São Tomé and Príncipe
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Ban seems to apply only to foreign legal persons. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Election campaigns can only be funded by state support, nominating political parties and national individuals. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Election campaigns can only be funded by state support, nominating political parties and national individuals. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No data
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
Source: Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
8. Is there a ban on anonymous donations to candidates? |
Code
No data
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No data
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No data
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No data
|
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No data
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No data
|
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for natural persons
Comment
Art 7.1, 'Donations of a pecuniary nature made by identified natural persons are subject to the annual limit of 30 monthly minimum national salaries per donor and are compulsorily titled by check bank transfer. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
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
No data
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No data
|
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
No data
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for natural persons
Comment
Art. 16.3, The donations provided for in sub-paragraphs c) and d) 1 can be obtained by raising funds, and are subject to the limit of 70 national minimum monthly salaries per donor, are compulsorily qualified by check or by other banking means that identification of the amount and its origin. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
70 mininum monthly wages
Comment
Donations must not exceed 70 minimum monthly wages. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No data
|
21. Is there a limit on in-kind donations to political parties? |
Code
No data
|
22. Is there a limit on in-kind donations to candidates? |
Code
No data
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
No data
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No data
|
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 data
|
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Other
Source
http://aceproject.org/electoral-advice/archive/questions/CDCountry?set_language=en&topic=PC&country=ST |
30. What is the allocation calculation for political parties to receive public funding? |
Code
No data
|
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
No data
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Other
Comment
Based on the result of the previous election Source
http://aceproject.org/electoral-advice/archive/questions/CDCountry?set_language=en&topic=PC&country=ST |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No data
|
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
No data
|
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
Limit applies to election campaigns only. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
Comment
Art 20, 1 - Is the maximum admissible ceiling for expenditure incurred in each national or regional election campaign? fixed at the following values: a) 15,000 monthly minimum national salaries in the electoral campaign for the President of the Republic, plus 3,000 national minimum monthly salaries in the case of competing for the second round; National monthly sums for each candidate presented during the electoral campaign for the National Assembly. 2 - The maximum admissible limit of expenditures incurred in the electoral campaigns for the Regional Assembly and local authorities? (a) 2000 national minimum monthly salaries in the region or districts with more than 15,000 voters, (b) 1600 national monthly minimum salaries in the region or districts with more than 10,000, and at ? 15,000 voters, c) 750 monthly minimum national salaries in the region or districts with more than 5000 and at most, 10000 voters; (d) 500 monthly minimum national salaries in the region or districts from 2000 to 5,000 voters.3- The limits provided for in the previous numbers apply to political parties, groups or groups of electing constituent citizens, as determined by the electoral law.4 - For determining the values referenced in n. 1, political parties or colleges must declare to the Constitutional Court the number of candidates submitted for each electoral event. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
41. Are there limits on the amount a candidate can spend? |
Code
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
No data
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No data
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No data
|
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 data
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annually Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
49. Do candidates have to report on their election campaign finances? |
Code
No data
|
50. Do third parties have to report on election campaign finances? |
Code
No data
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Art. 23.2 The decisions handed down by the Constitutional Court on the accounts referred to in the preceding paragraph, as well as the respective accounts, with the revenues and expenses duly broken down, are published free of charge in the Diário da Republica and publicly available on the official website of the Constitutional Court on the Internet. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
No data
|
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
Court
Comment
Art 23, 'The annual accounts of the political parties and the accounts of the campaigns are appreciated by the Constitutional Court, which pronounces on their regularity and legality.' Source
Law No. 09/04 of financing of political parties and election campaigns |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Court
Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
No data
|
58. What sanctions are provided for political finance infractions? |
Code
Comment
Article 28 - 30, Article 28. (Without prejudice to the civil or criminal liability to which the law is binding, those who violate the rules concerning the financing of parties and the electoral campaigns provided for in chapters II and III shall be subject to the sanctions provided for in the following paragraphs and articles. 2 - The leaders of political parties, natural persons and administrators of legal persons who personally participate in the attribution, Prohibited funds are punished with imprisonment from 1 to 5 years. 3 - Financial officers, candidates for presidential elections or the first proponents of groups of voters who, the limits laid down in Article 20 are observed by the Member States in the field of elections; or who obtain for the election campaign prohibited revenues or for forms other than those provided for in the present law, shall be punished with a term of imprisonment of one to five years. 4 - The same penalties shall be paid to the leaders of political parties, and the administrators of legal persons who personally participate in the infractions foreseen in the previous number.5 - The criminal procedure depends on the entity's complaint under article 24.? made to the Public Ministry. Article 29. (Failure to fulfill the obligations imposed on the financing of political parties) 1. Political parties that do not comply with the obligations imposed in the cap Section II shall be punished with a minimum fine of up to 200 national minimum monthly salaries in the amount of 500 monthly minimum national salaries, in addition to the loss in favor of the State of the values The officers of political parties who personally participate in the infringement provided for in the preceding paragraph shall be punished with a minimum fine of up to 25 minimum monthly national salaries in the amount of 250 monthly minimum national salaries.3 - Natural persons who violate Articles 4 and 5.? are subject to a minimum fine of up to 25 national minimum monthly salaries of up to 250 national minimum monthly salaries.4 - Legal persons who violate the provisions of the chapter II, with a minimum fine equivalent to twice the amount of the donation, which is equal to the amount of that amount.5 - The administrators of legal persons who personally participate in the infraction referred to in the previous paragraph are punished with a fine of up to 25 national minimum monthly salaries of up to 250 national minimum monthly salaries. 6 - Failure to submit the accounts within the period provided for in Article 87 ? (1) of Article 26. It determines the suspension of the payment of the state subsidy to which the party is entitled, ? date of said presentation.Article 30.? (Perception of revenue or illicit expenses) 1 - Political parties and groups of citizens and candidates for President of the Republic that obtain income for the electoral campaign for forms not consented by the present law or do not observe the limits foreseen in article 20 and are punished with a minimum fine of 200 minimum monthly salaries nationals in " and the loss to the State of amounts illegally received.2 - Natural persons who violate the provisions of Article 16. shall be punished with a minimum fine of 20 national minimum monthly salaries and a maximum of 100 national minimum monthly salaries.3 - Legal persons who violate the provisions of Article 16. shall be punished with a minimum fine equivalent to three times the amount of the donation forbidden at a rate equal to the maximum of four times that amount.4 - The administrators of legal persons who personally participate in the breach referred to in the previous paragraph punished with a fine of 50 national minimum salaries of up to 250 national minimum monthly salaries. Source
Law No. 09/04 on Financing of Political Parties and Electoral Campaigns |