Chile
2016
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Ban does not apply to foreign natural personswho are registered to vote in Chile.
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Ban does not apply to foreign natural persons who are registered to vote in Chile.
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3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Political parties cannot accept any donation from corporations.
|
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Candidates cannot accept donations from legal persons.
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
Individual anonymous contributions are allowed if they do not exceed 20 indexed units. Neither shall the amount of anonymous contributions received by a party orcandidate during a campaign exceed 20% of the campaign expenses limit.
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes, above certain threshold
Comment
Individual anonymous contributions are allowed if they do not exceed 20 indexed units. Neither shall the amount of anonymous contributions received by a party orcandidate during a campaign exceed 20% of the campaign expenses limit.
|
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
Yes
Source
Artículo 25.- "Sin perjuicio de lo dispuesto en el título V de la lay n. 18.603, así como en el párrafo 2 de este Título, los precandidatos, los candidatos, y partidos políticos no podrán recibir, directamente o indirectamente, aportes de campaña electoral de los órganos de Administración del Estado, de las empresas del Estado, ni de aquellas en que este, sus empresas , sociedades o instituciones tengan participación". (Source: (Ley 19884, Sobre transparencia, límite y control del gasto electoral (April 2016) (Political Finance Law) (printed source))) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No data
Comment
Source only deals with electoral campaigns |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
Artículo 25.- "Sin perjuicio de lo dispuesto en el título V de la lay n. 18.603, así como en el párrafo 2 de este Título, los precandidatos, los candidatos, y partidos políticos no podrán recibir, directamente o indirectamente, aportes de campaña electoral de los órganos de Administración del Estado, de las empresas del Estado, ni de aquellas en que este, sus empresas , sociedades o instituciones tengan participación". (Source: (Ley 19884, Sobre transparencia, límite y control del gasto electoral (April 2016) (Political Finance Law) (printed source))) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Public officers are banned from conducting anypolitical activity while on duty and from using their authority or any Stateresources for whatever activity that is not among within their specificresponsibilities.
|
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
Individuals' donations cannot exceed 300 indexed units per year. In the case of members' donations, this value raises to 500 indexed units. Source
Artículo 33.- " [...] El aporte máximo en dinero que cada persona natural podrá efectuar a partidos políticos, no estando afiliada a ellos, no podrá exceder de trescientas unidades de fomento al año. El aporte máximo en dinero que cada persona natural podrá efectuar a partidos políticos, estando afiliada a ellos, no podrá exceder de quinientas unidades de fomento al año". (Source: (Ley 19884, Sobre transparencia, límite y control del gasto electoral (April 2016) (Political Finance Law) (printed source)) ) |
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 indexed units/per year (non members); 500 indexed units/per year (members).
Comment
This is the maximum amount that individuals can donate on a yearly basis
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
There are limits on the total amount that can be donate from each individual. Source
Artículo 9-." [...] Con todo, ninguna persona podrá efectuar en una misma elección de alcaldes o concejales aportes por una suma superior a mil unidades de fomento o superior a dos mil unidades de fomento tratándose de una elección de diputados, una elección de senadores, una elección de consejeros regionales o una elección presidencial" . (Source: (Ley 19884, Sobre transparencia, límite y control del gasto electoral (April 2016) (Political Finance Law) (printed source))) |
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
500 indexed unit per person, in the case of presidential election.
Comment
The maximum amount per person depends on the type of election.
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Depending on type of candidate
Comment
There are specific limits for contributions to individual candidates, that vary from office to office (250 indexed units for municipal candidates; 350 for parliamentary candidates; 500 for presidential candidates) , but the overall limit that any juridical or natural person can contribute during an election is 10,000 indexed units.
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
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21. Is there a limit on in-kind donations to political parties? |
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22. Is there a limit on in-kind donations to candidates? |
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23. Is there a ban on political parties engaging in commercial activities? |
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
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25. Is there a ban on candidates taking loans in relation to election campaigns? |
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
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27. Are there provisions requiring donations to go through the banking system? |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, both regularly and in relation to campaigns
Comment
Political parties are receiving both electoral reimbursements and direct funding for their ordinary activities.
|
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Electoral reimbursement is available to all political parties that nominate candidates in elections.Public funding for parties' activities is available for those parties that are constituted in accordance with the law, and that respected legal requirements with reference to their organizational structure.
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Flat rate by votes received
Comment
Funding based on calculation where votes received is one variable.
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Intra-party institution
Comment
At least the 10 per cent of direct subsidies received by political parties should be spent in activities related to the improvement of women participation in politics.
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32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Votes Received
Comment
The allocation to parties for legislative elections is proportional to the number of votes obtained in the previous election.
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Access to TV during 27 last days of the campaign period (Presidential and independent Parliamentary candidates).
|
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
There are provisions for tax exemptions to thedonations, contributions and inheritances made to political parties, but only to a certain amount.
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
Political parties are eligible to receive an additional amount of state subsidies in relation to the number of women elected in Parliament.
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Comment
Women candidates receive additional electoral reimbursements;Moreover, the 10 per cent of public funding received by each party is earmarked to gender activities
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Vote buying is punishable with imprisonment.
|
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
During electoral campaigns political parties are allowed to spend up to 1/3 of the total amount of spending their candidates can reach.
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Varies depending on election
|
41. Are there limits on the amount a candidate can spend? |
Code
Yes
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Varies from office to office, but in every case is set according to a formula clearly set forth in the law.
Comment
The highest limit is for presidential candidacies, and it is the product of multiplying 0.015 of the inflation-indexed unit by the number of registered voters nationwide.
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43. Are there limits on the amount that third parties can spend on election campaign activities? |
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44. Are there limits on traditional media advertising spending in relation to election campaigns? |
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45. Are there limits on online media advertising spending in relation to election campaigns? |
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46. Do any other restrictions on online media advertisement (beyond limits) exist? |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annually
|
48. Do political parties have to report on their election campaign finances? |
Code
Yes
|
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Reports from candidates nominated by a party are embedded in the party's report. Independent candidates have to submit their report directly and individually.
|
50. Do third parties have to report on election campaign finances? |
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51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The information be available to any person who wants to have a copy, as well as published and updated on Internet.
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
The mechanism created to make contributions is controlled by the EMB, and prevents the identification of donors, unless they express their will to be identified or the amount of their contributions exceeds 100 indexed units
|
53. Must reports from political parties and/or candidates include information on itemized income? |
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54. Must reports from political parties and/or candidates include information on itemized spending? |
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55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
Chilean Electoral Service
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
Chilean Electoral Service
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57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
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58. What sanctions are provided for political finance infractions? |
Code
Comment
Fines can be imposed on parties, candidates,individuals and juridical persons who infringe finance provisions. In case of serious infractions, parties can be suspended.
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