Algeria
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Electoral code 2012 Article 204 ‘ It is forbidden for any candidate for election to a national or local mandate to receive directly or indirectly, donations in cash, in kind or any other contribution, whatever form, emanating from a foreign State or from a natural or legal person of foreign nationality. ‘ |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
Art. 204. ‘ It is forbidden for any candidate for election to a national or local mandate to receive directly or indirectly, donations in cash, in kind or any other contribution, whatever form, emanating from a foreign State or from a natural or legal person of foreign nationality. ‘ Source Electoral code 2012 |
3. Is there a ban on corporate donations to political parties? |
Code
No
Source
Political Parties law No. 04 for the year 2012, Article 54, “The political party can receive gifts, bequests, and donations from a national source” |
4. Is there a ban on corporate donations to candidates? |
Code
No data
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
Political Parties law No. 04 for the year 2012, Article 54, “The political party can receive gifts, bequests, and donations from a national source” |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No data
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
Art. 29 ‘a political party can receive gifts, legacy and liberalities of national origin which must be the subject of a declaration with the minister in charge of the interior, mentioning their source, their authors, their nature and their value.’ Source Algeria Political Parties law 1997 |
8. Is there a ban on anonymous donations to candidates? |
Code
No data
Source
Art. 29 ‘a political party can receive gifts, legacy and liberalities of national origin which must be the subject of a declaration with the minister in charge of the interior, mentioning their source, their authors, their nature and their value.’ Source Algeria Political Parties law 1997 |
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 data
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Comment
Political Parties law No. 04 for the year 2012, Article 54, “The political party can receive gifts, bequests, and donations from a national source” |
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
Yes
Source
Art. 196. - 'The use of the property or means of a private or public legal person, institution or public body is prohibited unless otherwise expressly provided by law.' |
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
Art. 30 ‘the gifts, legacies and liberalities can come only from the identified physical people. They cannot exceed 100 times the guaranteed minimum national wages, by donation and per annum.’ Source Algeria Political Parties law 1997 |
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
300 times the guaranteed minimum national wages, by donation and per annum
Comment
Political Parties law No. 04 for the year 2012, Article 55, "Gifts, legacies and liberalities can come only from the identified physical people. They cannot exceed 300 times the guaranteed minimum national wages, by donation and per annum...’" |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for natural persons
Comment
Political Parties law No. 04 for the year 2012, Article 55, "Gifts, legacies and liberalities can come only from the identified physical people. They cannot exceed 300 times the guaranteed minimum national wages, by donation and per annum...’" |
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
300 times the guaranteed minimum national wages, by donation and per annum
Comment
Political Parties law No. 04 for the year 2012, Article 55, "Gifts, legacies and liberalities can come only from the identified physical people. They cannot exceed 300 times the guaranteed minimum national wages, by donation and per annum...’" |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No data
|
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
Additional info: Art. 205. –‘ The campaign expenses of a candidate for the election of the Presidency of the Republic may not exceed a ceiling of sixty million dinars (60,000,000 dinars) for the first round. This amount is raised to eighty million dinars (80,000,000 dinars) in the event of a second ound.’ Source Electoral code 2012 |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Political Parties law No. 04 for the year 2012, Article 55, "Gifts, legacies and liberalities can come only from the identified physical people. They cannot exceed 300 times the guaranteed minimum national wages, by donation and per annum...’" |
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
Yes
Source
Art. 32. - 'the political party can have incomes related to its activity and resulting from noncommercial investments. It is interdict with the political party to carry on any commercial activity.' Source Algeria Political Parties law 1997 |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
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
Yes
Source
Art. 204. ‘It is forbidden for any candidate for election to a national or local mandate to receive directly or indirectly, donations in cash, in kind or any other contribution, whatever form, emanating from a foreign State or from a natural or legal person of foreign nationality. ‘ Source Electoral code 2012 |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Source
Art. 33. -' the legally approved political party can profit from a financial assistance of the state, according to the number of seats obtained at the Parliament. The amount of the possible subsidies to allocate by the State with the political parties is entered with the budget of the State.' Source Algeria Political Parties law 1997
Political Parties law No. 04 for the year 2012, Article 52 and 58 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
Art. 33. -' the legally approved political party can profit from a financial assistance of the state, according to the number of seats obtained at the Parliament. The amount of the possible subsidies to allocate by the State with the political parties is entered with the budget of the State.' Source Algeria Political Parties law 1997 Art. 206. - 'All candidates in the presidential election are entitled, within the limits of the costs actually incurred, to a lump sum reimbursement of the order of ten per cent (10%). When the candidates in the presidential election have obtained a rate higher than ten percent (10%) and less than or equal to twenty percent (20%) of the votes cast, this reimbursement is increased to 20% of the actual expenses incurred and in the limit of the authorized ceiling. The reimbursement rate is increased to thirty percent (30%) for the candidate having obtained more than twenty percent (20%) of the votes cast. Reimbursement can only be made after the results have been declared by the Constitutional Council.' Electoral code 2012 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Source
Art. 33. -' the legally approved political party can profit from a financial assistance of the state, according to the number of seats obtained at the Parliament. The amount of the possible subsidies to allocate by the State with the political parties is entered with the budget of the State.' Source Algeria Political Parties law 1997 Art. 206. - 'All candidates in the presidential election are entitled, within the limits of the costs actually incurred, to a lump sum reimbursement of the order of ten per cent (10%). When the candidates in the presidential election have obtained a rate higher than ten percent (10%) and less than or equal to twenty percent (20%) of the votes cast, this reimbursement is increased to 20% of the actual expenses incurred and in the limit of the authorized ceiling. The reimbursement rate is increased to thirty percent (30%) for the candidate having obtained more than twenty percent (20%) of the votes cast. Reimbursement can only be made after the results have been declared by the Constitutional Council.' Electoral code 2012 |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Campaign spending
Comment
Political Parties law No. 04 for the year 2012, Article 59 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
Art. 191. – 'All applications must be accompanied by the electoral program that candidates must respect during the election campaign. Any candidate in the local, legislative or presidential elections has, to present his program to the electors, an equitable access to the media of television and national and local broadcasting. The duration of the programs granted is equal for each of the candidates in the presidential elections. For local and legislative elections, it varies according to the respective importance of the number of candidates submitted by the same party or group of political parties. Independent candidates grouped on their own initiative shall benefit from the provisions of this Article under the same conditions. Political parties campaigning for referendum consultations have equitable access to public media. The procedures and procedures for access to public media are set in accordance with the law and regulations in force. Other methods of advertising applications are determined by regulation.' Electoral code 2012 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
Art. 191. – 'All applications must be accompanied by the electoral program that candidates must respect during the election campaign. Any candidate in the local, legislative or presidential elections has, to present his program to the electors, an equitable access to the media of television and national and local broadcasting. The duration of the programs granted is equal for each of the candidates in the presidential elections. For local and legislative elections, it varies according to the respective importance of the number of candidates submitted by the same party or group of political parties. Independent candidates grouped on their own initiative shall benefit from the provisions of this Article under the same conditions. Political parties campaigning for referendum consultations have equitable access to public media. The procedures and procedures for access to public media are set in accordance with the law and regulations in force. Other methods of advertising applications are determined by regulation.' Electoral code 2012 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
Art. 191. – 'All applications must be accompanied by the electoral program that candidates must respect during the election campaign. Any candidate in the local, legislative or presidential elections has, to present his program to the electors, an equitable access to the media of television and national and local broadcasting. The duration of the programs granted is equal for each of the candidates in the presidential elections. For local and legislative elections, it varies according to the respective importance of the number of candidates submitted by the same party or group of political parties. Independent candidates grouped on their own initiative shall benefit from the provisions of this Article under the same conditions. Political parties campaigning for referendum consultations have equitable access to public media. The procedures and procedures for access to public media are set in accordance with the law and regulations in force. Other methods of advertising applications are determined by regulation.' Electoral code 2012 |
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
Source
Art. 206. - 'All candidates in the presidential election are entitled, within the limits of the costs actually incurred, to a lump sum reimbursement of the order of ten per cent (10%). When the candidates in the presidential election have obtained a rate higher than ten percent (10%) and less than or equal to twenty percent (20%) of the votes cast, this reimbursement is increased to 20% of the actual expenses incurred and in the limit of the authorized ceiling. The reimbursement rate is increased to thirty percent (30%) for the candidate having obtained more than twenty percent (20%) of the votes cast. Reimbursement can only be made after the results have been declared by the Constitutional Council.' Electoral code 2012 |
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
Art. 224. - 'Whoever, by gifts in money or in kind, by promises of public or private employment or other special advantages made to influence the vote of one or more electors, shall have obtained or attempted to obtain their vote, either directly or through the business of a third party or will by the same means, determined or attempted to determine one or more of them to abstain, is liable to the penalties provided for in Article 25 of the Law on Combating and Preventing Corruption.' Electoral code 2012 |
39. Are there limits on the amount a political party can spend? |
Code
No data
|
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
Yes
Source
Art. 205. - 'The campaign expenses of a candidate for the election of the Presidency of the Republic can not exceed a ceiling of sixty million dinars (60,000,000 AD) for the first round. This amount is raised to eighty million dinars (80,000,000 dinars) in the event of a second round.' Electoral code 2012 |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
The campaign expenses of a candidate for the election of the Presidency of the Republic can not exceed a ceiling of sixty million dinars (60,000,000 AD) for the first round. This amount is raised to eighty million dinars (80,000,000 dinars) in the event of a second round. The campaign expenses for each list of candidates in the parliamentary elections are capped at one (1) million dinars (1,000,000 DA) per candidate.
Source
Art. 205. - 'The campaign expenses of a candidate for the election of the Presidency of the Republic can not exceed a ceiling of sixty million dinars (60,000,000 AD) for the first round. This amount is raised to eighty million dinars (80,000,000 dinars) in the event of a second round.' Electoral code 2012 |
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
Source
Art. 34. - 'Every political party must hold a double-entry book-keeping and an inventory of its movable and real property. It is held to present its annual statements at the qualified administration and to justify constantly, the source of its resources financial and their use.' Source Algeria Political Parties law 1997 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Political Parties law No. 04 for the year 2012, Article 61 and 62 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Art. 209. - T'he candidate for the election of the President of the Republic or the list of candidates for elections is required to establish a campaign account tracing according to their origin and according to their nature all the revenue received and the expenditure made. This account, submitted by a chartered accountant or chartered accountant, is sent to the Council Constitutional. The account of the elected President of the Republic is published in the Official Journal of the People's Democratic Republic of Algeria. The accounts of the candidates elected to the People's National Assembly are sent to the office of it. In the event of rejection of the campaign account by the Constitutional Council, no reimbursements provided for in Articles 206 and 208 of this organic law.' Source Electoral code 2012 |
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
No data
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Art. 209. - 'The candidate for the election of the President of the Republic or the list of candidates for elections is required to establish a campaign account tracing according to their origin and according to their nature all the revenue received and the expenditure made.' Source Electoral code 2012 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Electoral Act No. 1 for the year 2012, Art. 209. - 'The candidate for the election of the President of the Republic or the list of candidates for the legislative elections is required to establish a campaign account tracing according to their origin and according to their nature, all the revenue collected and the expenditure made. This account, presented by a chartered accountant or chartered accountant, is sent to the Constitutional Council. The account of the elected President of the Republic is published in the Official Journal of the People's Democratic Republic of Algeria. The accounts of the candidates elected to the People's National Assembly are sent to the office of the latter. In the event of rejection of the campaign account by the Constitutional Council, the refunds provided for in articles 206 and 208 of this organic law can not be made. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Electoral Act No. 1 for the year 2012, Art. 209. - 'The candidate for the election of the President of the Republic or the list of candidates for the legislative elections is required to establish a campaign account tracing according to their origin and according to their nature, all the revenue collected and the expenditure made. This account, presented by a chartered accountant or chartered accountant, is sent to the Constitutional Council. The account of the elected President of the Republic is published in the Official Journal of the People's Democratic Republic of Algeria. The accounts of the candidates elected to the People's National Assembly are sent to the office of the latter. In the event of rejection of the campaign account by the Constitutional Council, the refunds provided for in articles 206 and 208 of this organic law can not be made. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Other
Source
Art. 209. - 'The candidate for the election of the President of the Republic or the list of candidates for elections is required to establish a campaign account tracing according to their origin and according to their nature all the revenue received and the expenditure made. This account, submitted by a chartered accountant or chartered accountant, is sent to the Constitutional Council.' Source Electoral code 2012 |
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
Impose sanctions
Comment
Electoral Act No. 1 for the year 2012, Art. 209. - 'The candidate for the election of the President of the Republic or the list of candidates for the legislative elections is required to establish a campaign account tracing according to their origin and according to their nature, all the revenue collected and the expenditure made. This account, presented by a chartered accountant or chartered accountant, is sent to the Constitutional Council. The account of the elected President of the Republic is published in the Official Journal of the People's Democratic Republic of Algeria. The accounts of the candidates elected to the People's National Assembly are sent to the office of the latter. In the event of rejection of the campaign account by the Constitutional Council, the refunds provided for in articles 206 and 208 of this organic law can not be made |
58. What sanctions are provided for political finance infractions? |
Code
Source
Art. 41. - 'Whoever enfreint the provisions of articles 28, 29, 30, 31, 32, 34 and 35 of this law, is punished of a imprisonment from 1 to 5 years and of a fine going of 5.000 DA with 50.000 DA or the one of these two sorrows suelement.' Source Algeria Political Parties law 1997 Art. 232. - 'Whoever violates the provisions referred to in article 209 of this organic law is punished with a fine of forty thousand dinars (40,000 dinars) to two hundred thousand dinars (200,000 dinars) and the prohibition of the right to vote and to be eligible for at least six (6) years.' Source Electoral code 2012
Electoral Act No. 1 for the year 2012, Art. 232, 'Whoever violates the provisions referred to in article 209 of this organic law is punished with a fine of forty thousand dinars (40,000 dinars) to two hundred thousand dinars (200,000 dinars) and the prohibition of the right to vote and to be eligible for at least six (6) years.'
Electoral Act No. 1 for the year 2012, Art. 209. - 'The candidate for the election of the President of the Republic or the list of candidates for the legislative elections is required to establish a campaign account tracing according to their origin and according to their nature, all the revenue collected and the expenditure made. This account, presented by a chartered accountant or chartered accountant, is sent to the Constitutional Council. The account of the elected President of the Republic is published in the Official Journal of the People's Democratic Republic of Algeria. The accounts of the candidates elected to the People's National Assembly are sent to the office of the latter. In the event of rejection of the campaign account by the Constitutional Council, the refunds provided for in articles 206 and 208 of this organic law can not be made. |