Sri Lanka
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
3. Is there a ban on corporate donations to political parties? |
Code
No
|
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
7. Is there a ban on anonymous donations to political parties? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
8. Is there a ban on anonymous donations to candidates? |
Code
No
Comment
No pertinent laws found in five main election statutes. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
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
No
Comment
No pertinent laws found in five main election statutes. |
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
No pertinent laws found in five main election statutes. |
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
No pertinent laws found in five main election statutes. |
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 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
No data
|
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
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Sometimes
Comment
Only the public funds. Cf. - (5) Every payment under this section shall be paid into the official bank account of the recognized political party within ten days from the last day of the nomination period. Source
Parliament Elections Act, No. 1 of 1981, Art. 127 (5) |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, in relation to campaigns
Comment
(1) Every recognized political party which qualifies under the succeeding provisions of this section shall be entitled to receive in respect of a General Election, financial by way of a grant from the State. (2) The first payment under this section shall be payable in respect of the first General Election to be held after this Act shall come into operation to any recognized political party which contested the General Election held in July, 1977 and polled not less than one per centum of the total number of valid votes polled at that General Election. (3) The grant referred to in subsection (1) shall be payable to any recognized political party in respect of an electoral district, if that party (a) has polled not less than one per centum of the total number of valid votes polled at the last preceding General Election; and (b) has submitted a nomination paper in respect of that district at the General Election in respect of which such grant is payable. (4) Every recognized political party which qualifies under subsection (3), shall, on application made in that behalf to the Commissioner by the secretary of such party, be entitled to receive a sum calculated at the rate of fifty cents per vote polled by such party in that district at the last preceding General Election. (5) Every payment under this section shall be paid into the official bank account of the recognized political party within ten days from the last day of the nomination period. (6) When any dispute arises in respect of the payment of the grant under this section, such dispute shall be referred to the Commissioner whose decision thereon shall be final. Source
Parliament Elections Act, No. 1 of 1981, Art. 127 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
(1) Every recognized political party which qualifies under the succeeding provisions of this section shall be entitled to receive in respect of a General Election, financial by way of a grant from the State. (2) The first payment under this section shall be payable in respect of the first General Election to be held after this Act shall come into operation to any recognized political party which contested the General Election held in July, 1977 and polled not less than one per centum of the total number of valid votes polled at that General Election. (3) The grant referred to in subsection (1) shall be payable to any recognized political party in respect of an electoral district, if that party (a) has polled not less than one per centum of the total number of valid votes polled at the last preceding General Election; and (b) has submitted a nomination paper in respect of that district at the General Election in respect of which such grant is payable. (4) Every recognized political party which qualifies under subsection (3), shall, on application made in that behalf to the Commissioner by the secretary of such party, be entitled to receive a sum calculated at the rate of fifty cents per vote polled by such party in that district at the last preceding General Election. (5) Every payment under this section shall be paid into the official bank account of the recognized political party within ten days from the last day of the nomination period. (6) When any dispute arises in respect of the payment of the grant under this section, such dispute shall be referred to the Commissioner whose decision thereon shall be final. Source
Parliament Elections Act, No. 1 of 1981, Art. 127 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Flat rate by votes received
Comment
(3) The grant referred to in subsection (1) shall be payable to any recognized political party in respect of an electoral district, if that party (a) has polled not less than one per centum of the total number of valid votes polled at the last preceding General Election; and (b) has submitted a nomination paper in respect of that district at the General Election in respect of which such grant is payable. (4) Every recognized political party which qualifies under subsection (3), shall, on application made in that behalf to the Commissioner by the secretary of such party, be entitled to receive a sum calculated at the rate of fifty cents per vote polled by such party in that district at the last preceding General Election. (5) Every payment under this section shall be paid into the official bank account of the recognized political party within ten days from the last day of the nomination period. (6) When any dispute arises in respect of the payment of the grant under this section, such dispute shall be referred to the Commissioner whose decision thereon shall be final. Source
Parliament Elections Act, No. 1 of 1981, Art. 127 (3) - (6) |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No data
Comment
No pertinent laws in five election statutes. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
(2) In the allocation of broadcasting time during the period referred to in subsection (1) to any recognized political party or independent group which makes an application in that behalf, the Director-General of Broadcasting shall ensure that each party or group shall be permitted to use (a) in the case of radio broadcasting, a total period not exceeding forty-five minutes which may be used on one occasion or on not more than three occasions and each such occasion shall not exceed fifteen minutes ; (b) in the case of television broadcasting, a total period not exceeding forty-five minutes which may be used on one occasion or on not more than three occasions and each such occasion shall not exceed fifteen minutes Source
Parliament Elections Act, No. 1 of 1981, Art 126 (2) |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
(1) Every recognized political party or independent group which has submitted a nomination paper in respect of any electoral district shall, subject to such conditions as may be determined by the Director-General of Broadcasting, be entitled, upon application made in that behalf within one week from the last day of the nomination period, to the use of broadcasting facilities during the period commencing from the day after the last day fixed for making such application and ending seventy-two hours prior to the commencement of the poll. (2) In the allocation of broadcasting time during the period referred to in subsection (1) to any recognized political party or independent group which makes an application in that behalf, the Director-General of Broadcasting shall ensure that each party or group shall be permitted to use (a) in the case of radio broadcasting, a total period not exceeding forty-five minutes which may be used on one occasion or on not more than three occasions and each such occasion shall not exceed fifteen minutes ; (b) in the case of television broadcasting, a total period not exceeding forty-five minutes which may be used on one occasion or on not more than three occasions and each such occasion shall not exceed fifteen minutes. Source
Parliament Elections Act, No. 1 of 1981, Art. 126 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
(5) The broadcasting facilities under this section shall be used only by a candidate or candidates nominated by any recognised political party or independent group to contest an election under this Act. (6) No candidate shall, save and except as provided in this section, directly or indirectly use broadcasting facilities for the purpose of promoting his own election. Source
Parliament Elections Act, No. 1 of 1981, Art. 126 (5) (6) |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
(1) Subject to the provisions of subsection (2), the secretary of a recognized political party or the group leader of an independent group whose party or group is contesting an election in an electoral district shall, at any time between the last day of the nomination period and the day which is the seventh day before the day of the poll to be taken at such election, be entitled to send free of any charges for postage to each elector whose name appears in the register of electors for such electoral district one postal communication by ordinary post containing matter relating to such election only. (2) The right to send a postal communication conferred ON a person by subsection (1) shall be subject to the following conditions, and if any such condition is not complied with, such communication may be rejected by the Postmaster-General or any person acting under his authority : (a) such communication shall be open for examination, and shall not exceed thirty grams in weight; and (b) the length and width of, and the manner of franking, arranging and handling, such communication shall be as determined from time to time by the Postmaster-General. Source
Parliament Elections Act, No. 1 of 1981, Art. 125 |
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
Comment
In the statutes that govern each level of election from local authorities to presidential have a clause on bribery that deals with ban on vote buying. Source
Parliament Elections Act, No. 1 of 1981, Art. 80 Presidential Elections Act, No. 15 of 1981, Art. 79 |
39. Are there limits on the amount a political party can spend? |
Code
No
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
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
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Comment
My sense from the reading of the following clause is that a candidate is supposed to only use the airtime provided by Director-General of Broadcasting which automatically outlaws him/her from further expenditure on traditional advertising. cf - (6) No candidate shall, save and except as provided in this section, directly or indirectly use broadcasting facilities for the purpose of promoting his own election. Source
Parliament Elections Act, No. 1 of 1981, Art. 126 (6) |
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
(4) A copy of the annual statement of accounts of every recognized political party audited by a registered auditor shall be submitted to the Commission. Source
Parliamentary Elections (Amendment) Act, No. 58 of 2009, Art. 3 (8)(4) |
48. Do political parties have to report on their election campaign finances? |
Code
No
|
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
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Not applicable
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Not applicable
|
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
(c) The Secretary of a political party shall, at the time an application is made under paragraph (a), furnish to the Commission a copy of the Constitution of such party and a list of office bearers, an audited statement of accounts and the contemporary policy statement of such party. Source
Parliamentary Elections (Amendment) Act, No. 58 of 2009, Art. 3 (8)(4) |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
No data
|
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
Deregistration of party
Comment
9. (1) Subject to subsection (2), where any recognized political party fails to comply with the provisions of section 8, such party shall cease to be a recognized political party. Source
Parliamentary Elections (Amendment) Act, No. 58 of 2009, Art. 5 (9)(1) |
