Cabo Verde
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
Art 125.2 ''Presidential candidates, political parties, coalitions and lists proposed by groups of citizens can not also receive title to any contributions of a pecuniary nature or kind of natural or legal non-citizens persons.' (Source: Codigo Eleitoral 2010) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
Art 125.2 ''Presidential candidates, political parties, coalitions and lists proposed by groups of citizens can not also receive title to any contributions of a pecuniary nature or kind of natural or legal non-citizens persons.' (Source Codigo Eleitoral 2010) |
3. Is there a ban on corporate donations to political parties? |
Code
No
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
4. Is there a ban on corporate donations to candidates? |
Code
No
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Not directly a ban but implied Source
Art 124.5 '5. The donations of natural or legal persons, including the contributions of the candidates, are documented in writing signed by the donor and the electoral administrator. In the case of gifts in kind, the supporting document must discriminate completely their number or quantity, their object and the value attributed to it, which can not be lower than its market value.' (Source Codigo Eleitoral 2010) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
No direct ban but implied Source
Art 124.4 '5. The donations of natural or legal persons, including the contributions of the candidates, are documented in writing signed by the donor and the administrator electoral. In the case of gifts in kind, the supporting document must discriminate completely their number or quantity, their object and the value attributed to it, which can not be lower than its market value.' (Source Codigo Eleitoral 2010) |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
Art 125.1 'Presidential candidates, political parties, coalitions and lists proposed by groups of citizens and their representatives and election administrators may not request or receive any contributions, direct or indirect, whatever their nature or type, from : a) Simple or autonomous state services outside the framework of the grant referred to in Article 124; b) associations of public law, public foundations, public institutions, public enterprises, local government and its autonomous bodies and legal persons of public administration; c) capital companies exclusively or mostly public enterprises and concessionaires of public services.' (Source Codigo Eleitoral 2010) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
Art 97.2 ‘The holders of organs and officials and other servants referred to in the preceding paragraph may not, as such, intervene, directly or indirectly, in the nor to perform acts that, in any way, favour or adversely affect a competitor in the detriment or advantage of others.’ Art 98.1 ‘(Free access) Candidates and legal entities shall have free access to bidders to journalistic areas, emission, supports, buildings or enclosures that are assigned by the State, municipalities or other collective persons for election campaign.’ (Source Codigo Eleitoral 2010) |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
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
|
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
|
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
|
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Source
Art 124.5 'The donations of natural or legal persons, including the contributions of the candidates, are documented in writing signed by the donor and the electoral administrator. In the case of gifts in kind, the supporting document must discriminate completely their number or quantity, their object and the value attributed to it, which cannot be lower than its market value.' (Source Codigo Eleitoral 2010) |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Source
124.5 The donations of natural or legal persons, including the contributions of the candidates, are documented in writing signed by the donor and the electoral administrator. In the case of gifts in kind, the supporting document must discriminate completely their number or quantity, their object and the value attributed to it, which cannot be lower than its market value. (Source Codigo Eleitoral 2010) |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Only banks in the country
Source
Art 124.1 ‘The electoral campaign can only be financed by: (g) proceeds from loans contracted in institutions established in the country.’ (Source Codigo Eleitoral 2010)
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Only banks in the country
Source
Art 124.1 ‘The electoral campaign can only be financed by: (g) proceeds from loans contracted in institutions established in the country.’ (Source Codigo Eleitoral 2010) |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Source
(Source Codigo Eleitoral 2010) |
27. Are there provisions requiring donations to go through the banking system? |
Code
No
Source
Art 124.5 ‘The donations of natural or legal persons, including the contributions of the candidates, are documented in writing signed by the donor and the administrator electoral. In the case of gifts in kind, the supporting document must discriminate completely their number or quantity, their object and the value attributed to it, which cannot be lower than its market value.’ (Source Codigo Eleitoral 2010) |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, in relation to campaigns
Comment
Art 124.3 'The State subsidy consists of the allocation by National Elections Commission, until thirty days after the Article 131, of a sum of not less than seven hundred and fifty escudos, for each vote validly expressed in the presidential and legislative elections, and of five hundred escudos in the municipal elections, subsidy which should be reviewed regularly, taking into attention to the cumulative inflation rate.' (Source Codigo Eleitoral 2010) |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Participation in election
Source
Art 124.3 'The State subsidy consists of the allocation by National Elections Commission, until thirty days after the Article 131, of a sum of not less than seven hundred and fifty escudos, for each vote validly expressed in the presidential and legislative elections, and of five hundred escudos in the municipal elections, subsidy which should be reviewed regularly, taking into attention to the cumulative inflation rate.' (Source Codigo Eleitoral 2010) |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Source
124.3 The State subsidy consists of the allocation by National Elections Commission, until thirty days after the Article 131, of a sum of not less than seven hundred and fifty escudos, for each vote validly expressed in the presidential and legislative elections, and of five hundred escudos in the municipal elections, subsidy which should be reviewed regularly, taking into attention to the cumulative inflation rate. (Source Codigo Eleitoral 2010) |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
Source
124.3 The State subsidy consists of the allocation by National Elections Commission, until thirty days after the Article 131, of a sum of not less than seven hundred and fifty escudos, for each vote validly expressed in the presidential and legislative elections, and of five hundred escudos in the municipal elections, subsidy which should be reviewed regularly, taking into attention to the cumulative inflation rate. (Source Codigo Eleitoral 2010) |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
Art 117.1 ‘During the election campaign periods for the legislative and presidential elections, radio stations television broadcasting, regardless of its scope or their ownership, they shall, free of charge, competitors to presidential and party elections politicians or coalitions competing for legislative elections which present themselves in a minimum of five constituencies, the following antenna times: (…)’ |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Source
Art 116 ‘All radio and television stations are obliged to to give equal treatment to the various applications.’ Art 117.1 ‘During the election campaign periods for the legislative and presidential elections, radio stations television broadcasting, regardless of its scope or their ownership, they shall, free of charge, competitors to presidential and party elections politicians or coalitions competing for legislative elections which present themselves in a minimum of five constituencies, the following antenna times: (…)’ Art 117.3 and art 117.4’3. The airtime reserved for the electoral campaign for the elections of the Members of the National Assembly are broken down by political parties or party coalitions competitors in proportion to the number of candidates represented by them, according to the formula TxN in that T designates the available daily C time, C the sum of candidates submitted by all political parties and N is the number of those specifically proposed by each party or coalition. 4. The airtime reserved for the electoral campaign for the elections of the President of the Republic are equally distributed by all the candidates.’ (Source Codigo Eleitoral 2010) |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
Art 117.1 ‘During the election campaign periods for the legislative and presidential elections, radio stations television broadcasting, regardless of its scope or their ownership, they shall, free of charge, competitors to presidential and party elections politicians or coalitions competing for legislative elections which present themselves in a minimum of five constituencies, the following antenna times: (…)’ (Source Codigo Eleitoral 2010) |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Source
Art 110(Guarantees for special spaces) 110.1 ‘The town hall shall establish, until the end of tenth day prior to the day scheduled for the start of the special spaces for the of political propaganda material.’ 110.2 ‘The spaces referred to in the preceding paragraph are all applications, in terms equal conditions and opportunity.’ Art 111 ‘(Assignment of use) The leaders and governing bodies of public entities shall, as far as possible, ensure the transfer of use for the election campaign, buildings and premises belonging to the State and other legal entities of public law, dividing with equal their use by competitors in such buildings or enclosures.’ (Source Codigo Eleitoral 2010) |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Source
Art 415 ‘(Representation of both sexes) 1. The lists proposed for the elections shall contain a balanced representation of both sexes. 2. The state's electoral subsidy will be awarded, under the law, political parties or coalitions of political parties on whose lists they are elected in the national plan, at least twenty-five per cent of female candidates.’ (Source Codigo Eleitoral 2010) |
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 301.1 ‘(Coercion or fraudulent fraud about the voter) 1. Whoever uses violence or threatens any voter, of deception, fraudulent devices, false news or any other unlawful means to embarrass or induce to vote or to leave to vote in a certain candidacy shall be punished by imprisonment for up to one year.’ Art 310 ‘(Coercion on employment) Whoever applies or threatens to apply to any citizen whatsoever punishment, notably dismissal, or prevent or threaten to prevent you from gaining employment if you vote or fail to vote or because you voted or did not vote in a sense, or because he has participated or not participated in a campaign for the elections, will be punished with imprisonment of up to two years, without prejudice to the nullity punishment and automatic readmission in employment if the dismissal has come to fruition.’ Art 311 ‘(Fraud and Voter Corruption) 1. Who, because of the elections, offer, promise or grant public or private employment or something else or advantage to one or more voters or, by agreement with to a third person, even when the thing or used, promised or disguised as pecuniary compensation to the voter for travel or accommodation expenses or for payment of food or drink or on the pretext of expenditures on the election campaign shall be punished imprisonment for up to one year. 2. The same penalty shall be applied to the voter who accepts any of the benefits provided in the preceding paragraph’ (Source Codigo Eleitoral 2010) |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Source
Art 128 ‘(State expenditure and subsidy limit) 1. Each presidential candidate, party, coalition or proposed list by citizens group cannot spend on electoral expenses, for each electoral act, more than 80% of the overall amount of the State subsidy for the elections in question.’ (Source Codigo Eleitoral 2010) |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not more than 80% of the overall amount of the State subsidy for the elections in question.
Source
Art 128 ‘(State expenditure and subsidy limit) 1. Each presidential candidate, party, coalition or proposed list by citizens group cannot spend on electoral expenses, for each electoral act, more than 80% of the overall amount of the State subsidy for the elections in question.’ (Source Codigo Eleitoral 2010) |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
Art 128 ‘(State expenditure and subsidy limit) 1. Each presidential candidate, party, coalition or proposed list by citizens group cannot spend on electoral expenses, for each electoral act, more than 80% of the overall amount of the State subsidy for the elections in question.’ (Source Codigo Eleitoral 2010) |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not more than 80% of the overall amount of the State subsidy for the elections in question.
Source
Art 128 ‘(State expenditure and subsidy limit) 1. Each presidential candidate, party, coalition or proposed list by citizens group cannot spend on electoral expenses, for each electoral act, more than 80% of the overall amount of the State subsidy for the elections in question.’ (Source Codigo Eleitoral 2010) |
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 126 ‘( Income and Expenses Accounting ) Each presidential candidate, political party, coalition or list proposed by a citizens group shall proceed to the accounting for all revenue and expenditure the submission of applications and with the electoral campaign, indicating precisely their origin and their subject matter, as well as the documents of the respective releases.’ Art 129 ‘(Provision of electoral accounts) Within ninety days of the proclamation of of the election results, each presidential candidate, political party, coalition or proposed list of group of citizens provides detailed accounts of their candidacy and election campaign to the National Commission of Elections.’ (Source Codigo Eleitoral 2010) |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Art 126 ‘( Income and Expenses Accounting ) Each presidential candidate, political party, coalition or list proposed by a citizens group shall proceed to the accounting for all revenue and expenditure the submission of applications and with the electoral campaign, indicating precisely their origin and their subject matter, as well as the documents of the respective releases.’ Art 129 ‘(Provision of electoral accounts) Within ninety days of the proclamation of of the election results, each presidential candidate, political party, coalition or proposed list of group of citizens provides detailed accounts of their candidacy and election campaign to the National Commission of Elections.’ (Source Codigo Eleitoral 2010) |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Art 126 ‘( Income and Expenses Accounting ) Each presidential candidate, political party, coalition or list proposed by a citizens group shall proceed to the accounting for all revenue and expenditure the submission of applications and with the electoral campaign, indicating precisely their origin and their subject matter, as well as the documents of the respective releases.’ Art 129 ‘(Provision of electoral accounts) Within ninety days of the proclamation of of the election results, each presidential candidate, political party, coalition or proposed list of group of citizens provides detailed accounts of their candidacy and election campaign to the National Commission of Elections.’ (Source Codigo Eleitoral 2010) |
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
Source
Art 133 ‘(Publication of accounts) Having considered the accounts, the National Electoral Commission publishes it in the Official Gazette and in newspapers of the most read in the country, within 30 days.’ (Source Codigo Eleitoral 2010) |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Art 126 ‘( Income and Expenses Accounting ) Each presidential candidate, political party, coalition or list proposed by a citizens group shall proceed to the accounting for all revenue and expenditure the submission of applications and with the electoral campaign, indicating precisely their origin and their subject matter, as well as the documents of the respective releases.’ (Source Codigo Eleitoral 2010) |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
Art 127.1 ‘(Description of the electoral campaign expenses) Expenditure on the electoral campaign shall be by category, by adding the corresponding document in respect of each act of expenditure.’ (Source Codigo Eleitoral 2010) |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
Art 127.1 ‘(Description of the electoral campaign expenses) Expenditure on the electoral campaign shall be by category, by adding the corresponding document in respect of each act of expenditure.’ (Source Codigo Eleitoral 2010) |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Source
Art 129 ‘(Provision of electoral accounts) Within ninety days of the proclamation of of the election results, each presidential candidate, political party, coalition or proposed list of group of citizens provides detailed accounts of their candidacy and election campaign to the National Commission of Elections.’ (Source Codigo Eleitoral 2010) |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Source
Art 131 ‘(Inspection of electoral accounts) 1. The National Electoral Commission shall, within a period of ninety days, the legality of revenue and regularity of the electoral accounts and, for the purpose, request and obtain, with priority, the advice of the General Inspectorate of Finance or to purchase independent services of expert opinion or audit in the market. 2. If the National Commission of Elections verifies any irregularity in the accounts, notice the application to submit, within a period of 15 days, new accounts regularized. 3. The National Electoral Commission shall decide on the new accounts within 15 days.’ (Source Codigo Eleitoral 2010) |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Other
Source
Art 131 ‘(Inspection of electoral accounts) 1. The National Electoral Commission shall, within a period of ninety days, the legality of revenue and regularity of the electoral accounts and, for the purpose, request and obtain, with priority, the advice of the General Inspectorate of Finance or to purchase independent services of expert opinion or audit in the market. 2. If the National Commission of Elections verifies any irregularity in the accounts, notice the application to submit, within a period of 15 days, new accounts regularized. 3. The National Electoral Commission shall decide on the new accounts within 15 days.’ Art 132 ‘(Sanction for the non-provision of electoral accounts) If, within legal deadlines, the accounts are not presented for consideration by the National Commission of Elections or, having been, are not considered to be regular, sees suspended the payment of the State subsidy until the situation is regularized, without prejudice to the in accordance with this Code. (Source Codigo Eleitoral 2010) |
58. What sanctions are provided for political finance infractions? |
Code
Source
Art 132 ‘(Sanction for the non-provision of electoral accounts) If, within legal deadlines, the accounts are not presented for consideration by the National Commission of Elections or, having been, are not considered to be regular, sees suspended the payment of the State subsidy until the situation is regularized, without prejudice to the in accordance with this Code.’ Art 301.1 ‘(Coercion or fraudulent fraud about the voter) 1. Whoever uses violence or threatens any voter, of deception, fraudulent devices, false news or any other unlawful means to embarrass or induce to vote or to leave to vote in a certain candidacy shall be punished by imprisonment for up to one year.’ Art 310 ‘(Coercion on employment) Whoever applies or threatens to apply to any citizen whatsoever punishment, notably dismissal, or prevent or threaten to prevent you from gaining employment if you vote or fail to vote or because you voted or did not vote in a sense, or because he has participated or not participated in a campaign for the elections, will be punished with imprisonment of up to two years, without prejudice to the nullity punishment and automatic readmission in employment if the dismissal has come to fruition.’ Art 311 ‘(Fraud and Voter Corruption) 1. Who, because of the elections, offer, promise or grant public or private employment or something else or advantage to one or more voters or, by agreement with to a third person, even when the thing or used, promised or disguised as pecuniary compensation to the voter for travel or accommodation expenses or for payment of food or drink or on the pretext of expenditures on the election campaign shall be punished imprisonment for up to one year. 2. The same penalty shall be applied to the voter who accepts any of the benefits provided in the preceding paragraph’ (Source Codigo Eleitoral 2010) |