Political Finance Database

El Salvador

El Salvador

2018
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

Foreign governments are prohibited to make donations to political parties.

Source

Ley de Partidos Políticos, Art. 67 letter c.

2. Is there a ban on donations from foreign interests to candidates?
Code
No
Comment

The scope of current regulation reaches only political parties. Altough law signs that private funding should go only to parties, there is no an unambiguous regulation or prohibition about donations to candidates.

Source
Ley de Partidos Políticos, Art. 64.
3. Is there a ban on corporate donations to political parties?
Code
No
Comment

However, companies which provide gambling services or stated as tax debtors are not permited to make donations to political parties.

Source
Ley de Partidos Políticos, art. 68 letters "b" and "c".
4. Is there a ban on corporate donations to candidates?
Code
No
Comment

The scope of current regulation reaches only political parties. Altough law signs that private funding should go only to parties, there is no an unambiguous regulation or prohibition about donations to candidates.

Source

Ley de Partidos Políticos, Art. 64.

5. Is there a ban on donations from Trade Unions to political parties?
Code
Yes
Comment

Trade unions are prohibited to make donations to political parties.

Source

Ley de Partidos Políticos, Art. 67 letter "d".

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

The scope of current regulation reaches only political parties. Altough law signs that private funding should go only to parties, there is no an unambiguous regulation or prohibition about donations to candidates.

Source
Ley de Partidos Políticos, Art. 64.
7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

Parties have to record the identity of every donnor, except from collections in ralies or public activities.

Source
Ley de Partidos Políticos, art. 64 para. 2.
8. Is there a ban on anonymous donations to candidates?
Code
No
Comment

The scope of current regulation reaches only political parties. Altough law signs that private funding should go only to parties, there is no an unambiguous regulation or prohibition about donations to candidates.

Source
Ley de Partidos Políticos, Art. 64
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
12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No
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 both natural and legal persons
Comment

Each natural or legal person may only make ordinary contributions for a year until 2% the previous year budget of the electoral authority.

Source

Ley de Partidos Políticos, Art. 65.

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
2% the previous year budget of the electoral authority
Comment

Ley de Partidos Políticos, Art. 65.

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

In the previous electoral year, each natural or legal person may contribute until 3.5% the national extraordinary budget for elections.

Source

Ley de Partidos Políticos, Art. 66.

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
3.5% the national extraordinary budget for elections
Source
Ley de Partidos Políticos, Art. 66.
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment
The scope of current regulation reaches only political parties. Altough law signs that private funding should go only to parties, there is no an unambiguous regulation or prohibition about donations to candidates.
Source
Ley de Partidos Políticos, Art. 64
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
Comment
The scope of current regulation reaches only political parties. Altough law signs that private funding should go only to parties, there is no an unambiguous regulation or prohibition about donations to candidates.
Source
Ley de Partidos Políticos, Art. 64
21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

Law only refers to financial contributions. It doesn't make any restriction about in-kind donations.

Source

Ley de Partidos Políticos, Ch. IV.

22. Is there a limit on in-kind donations to candidates?
Code
No
23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Comment

Income sources for political parties may only be contribuitions from their members, donations, and public subventions.

Source

Ley de Partidos Políticos, Art. 50.

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
Sometimes
Comment

Political parties are allowed to take loans, except from public banks.

Source

Ley de Partidos Políticos, Art. 50 & Art. 51 para. 5.

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
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
No
Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, in relation to campaigns
Comment

Political parties get public funding to participate in elections.

Source

Constitución, Art. 210; Ley de Partidos Políticos, Art. 52.

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Share of votes in previous election
  • Participation in election
Comment

Public funding is estimated using the number of votes gained for an election.

Source

Ley de Partidos Políticos, Art. 52 para. 2

30. What is the allocation calculation for political parties to receive public funding?
Code
Proportional to votes received
Comment

Allocation is indexed with inflation.

Source

Ley de Partidos Políticos, Art. 52 para. 2.

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
No
32. Are there provisions for free or subsidized access to media for political parties?
Code
No
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
Comment

There is only free access for a while in public media.

Source

Ley de Partidos Políticos, Art. 61.

34. Are there provisions for free or subsidized access to media for candidates?
Code
No
35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

Donors to political parties get tax exemptions for their contributions.

Source

Ley de Partidos Políticos, Art. 51 para. 4.

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

Vote buying is a criminal offense.

Source

Código Penal. Art. 295 letter "b".

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
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
No
Comment

Parties are obligated to have accounting & auditing systems, but they don't have to submit regularly their financial statements.

Source

Ley de Partidos Políticos, Art. 22 letter "f".

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
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
Not applicable
54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Not applicable
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
No Institution specified
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
No institution specified
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Not applicable
58. What sanctions are provided for political finance infractions?
Code
Fines
Comment

Overpassing private funding limits is an administrative offense. The fine may be from15 to 55 times the minimum monthly salary.

Source

Ley de Partidos Políticos, Art. 71 & 73.

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