 10 000 or fewer voters.

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
From 150 to 12,500 minimum monthly wages depending on election type.
Source

Article 20. Limits on election campaign expenses 1 - The maximum allowable amount of expenses incurred in each election campaign, national or regional, shall be set at the following values: a) 10 000 times the value of the IAS in the electoral campaign for President of the Republic, plus 2500 times the value of IAS in the in case of competing for the second round; b) 60 times the value of the IAS for each candidate presented in the electoral campaign to the Assembly of the Republic; c) 100 times the value of the IAS for each candidate presented in the electoral campaign for the Regional Legislative Assemblies; (d) 300 times the value of the IAS for each candidate submitted for the European Parliament campaign. 2 - The maximum admissible limit of expenses incurred in the electoral campaigns for local authorities is set at the following values: a) 1350 times the value of the IAS in Lisbon and Porto; b) 900 times the value of IAS in municipalities with 100,000 or more voters; c) 450 times the value of the IAS in municipalities with more than 50,000 and less than 100,000 voters; d) 300 times the value of IAS in municipalities with more than 10,000 and up to 50,000 voters; e) 150 times the value of the IAS in municipalities with 10 000 or fewer voters.

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018 Series II-A - Number 82

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, third parties banned from campaign spending
Source

Art 8.3 'c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No data
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Source

Article 18.1 ‘The political parties shall annually submit to the Entity, in written and computerized form, their accounts and shall, in the previous year, communicate to the Entity the person responsible, whether a natural person or an internal body of the party.’ Source ) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

Art 18.2 ‘The financial agents of the campaigns are responsible for preparing their campaign accounts, to be presented to the Entity, within a maximum of 90 days, in the case of municipal elections, and 60 days, in all other cases, after the full payment of the subsidy public, in written and computer support.’

Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

Art 18.2 ‘The financial agents of the campaigns are responsible for preparing their campaign accounts, to be presented to the Entity, within a maximum of 90 days, in the case of municipal elections, and 60 days, in all other cases, after the full payment of the subsidy public, in written and computer support.’

Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018

50. Do third parties have to report on election campaign finances?
Code
Third parties are banned from participating in campaigns
Source

Art 8.3 'c) Receive or accept any indirect contributions or donations that result in the payment by third parties of expenses that they enjoy.

Source Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law aproved Friday, March 9, 2018

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Source

Article 21.1 ‘The Entity sends for free publication in the 2nd Series of the Diário da República the following: a) The indicative list of the value of the main means of campaigning; (b) the accounts of political parties and electoral campaigns;’ Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Source

Article 8 'Prohibited Funding- 1 - Political parties may not receive anonymous donations or receive donations or loans of a pecuniary or in kind nature of national or foreign legal persons, except as provided in the following number.' ) Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

53. Must reports from political parties and/or candidates include information on itemized income?
Code
No data
54. Must reports from political parties and/or candidates include information on itemized spending?
Code
No data
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Source

Article 18.1 ‘The political parties shall annually submit to the Entity  (EMB), in written and computerized form, their accounts and shall, in the previous year, communicate to the Entity the person responsible, whether a natural person or an internal body of the party.’ Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
Court
Source

 

Article 20.1 The Entity shall make available on the website of the Constitutional Court all information relating to its observance, including the rules governing it and its composition, including biographical elements of its members and the legislation applicable to the financing of political parties and electoral campaigns. (...) e) The judgments of the Constitutional Court issued on appeal against the decisions of the Entity regarding the regularity and legality of the accounts of political parties and electoral campaigns; f) The decisions of the Entity regarding the regularity and legality of the accounts of political parties and
campaigns.'  Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Carry out investigation Request additional information from potential violator Request additional information from others Impose sanctions Other
Source

Article 46.1 The Entity is competent to apply the sanctions provided for in this law and in Law no. 19/2003 of June 20, subject to penal sanctions. 2- The decisions of the Entity provided for in the preceding paragraph may be appealed to the Constitutional Court with suspensive effect. 3- The appeal against the accounts of political parties shall be made by means of an application submitted to the President of the Entity, together with the reasons thereof and the documentary evidence deemed appropriate, and the applicant may also request, in the application, the production of other means of proof. 4. The time limit for bringing an action shall be 30 days from the date of notification to the contested decision. 5- The Entity may revoke or uphold its decision, in which case it refers the case to the Constitutional Court. ' Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

58. What sanctions are provided for political finance infractions?
Code
Fines
Source

Art 47.1 Presidential candidates, the first candidates on each list and the first proponents of groups of citizens who are in breach of the duties provided for in Articles 15, 16 an'd 46a shall be punished with financial a minimum fine of two minimum monthly national salaries and a maximum of 32 national minimum monthly salaries.' Source  Decree of the Assembly of the Republic No. 194 / XIII: Political Funding -Alteration to the Law approved Friday, March 9, 2018

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