Political Finance Database

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According to the numeral 7 of the 19th Article of the Bylaw of the Financial, Transparency and Oversight Law, the only way  in which candidates of Political Parties or Alliances, and independant candidates could recieve donations or contributions coming from foreign natural  persons is when there´s a proved relationship in the fourth degree of consanguinity and second degree of affinity between the contributor/donor (natural person) and the candidate. 

Article number 4 of the Financial, Transparency and Oversight Law states that the denomination of ¨Obliged Subject¨ will refer to: Political Parties and their candidates, Internal Movements of the Political Parties, Political Alliances between Political Parties and Independan Candidacies. 

The only ban the law states is related to contributions or donations coming from Executives, Board Members, or Partners of mercantile companies that are associated with ilegal activities. 

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The only exception of anonyous donations or contributions are the ones obtained in ¨popular collections¨, due to it´s nature. 

The only exception of anonyous donations or contributions are the ones obtained in ¨popular collections¨, due to it´s nature. 

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The Law states that obliged subjects are banned from receiving contributions from entities or enterprises in which the state of Honduras has shares. 

The Law states that obliged subjects are banned from receiving contributions from entities or enterprises in which the state of Honduras has shares. 

In between the prohibitions determined for public officials we can find: 

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2. Using it´s authority or influences fro their offices to benefit a natural person or political organization. 

3. Using government acts to make political propaganda. 

4. Using financial or inkind resources belonging to the state of Honduras to make political propaganda. 

Also, the prohibitions of contributions stated by the Financial, Transparency and Inspection Law determine that no obliged subjects can receive contributions from public entities. It clearly states that state resources can´t be used illegaly for electoral purposes, and the person that breaks this rule will be responsible in administrative, civil and criminal matter. 

Also, the Law states that during the last 45 days of propaganda period the inaugurations of public works and their diffusion in media are prohibited. 

During propaganda period and until the end of election day, the national and local governmental promotion campaigns are suspended.  

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All contributions have to be registered and every donor or contributor identified. 

The law doesn´t specify if the contributions are strictly for election periods or in general, the bylaw states that natural and legal persons can contribute to political parties, candidates and alliances, which are only active during elections periods. 

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The only limitation in regards with commercial activities is the prohibition of receiving contributions or donations from executives, board members and partners of mercantile enterprises associated with ilegal activities. 

The law determines, in regards with loans, that obliged subjects are allowed to take them only with banking institutions or credit institutions or other persons, whether natural or legal, including natural persons authorized by law (non-bank lenders) for such purpose. 

The law determines, in regards with loans, that obliged subjects are allowed to take them only with banking institutions or credit institutions or other persons, whether natural or legal, including natural persons authorized by law (non-bank lenders) for such purpose. 

Every citizen has the right to participate in elections and to be elected. 

The Law states that both kind of financing, public and private, to the obliged subject should be made throught differentiated bank accounts according to the type of financing in the national financial system.  Also, Alliances of Political Parties, Independent Candidates and Candidates and Candidates must accredit a financial officer in accordance with the format determined by the Unit, which may be a natural or legal person, who will be in charge of and responsible for the presentation and veracity of the reports, financial statements, reports, notifications and others before the Unit. 

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Requirements for regular Public Funding: 

1. 10% of the Political Debt that the Political Party with representation in the Congress, obtained in the last general election. 

2. 2% of the total of valid votes, taking as a base for this calculation, the elective level with more quantity of votes obtained. 

Regulation of Public Funding in relation to campaigns, or Political Debt: 

1. 20 Lempiras for every valid vote obtained in the elective level that received the major quantity of votes. 

- In regards with financing of specific political activities, the law states that political parties are entitled to public funding of an amount that is equivalent to 10% of the value of the political debt with the condition that the political party gained representation in the Congress at the last election (at least one congressman), and also 2% of the total of valid votes of all political parties and independant candidates, taking as a base the elective level with the most number votes obtained. 

- The allocation of the Political Debt will be granted to political parties and independant candidates that patricipate in a general election, an amount of 20 Lempiras for each valid vote obtained in the most voted elective level. No political party can receive less than 15% of the total amount asigned to the political party that obtains the most votes, unless that it only registers less than 10,000 votes in the most voted elective level. 

Public funding should be destined for the following party activities: 

1. Institutional Strengthening. 

2. Permanent political training. 

3. Promotion of Women Leadership. (Superior Electoral Tribunal will transfer -anually- 10% of their corresponding policital debt amount to each political party, these will have to invest the funds in the promotion and political training for women.

4. Promotion of juvenile leadership. 

Also, la denominated Political Debt is destined for electoral financing.

Free access to tv media coverage and propaganda is only extended to private media. It´s ´prohibited to use anykind of public media for electoral purposes. 

Obliged Subjects are banned from using public media with electoral purposes. In regards to private media propaganda, the equity principle determines that television companies can´t discriminate any political party, candidate, alliance or independant candidature in the adquisition of their services for electoral purposes. Also, Superior Electoral Tribunal has the obligation of promoting the suscription of an agreement based in equity principle, that allows political parties the possibility of having access to private media coverage. 

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Electoral and Financial legislation determines that political parties are authorized to introduce to the country every 4 years, free from anykind of taxes, surcharges and rights, photographic implements, automobiles, stereo for propaganda, computer equipment and any other machinery or materials that are necessary for exclusive use of the party, the only condition is that the total value of the taxes doesn´t exceed from 2 million Lempiras. 

Also, the law contemplates that Superior Electoral Tribunal will send to Congress the estimated values of the amounts that political parties that are participating in electoral process will spend in the divulgation of their government programs  in order to be included in the general budget of income and expenses. 

In regars with pubic funding destined to the financing of specific political activities, political parties have the right to receive funding that can be invested in promotion of womens leadership. 

Electoral legislation states that, since 2013, political parties receive 10% of the amount asigned of political debt. These funds should only be used for training and promotion of women´s participation in politics. 

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The limits on the spendings for electoral campaigns are determined by the Superior Electoral Tribunal  for each electoral process and the Financial, Transparency and Oversight Unit will be in charge of controling each political party´s financial behavior. 

When political parties contribute or   pay their candidates campaign, the amount of money used will be tabulated to the respective candidate that received the contribution, with the condition that it remains within the limits aloud for each candidate to spend in electoral campaigns. 

In the case of the elective level of President and Designees multiplying the total number of citizens registered in the National Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). In the case of the elective level of Deputies to the National Congress multiplying the total number of citizens registered in the Departmental Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). it will be divided among the number of positions to compete in the respective Department. In the case of the elective level of Municipal Corporations, the number of voters in the municipality in question will be multiplied by twice the cost per vote.

Limits for candidates corresponding to each elective level and each political department are expressed in the ¨Agreement No. 007-2017 of the Limits to Spendings in General Election 2017¨. 

In regards to the formulas, In the case of the elective level of President and Designees multiplying the total number of citizens registered in the National Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). In the case of the elective level of Deputies to the National Congress multiplying the total number of citizens registered in the Departmental Electoral Census by double the cost per vote updated by the Supreme Electoral Tribunal (TSE). it will be divided among the number of positions to compete in the respective Department. In the case of the elective level of Municipal Corporations, the number of voters in the municipality in question will be multiplied by twice the cost per vote.

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However, nor political parties nor independant candidates can exceed the limits established on Agreement 007-2017 regarding limits on  the spendings of general election. 

In this case, social media and internet are contemplated in the category of ¨media¨ according to numeral 16 of Article 5 of the Financial, Transparency and Oversight of Political Parties and Candidates Law, 2017; so, the general limits of campaign established at Agreement 07-2017 apply to social media and internet advertising. 

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Obliged subjects have to  render accounts to the Financial, Transparency and Oversight Unit of all the contributions they receive in cash and in kind. Also, they have to must establish a differentiated accounting system for the control and registration of your financial operations, income and expenditures, both for public and private financing, the reports must contain the Balance Sheet and the State of Results duly audited for each fiscal year. 

The report must be submitted by obliged subjects, in relation to each primary and general election, 60 days after the declaration of elected officials made by the Supreme Electoral Tribunal. 

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The Financial, Transparency and Oversight of Political Parties and Candidates Unit has to order the immediate publication of accounting information from obliged subjects in the Supreme Electoral Tribunal website and in the Access to Public Information Insitute website. Also, political parties have the obligation to publish the information in a newspaper with nation wide circulation. Every citizen has the right to access accounting informations and the rest of reports of the obliged subjects. 

Political Parties must submitt anual reports that have to contain in the annex a complete list of natural and legal persons that realized economic donations in the period, this list must have personal identification data of the donor, tax identification, date and amount of the contribution. 

Obliged subjects must present, 60 days after the official declaration of elections,  for both primary and general elections, a report that contains a balance sheet and the status of certificated and audited results of the income and spendings with the detail of the origin and the destiny of the contributions. 

Obliged subjects must present, 60 days after the official declaration of elections,  for both primary and general elections, a report that contains a balance sheet and the status of certificated and audited results of the income and spendings with the detail of the origin and the destiny of the contributions. 

The  institution in charge of receiving the reports is the Financial, Transparency and Oversight of Political Parties and Candidates Unit and the Supreme Electoral Tribunal. 

The Financial, Transparency and Oversight of Political Parties and Candidates Unit is in charge of reveiving and reviewing the reports submitted by obliged subjects. 

The Unit has the attribution of receiving the financial audited reports that contain the incomes and spendings with the detailed information about the origin, destiny and amount of the contributions. Also, it could realize the necessary analysys and investigations in order to prove the conformity of the financial status and reports presented by the obliged subjects. Another attribution is the realization of special investigations ex officio or based in party requests about the amount, origin and destiny of the resources contributed to the electoral campaign to the obliged subjects.  The Unit could require to competent institutions, in the middle of investigations origined by a suspicious activity of an obliged subject, banking, fiscal and fiduciary information. Finally, the unit has the competence to impose sanctions to obliged subjects that violate the Financial, Transparency and Oversight of Political Parties and Candidates Law. 

The Supreme Electoral Tribunal (TSE) is competent to decide the challenges against the resolutions issued the Unit, after the investigation procedures realized by the Unit (although Article 56 of the Law states that the Supreme Electoral Tribunal is also competent to impose sanctions throught he Unit).

If Political Parties, Political Alliances and Independant Candidatures do not present the balance sheet and the status of results, certifications of the income and expenses with the information of the origin and destiny of the contributions in the established deadlines they´ll receive a fine of 50 minimum wages, with the possibility of presenting within the next 5 days of the imposition of the fine; if the financial statements are not presented in those 5 days, the obliged subjects will receive a fine worth 100 minimum wages. If the non-compliance persists, the obliged subjects will have 5 extra days in order to complete the requierements, if they don´t, the authorities of the political party will be suspended. Once the Party Authorities are suspended,  the obliged subjects will have a 10 day term in order to complete the requierements, if they don´t, the Supreme Electoral Tribunal will procede to suspend the legal personality of the political party, with the possibility of denouncing the non-compliance to the Supreme Court of Accounts and the office of the Attorney General. 

If the obliged subjects exceed the maximum amounts determined for campaign spendings, they´ll receive a fine worth double the amount they exceeded in comparison of the limit imposed by the competent authority.