San Marino
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
BLANK Source
While anonymous donations are prohibited, there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. Anonymous donations are prohibited (Article 13 LFPPM). That said, anonymous small contributions are allowed to be collected in transparent containers during conventions, festivals and events, and those amounts are reported under a relevant budget item. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
BLANK Source
While anonymous donations are prohibited, there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. Anonymous donations are prohibited (Article 13 LFPPM). That said, anonymous small contributions are allowed to be collected in transparent containers during conventions, festivals and events, and those amounts are reported under a relevant budget item. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
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
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
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
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
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
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
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
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
21. Is there a limit on in-kind donations to political parties? |
Code
No
Comment
BLANK Source
While anonymous donations are prohibited, there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts |
22. Is there a limit on in-kind donations to candidates? |
Code
No
Comment
BLANK Source
While anonymous donations are prohibited, there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
BLANK Source
While there is no ceiling on private contributions from individuals or legal entities, most parties met with by the OSCE/ODIHR NAM stated that they will rely mostly on public funds. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
BLANK Source
While anonymous donations are prohibited, there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
BLANK Source
While anonymous donations are prohibited, there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. There is no ceiling on private contributions to political parties, or on how much the latter can raise from private sources. |
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
No
Comment
BLANK Source
34. Identification data of each person providing a donation to a political party or movement, irrespective of the value of such a donation, must be entered in a specific register, which is to be kept together with accounting records. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
BLANK Source
Political parties rely largely on public funds and receive annual subsidies in proportion to their parliamentary representation. The subsidy is doubled in an election year to provide additional funds for campaigning. The State provides an annual subsidy to political parties, proportional to their parliamentary representation: [...] The annual subsidy is a fixed proportional share of the State budget; it is doubled when in an election year (Articles 2 and 5, Law No 170/2005). |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
BLANK Source
Political parties rely largely on public funds and receive annual subsidies in proportion to their parliamentary representation. The subsidy is doubled in an election year to provide additional funds for campaigning. The State provides an annual subsidy to political parties, proportional to their parliamentary representation: 75% of this funding is allocated in proportion to the number of elected parliamentarians in the respective lists, while 25% is allocated in equal fixed shares among the parties and movements represented by at least three parliamentarians. Parties and movements whose lists have obtained less than three seats are entitled to a fixed funding of 12 000 € each. [...] The annual subsidy is a fixed proportional share of the State budget; it is doubled when in an election year (Articles 2 and 5, Law No 170/2005). |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to seats received
Comment
BLANK Source
Political parties rely largely on public funds and receive annual subsidies in proportion to their parliamentary representation. The subsidy is doubled in an election year to provide additional funds for campaigning. The State provides an annual subsidy to political parties, proportional to their parliamentary representation: 75% of this funding is allocated in proportion to the number of elected parliamentarians in the respective lists, while 25% is allocated in equal fixed shares among the parties and movements represented by at least three parliamentarians. Parties and movements whose lists have obtained less than three seats are entitled to a fixed funding of 12 000 € each. [...] The annual subsidy is a fixed proportional share of the State budget; it is doubled when in an election year (Articles 2 and 5, Law No 170/2005). |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No data
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
BLANK Source
During the election campaign, San Marino RTV is obliged to provide equal access and free airtime to all candidate lists. Details of coverage are agreed upon in advance with representatives of all candidate lists. The State television and the media broadcast supplementary and complementary information programmes – whose slots are equally divided among contesting parties – and provide media access to political parties/movements at reduced costs. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
BLANK Source
During the election campaign, San Marino RTV is obliged to provide equal access and free airtime to all candidate lists. Details of coverage are agreed upon in advance with representatives of all candidate lists. The State television and the media broadcast supplementary and complementary information programmes – whose slots are equally divided among contesting parties – and provide media access to political parties/movements at reduced costs. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
BLANK Source
During the election campaign, San Marino RTV is obliged to provide equal access and free airtime to all candidate lists. Details of coverage are agreed upon in advance with representatives of all candidate lists. |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
BLANK Source
On the occasion of general elections, administrative elections or referenda, public spaces are provided for political parties/movements/committees/civil lists to affix, free of charge and on an equal basis, campaign posters and materials. Likewise, they are entitled to free use of State facilities, limited to specific time slots, beyond which a symbolic daily fee applies.[...] |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No data
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No data
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
BLANK Source
Art. 394 Source: Art. 394, Criminal Code on Electoral Matters |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
BLANK Source
A spending limit for each list is in place, which should not exceed the public funds given to the largest group in parliament, some EUR 630,000 for these elections. Each list participating in elections is subject to a limit of expenses which should not exceed 100% of the contribution given to the largest group in Parliament (Article 20(1), Electoral Law). For example, in the latest elections, such a threshold totalled around 600 000 €. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
It cannot exceed the public funds given to the largest group in parliament, some EUR 630,000 for 2016 elections.
Comment
BLANK Source
Source: OSCE/ODIHR (2016), Republic of San Marino, Early Parliamentary Elections, 20 November 2016, OSCE/ODIHR Needs Assessment Mission Report, OSCE/ODIHR, Warsaw Each list participating in elections is subject to a limit of expenses which should not exceed 100% of the contribution given to the largest group in Parliament (Article 20(1), Electoral Law). For example, in the latest elections, such a threshold totalled around 600 000 €. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
BLANK Source
A spending limit for each list is in place, which should not exceed the public funds given to the largest group in parliament, some EUR 630,000 for these elections. Each list participating in elections is subject to a limit of expenses which should not exceed 100% of the contribution given to the largest group in Parliament (Article 20(1), Electoral Law). For example, in the latest elections, such a threshold totalled around 600 000 €. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
It cannot exceed the public funds given to the largest group in parliament, some EUR 630,000 for 2016 elections.
Comment
BLANK Source
A spending limit for each list is in place, which should not exceed the public funds given to the largest group in parliament, some EUR 630,000 for these elections. Each list participating in elections is subject to a limit of expenses which should not exceed 100% of the contribution given to the largest group in Parliament (Article 20(1), Electoral Law). For example, in the latest elections, such a threshold totalled around 600 000 €. |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
There are no regulations regarding third parties spending. Source
Source: Law on Financing Political Parties and Political Movements (Law No. 170/2005). 2005 |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Comment
BLANK Source
[...] there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Comment
BLANK Source
[...] there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Comment
BLANK Source
[...] there are no rules concerning other sources of campaign finance, including in-kind donations, loans, and media discounts. |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
BLANK Source
Political parties must report on their expenses and contributions annually, including those related to election campaigns. Political parties/movements are required to file their balance sheet with the Institutional Secretariat by 30 April of each year; the Institutional Secretariat is to make this information public through the press (Article 8, LFPPM). |
48. Do political parties have to report on their election campaign finances? |
Code
No
Comment
Political party reports on its campaign finances in frame of annual report. Source
Political parties must report on their expenses and contributions annually, including those related to election campaigns. |
49. Do candidates have to report on their election campaign finances? |
Code
No
Comment
BLANK Source
However, there is no requirement for candidates or representatives of lists to disclose their campaign income and expenditure prior to election day. |
50. Do third parties have to report on election campaign finances? |
Code
Sometimes
Comment
BLANK Source
Accounting obligations for foundations, associations and non-profit organisations (whether related to political parties or not) are set forth in Article 37 of Law No. 129/2010 for associations and Law No. 101/2015 for foundations, respectively. In particular, they are required to register data and information related to their financing, including funds received, as well as to report on their use. This information is to be kept for five years.Source: GRECO (2016), Third Evaluation Round, Evaluation Report on San Marino, Transparency of Party Funding, (Theme II), GRECO, Strasbourg
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Sometimes
Comment
Only in case of annual report of political parties. Source
However, there is no requirement for candidates or representatives of lists to disclose their campaign income and expenditure prior to election day. Political parties/movements are required to file their balance sheet with the Institutional Secretariat by 30 April of each year; the Institutional Secretariat is to make this information public through the press (Article 8, LFPPM). |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
Donation above 3,000 EUR. Source
Contributions amounting to over 3 000 € in a calendar year must be evidenced by a relevant document attached to the balance sheet and containing also the identification data of donors. |
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
Comment
BLANK Source
Political parties/movements are required to file their balance sheet with the Institutional Secretariat by 30 April of each year; the Institutional Secretariat is to make this information public through the press (Article 8, LFPPM). This is done in practice by the legal representative of the political party who hands the accounts to the Institutional Secretariat. The latter then attaches an attestation of its receipt to the balance sheet, whenever it is received, and provides is to the press office of Parliament for release to the press. The Institutional Secretariat is an administrative office which is part of public administration and provides administrative support to the Captains Regent, the Great and General Council (Parliament), the respective parliamentary commissions and the Constitutional Court. Regarding political funding responsibilities, it (i) registers, at the start of a legislature, those political parties and movements which have presented lists and are in Parliament (data on name of party/movement, address of headquarters, information on legal and administrative representatives) and updates such information, as necessary; (ii) acts as depositary of balance sheets; (iii) notifies auditors upon their appointment to the Auditing Committee (see paragraph xx); (iv) acts as depositary of the Auditing Committee annual reports. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Special agency for political finance
Comment
Auditing Commitee. Source
Regarding the system of public oversight for political parties/movements laid out in Article 11 of the LFPPM, each year the balance sheets of parties/movements are audited in order to determine whether they have been drafted clearly and accurately and are completely consistent with the financial position, as well as with the costs and revenue incurred during the year. Such audit is carried out by an Auditing Committee composed of three auditors who are enrolled in the Register of Auditors kept at the Ministry of Industry (there are around 100 registered auditors). The members of the Auditing Committee are chosen in the month of May of each year by a majority vote of the Bureau of the Great and General Council; the Bureau must represent at least two thirds of the members of the Great and General Council. The Bureau is composed by the presidents of the different parliamentary groups and headed by the Captains Regent. |
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
Comment
BLANK Source
The Committee is entitled to obtain, for auditing purposes, all necessary or useful information and documents from the administrative managers and political leaders of parties and movements, or from any other person within the party holding such information and documents. Moreover, the Committee may carry out assessments, inspections and controls at the headquarters of parties or movements. The Auditing Committee must report to the competent authority (court) any alleged offence identified following the examination of accounting records. It generally takes around 20 work days over an eight month period for the auditors to supervise political accounts. |
58. What sanctions are provided for political finance infractions? |
Code
Comment
BLANK Source
For serious violations of the law or for inaccurate reporting, the audit committee can reduce public funding to a party by half for the following year. In case of repeated breaches during the same legislature, the funding shall not be granted for the year. Violations of the ban on anonymous donations are subject to criminal sanctions consisting of imprisonment from 20 to 60 days, and disqualification from suffrage rights, from 2 to 5 years. Source: OSCE/ODIHR (2016), Republic of San Marino, Early Parliamentary Elections, 20 November 2016, OSCE/ODIHR Needs Assessment Mission Report, OSCE/ODIHR, Warsaw 394. Anyone who, during State elections, uses violence, threat or deceit, or offers or promises undue benefits, reimbursements or subsidies for travel and accommodation expenses, to push a citizen to sign a declaration in support of a candidate, draft law, or referendum, or to abstain or not from voting, or to vote for a candidate or symbol, is punished with third-degree imprisonment and fourth-degree loss of political rights. Source: Article 394, Criminal Code om Electoral Matters |