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Law Of Electoral Financing, 15-12-2000

Original Language Title: Llei qualificada de finançament electoral, de 15-12-2000

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Law of electoral financing since the General Council in its session of 15 December 2000 approved the following: law of electoral funding exhibition of illustrations and Several Western democracies have faced in recent years with the issue of financing of political parties and electoral campaigns. The legislative work and the public have sought most appropriate formulas to introduce transparency, balance and equality in the political life.

The Principality of Andorra, with the approval of its Constitution, has established a democratic State of law, has progressively deployed their own public institutions and has consolidated the political parties that give life to popular representation. The time has come to regulate election financing, since they are the choices the main mechanism of a representative democracy.

The present Law builds several preventive channels to guide the electoral campaign for the equality and transparency.

From the point of view of legislative technique, the present rule is a law approved in accordance with the quorum required by the second clause of article 57.3 of the Constitution of the Principality of Andorra. Its regulation affects the general election and communal elections.

The instruments established by the law to regulate the financing of the election campaign are different. First, the requirement of an electoral administrator for each nomination and a bank account specifically for election expenses. Secondly, the anticipation of a State grant to the candidate lists and thirdly, the imposition of a ceiling for contributions from individuals to the electoral expenses.

Finally, it should be added that the institution responsible for ensuring compliance with these rules is the Court of Auditors, the report of which will be submitted to the General Council for approval and subsequent submission to the Government. In the phase prior to the preparation of the report mentioned, the Electoral Board controls the financing of the electoral process and refer the relevant data to the Court of accounts.

Title I. The administrator and the electoral accounts Article 1 1. All candidates must have an electoral administrator in charge of your income and expenses and its accounting. Your name will be reported to the Electoral Board.

2. you can be appointed election Manager any person of legal age, Andorran nationality and full use of their civil and political rights.

3. Candidates may not be the electoral administrators.

Article 2 The electoral administrators must report to the Electoral Board are specific accounts open for fund raising at any bank with its headquarters in Andorra. This communication will be made in twenty-four hours after the opening of the accounts.

Article 3 1. All funds used to pay for the election expenses, whatever their origin, must be entered in the electoral accounts. Electoral administrators and persons authorised by them to have the funds from the accounts are responsible for the amounts deposited and their application for the purposes indicated.

2. Once the election campaign, only you will be able to have the balances of these accounts to pay, in the fifty days following the vote, election expenses previously contracted.

Article 4 1. People who provide funds in the accounts relating to the previous articles will be stated in the Act of imposing his or her name, address and the number of his passport, which will be exhibited in the employee of the depository institution.

2. When you provide amounts by account and on behalf of another natural or legal person, shall be stated the name of this. In the case of political parties shall be stated the source of the funds that are deposited.

Title II. The State grant and private contributions Article 5 the State subsidizes the costs occasioned to the attendance of candidates in the general election and were thus, in accordance with the rules laid down in this title. The grant will not be, in any case, the number of election expenses declared justified by the Court of Auditors in the exercise of its function fiscalitzadora.

Article 6 1. The State subsidizes the cost estimate of the electoral activities in the general election in accordance with the following rules: a) three hundred euros for each seat of the General Council obtained.

b) Ten euros for each vote obtained by each candidate, whether in national constituency or the parish.

2. The State subsidizes the costs incurred due to the communal elections in accordance with the following criteria: a) 60 euros for each post of Director obtained.

b) Ten euros for each vote obtained by each candidate.

3. The amounts mentioned in paragraphs 1 and 2 above will be modified by the law of the budget.

4. The credits of the Government budget, corresponding to the grants that have been awarded to candidates that attend to the general election, or establishment have the character of expandable, up to a sum equal to the amount of the obligations to be compromised.

Article 7 1. The State grants subsidies advances mentioned in the previous article on the candidate lists of parties and coalitions that had been retrieved from representatives in the last general election or communal. The advanced amount may not exceed 30% of the subsidy received by the candidates in the last general election, or communal.

2. Administrators can apply for advances to the Ministry of the Presidency between the fifteenth and twentieth after the call. Ten days after the request, the State puts at the disposal of the managers indicated advances. These amounts will return, after the elections, in the amount that exceed the amount of the subsidy that corresponds to each application.

Article 8 prohibits the contribution to electoral funds accounts from any public administration, company or entity of public law or a public company, as well as the natural or legal persons, that by means of the contract in force, provide services or perform supplies or works for some of the public administrations. It is also prohibited the contribution to these accounts of funds coming from foreign bodies or persons.

Article 9 no person, natural or legal, may not contribute more than 6,000 euros to accounts opened by the same party or coalition to deal with electoral expenses that make the nominations.

Title III. Election expenses Article 10


Election expenses are considered to be those that make nominations from the day of the call until the proclamation of elected by the following concepts: a) Propaganda and advertising directly or indirectly addressed to promote votes for the candidates, whatever the form and the means to be used.

b) rental of premises for the holding of election campaign.

c) Salaries or bonuses in the permanent staff do not render their services to the candidates.

d) means of transport and travel expenses of the candidates, the leaders of the political parties or coalitions and of staff in the service of the application.

e) telecommunications and correspondence.

f) interests of credits received for the electoral campaign, produced up to the date of receipt of the corresponding public funding.

g) all that are necessary for the organisation and operation of the offices and services required for the elections.

Title IV. The control of the Electoral Board and the audit of the Court of accounts Article 11 1. From the date of the announcement up to the fiftieth day after the elections, the Electoral Board oversees the performance of the election financing regulations. To this end, the claim when they believe appropriate to the banks the status of electoral accounts, data of identification of depositors and the ends it deems required for the performance of the function fiscalitzadora. In addition, electoral administrators require accounting information it deems necessary. If your using this research evidence of crime constitutive behaviour, this will be communicated to the public prosecutor within a period of one month.

2. The Electoral Board shall inform the Court of accounts of the results of its activity fiscalitzadora within a period of two months from the conclusion of the electoral elections.

3. Between sixty and eighty days after the election, the candidates who accomplished the requirements in order to receive State subsidies or they had requested advances charged to the same feature, in front of the Court of accounts, a documented and detailed accounting of their income and expenditure. In the same period, the financial institutions that had granted credits in the nominations sent to the Court of Auditors detailed news of the same. In addition, inform the Court of Auditors the companies that they had checked with the candidates for election expenses over a million pesetas.

4. The Court of Auditors may, within a period of thirty days following the date indicated in the previous issue, claim the clarifications canvassed and documents it deems relevant.

Article 12 1. Within the four months following the election, the Court of accounts is pronounced, in the exercise of its fiscalitzadora function, on the regularity of the election accounting. If observés irregularities in the accounting or violations of the restrictions on income and expenses, you can not come up with the electoral adjudication or reducing the State subsidy to the nomination. If you are noticing, and evidence of crime constitutive behaviour, this will be communicated to the public prosecutor within a period of one month.

2. The Court of Auditors, within the deadline stated in the previous section, will send reasoned report of his investigation to the General Council, which once approved shall send to the Government to appropriate effects.

3. The Government, in accordance with the report of the Court of accounts and within a period of two months from the date of receipt of the aforementioned report, sort the payment of subsidies to the nominations.

Final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 15 December 2000, Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra