130 OF 1994
Official Journal No. 41280, March 23, 1994
By which the Basic Statute of political parties and movements is dictated, rules on their financing and those of electoral campaigns are dictated and other provisions are dictated.
ARTICLE 1o. THE RIGHT TO CONSTITUTE PARTIES AND MOVEMENTS. All Colombians have the right to set up political parties and movements, to organize and develop them, to join and withdraw from them freely and to disseminate their ideas and programs.
Social organizations have the right to demonstrate and participate in political events.
ARTICLE 2o. DEFINITION. The parties are permanent institutions that reflect political pluralism, promote and channel the participation of citizens and contribute to the formation and manifestation of the will of the people, with the aim of gaining access to charges of popular choice and influencing the nation's political and democratic decisions.
Political movements are associations of citizens freely formed to influence the formation of political will or to participate in elections.
The political parties and movements constituted with the full of all constitutional and legal requirements will have legal status.
LEGAL PERSONNEL, NAMING, SYMBOLS, AND COLORS OF MATCHES AND MOVEMENTS
ARTICLE 3o. RECOGNITION OF LEGAL STATUS. The National Electoral Council shall recognize and grant legal status to political parties and movements prior to compliance with the following requirements:
1. Application submitted by its directives;
2. Copy of the statutes;
3. Prove its existence with no fewer than fifty thousand signatures or with obtaining in the previous election, of at least the same amount of votes or representation in the Congress of the Republic; and
4. Present a document that contains the political platform of the party or movement, expressing its philosophy and principles, as well as the programs and aspirations that identify it.
For the purposes of this article, the votes obtained in a national constituency may not be added with those obtained in territorial or special constituencies, or those with those of those.
The National Electoral Council will not delay more than thirty (30) working days to study a request for obtaining legal status.
ARTICLE 4. LOSS OF LEGAL STATUS. Political parties and movements will lose their legal status when they are in one of the following causes:
1. When in an election they do not obtain through their candidates at least 50,000 votes or do not reach, or maintain, representation in Congress, as per the previous article;
2. Where, in accordance with its statutes, its dissolution proceeds; and
3. When the National Electoral Council so declares, in the cases provided for in this Law.
ARTICLE 5o. SYMBOL DENOMINATION. The political parties and movements are owners of their name and the symbol they have registered with the National Electoral Council.
These may not be used by any other party or political organization recognized or not. The name of a party or movement must be clearly distinguished from that of any other existing party.
The name of the party or movement may not in any way resemble or have a graphic or phonetic relationship with the symbols of the country or with state emblems.
In electoral campaigns and in other party or movement activities, only the statutory denomination or its abbreviation or abbreviation may be used, the supplementary names must be authorized by the body of the party or movement. statutes.
Bodies that are split from the match or movement will lose the right to fully or partially use the registered denomination and symbol and the corresponding venues.
ARTICLE 6o. PRINCIPLES OF ORGANIZATION AND OPERATION. Political parties and movements can be organized freely. However, in the development of their activity they are obliged to comply with the Constitution and the laws, to defend and disseminate human rights as the foundation of peaceful coexistence and to promote the achievement and maintenance of peace, in terms of Article 95 of the Political Constitution.
In the regions, political parties or movements will also enjoy freedom and autonomy for their organization and may belong to the party or movement that they may have nationally.
ARTICLE 7o. OBLIGATION OF THE STATUTES. The organization and functioning of the parties and movements shall be governed by the provisions of their own statutes. Any citizen, within twenty days of the adoption of the respective decision, may challenge before the National Electoral Council the statutory clauses contrary to the Constitution, the law or the provisions of the Council. National Electoral, or the decisions of the authorities of the parties and movements taken in violation of the same rules.
The parties and movements will register with the National Electoral Council the names of the persons who, according to their statutes, have been appointed to lead them and to integrate their governing and administrative bodies, within the twenty (20) days after the date of the respective designation. The National Electoral Council may, on its own initiative or at the request of any person, require that the respective registration be verified and still be carried out if the corresponding proof is available. Any citizen may challenge before the National Electoral Council the designation of those directives within fifteen (15) days following the same, for a serious violation of the party's statutes or movement. For all intents and purposes, the National Electoral Council shall only recognize as the authorities of the parties and movements the persons duly registered with it.
ARTICLE 8o. SANTIONS. Where the activities of a party or movement are manifestly contrary to the principles of organisation and operation as set out in Article 6or. of this law, the National Electoral Council may order that it be deprived of state funding and access to the state media, in addition to the cancellation of its legal status if they have it.
OF CANDIDATES AND DIRECTIVES
ARTICLE 9o. NOMINATION AND NOMINATION OF CANDIDATES. Political parties and movements, with recognized legal status, will be able to apply candidates for any post of popular choice without any additional requirement.
The registration must be endorsed for the same purposes by the respective legal representative of the party or movement or by whom the delegate.
The associations of all order, which by decision of the General Assembly resolve to constitute in movements or social bodies, and the groups of citizens equivalent to at least twenty percent of the result of dividing the number of citizens Eligible to vote among the number of posts to be provided, they will also be able to run candidates. In no case will more than fifty thousand signatures be required to allow the registration of a candidate.
Candidates not enrolled by political parties or political movements must grant at the time of registration a policy of seriousness of the application for the amount to be fixed by the National Electoral Council, which may not exceed the equivalent One percent of the fund that will be set up to finance the parties and movements in the corresponding year. This guarantee shall be made effective if the candidate or the list of candidates does not obtain at least the required vote to be entitled to the replacement of the expenditure of the campaign in accordance with the provisions of Article 13 of this law. These candidates must submit for their registration the number of signatures referred to in the previous paragraph.
ARTICLE 10. INTERNAL CONSULTATIONS. 1 of Law 616 of 2000. The new text is as follows: > The electoral organization will collaborate in the conduct of internal consultations of parties and movements with legal persons who request it through their respective statutory authorities, to choose candidates for the Presidency of the Republic, departmental and municipal governments and municipal governments, such as to make decisions regarding their organization, internal or variation of their statutes. These consultations may be held at the national, departmental, county and municipal levels.
Such collaboration will be provided through the provision of electoral cards and individual cubicles installed at each voting table, the collection of votes and the conduct of the scrutiny, for that purpose, the State will finance the cost corresponding. The electoral organization will provide the voters with equal opportunities, instruments in which all the candidates must be clearly identified and in equal conditions.
Performing the query, you can match the choice immediately above.
A separate ballot box will be used for the consultations and the voting juries will only supply the electoral card to those who request it.
The expenses generated by the activities provided here will be the responsibility of the electoral organization.
In each constitutional period, the National Electoral Council (National Electoral Council) by the majority of its members will indicate a date when the referendum is intended to be held on a date other than the ordinary elections.
The query result will be mandatory for the party or movement requesting it.
The candidates for the presidency, the governorships, and the municipal governments of the parties that are engaged in the consultation procedure, will be selected on the same day and by the same mechanism.
The parties whose list of carnetization exceeds fifty percent (50%) of the last vote obtained by the party within the respective constituency will be able to request that only their affiliates participate in the consultation.
Those citizens who voluntarily register their name with the party organization as members of these political groupings are affiliated.
National Electoral Council will regulate in each case everything else related to the internal consultations of the parties.
PARAGRAFO. The candidates who received the consultation procedure must respect their outcome and the losers who submitted to the consultation procedure, who present their names for elections which were the subject of the consultation, are prohibited. internal.
ARTICLE 11. DEMOCRATIC CHOICE OF DIRECTIVES. The electoral organization will also collaborate in the selection of the national directives of political parties and movements, when it is carried out with the direct participation of its members. The collaboration shall be provided in the terms set out in the previous article.
PRIVATE AND STATE FUNDING
ARTICLE 12. FINANCING OF THE PARTIES. The State will finance the operation of political parties and movements with legal representation or representation in Congress, through the creation of a fund that will be constituted annually with a contribution of one hundred and fifty pesos ($150), for each citizen registered in the national electoral census. The proceeds of the fines referred to in this Law shall also be incorporated into the fund.
In no case will this fund be less than two thousand four hundred ($2,400) million pesos. The National Electoral Council will distribute the funds from that fund according to the following criteria:
(a) A fixed basic sum equivalent to 10% of the fund distributed equally between all parties and political movements;
b) 50% between the parties and movements in proportion to the number of seats obtained in the last election for the Congress of the Republic or for Departmental Assemblies, as the case may be;
c) 10% (sic);
d) 30% to contribute to the activities of the parties and movements for the fulfillment of their aims and the achievement of their purposes:
PARAGRAFO 1o. The sums provided for in literals (a) and (b) shall be free of destination and investment in political parties ' own activities.
PARAGRAFO 2o. The National Electoral Council will annually regulate the distribution of the percentage indicated in the literal d) of this article, so that it consults the number of votes obtained in the election before the House of Representatives.
PARAGRAFO 3o. Parties and movements with legal status are obliged to debate and approve their respective budgets democratically.
ARTICLE 13. FINANCING OF CAMPAIGNS. The State will contribute to the financing of electoral campaigns of political parties and movements, as well as those of the social movements and significant groups of citizens who are candidates for compliance with the following rules:
a) In the campaigns for President, the expenses will be replenished at the rate of four hundred pesos ($400), for the first round and two hundred pesos ($200) for the second round, for each valid vote deposited by the candidate or registered candidates. They shall not be entitled to the replacement of expenditure where their candidate has obtained less than five per cent (5%) of the valid votes in the election.
b) In the campaigns for Congress of the Republic, the expenses will be replenished at the rate of four hundred pesos ($400), for each valid vote deposited by the list or lists of the candidates registered;
[c] In the case of the mayoral and municipal elections, 50 pesos ($150) per valid vote will be returned to the list or lists of registered candidates. In the case of the elections of Governors and Deputies, the expenses will be recognized at the rate of two hundred and fifty pesos ($250) per valid vote deposited by the candidates or lists duly registered.
[d] The municipalities and districts will contribute to the financing of the election of the Local Administrative Boards, their amount will be determined by the respective Municipal Council.
You shall not be entitled to the replacement of expenses when your list has obtained less than one third of the votes cast by the list that has reached the least residue.
In the case of the Mayors and Governor's Office, the candidate who obtained less than 5% of the valid votes in the election will not have the right to replace expenses.
The replacement of campaign expenses can only be done through the parties, movements or organizations assigned, and to the social groups or movements, as the case may be, except in the case of independent or backed candidates. movements without legal status, in which event the corresponding item will be given to the candidate or to the person, natural or legal person designated by him.
Political parties and movements will distribute state contributions between the registered candidates and the party or movement, in accordance with its statutes.
The parties and movements that will participate in the elections, forming coalitions, will determine previously the form of distribution of state contributions to the campaign. Otherwise, they will lose the right to the state replenishment of expenses.
ARTICLE 14. CONTRIBUTIONS FROM INDIVIDUALS. The parties, political movements and candidates, as well as the organizations attached to social groups that run candidates, may receive financial aid or contributions from natural or legal persons.
No candidate in charge of the popular election will be able to invest in the respective campaign that exceeds the one set by the National Electoral Council, either from his own livestock, from his family or from private contributions. The National Electoral Council will set this sum six (6) months before the election. If the members do not do so, they shall incur a cause of misconduct.
The rules referred to in this article will be fixed taking into account the costs of the campaigns, the electoral census of the constituencies and the appropriation that the State makes to partially replenish the expenses incurred during them.
The candidate who infringes this provision will not be able to receive money from state funds, without prejudice to the fines to which he or she may agree with the literal (a) of article 39 of this law.
ARTICLE 15. DELIVERY OF CONTRIBUTIONS. The particular contributions to a given candidate must be given to the candidate himself, or to the organization representing him, or to the party or movement to which he belongs.
ARTICLE 16. DONATIONS FROM LEGAL PERSONS. Any donation that a legal person makes in favor of an electoral campaign, must have an express authorization of half plus one of the members of the board of directors or of the general assembly of shareholders or shareholders ' meeting, as the case may be. This will be recorded in the respective minutes.
ARTICLE 17. SPECIAL CREDIT LINES. The Board of Directors of the Bank of the Republic will instruct banks to open special lines of credit, at least three (3) months before the elections, in order to grant loans to parties and movements. (b) political parties participating in the campaign, preferably guaranteed by the right of the right resulting from the replenishment of expenditure by the State in accordance with the provisions of Article 13 of this Law.
PARAGRAFO. The replacement of the electoral expenses by the State shall be carried out within the month following the respective election.
In the event of the State not repositioning the electoral expenses, in the month following the election, the State will recognize the value of the interests previously agreed with the Bank.
ADVERTISING AND ACCOUNTABILITY
ARTICLE 18. PUBLIC REPORTS. The parties, movements and organizations assigned to the social groups or movements to which this law refers and the legal persons who support them shall submit to the National Electoral Council public reports. on:
(a) The annual income and expenditures of the party or movement before 31 January of each year;
b) The destination and execution of the public money allocated to them; and
c) The income earned and expenses incurred during the campaigns. This balance sheet must be submitted no later than one (1) month after the corresponding electoral debate.
PARAGRAFO. All these reports will be published in a newspaper with a broad national circulation, after being reviewed by the National Electoral Council.
ARTICLE 19. INDEPENDENT CANDIDATES. Independent candidates must present the balance sheet at the opportunity specified in the literal (c) of the previous article.
ARTICLE 20. ACCOUNTABILITY. In the account statements, at least the following categories of income shall be reported:
a) Member contribution;
c) Investments in investments;
d) Net revenues from public events, distribution of brochures, badges, publications and any other lucrative activity of the party or movement;
(f) Aid in kind valued at its trade price; and
g) Public Diners.
PARAGRAFO. A list of donations and credits shall be annexed to the reports, in which they shall be related, with an indication of the amount in each case and the name of the person, donations and credits exceeding the sum to be fixed by the National Council. Electoral.
The parties and movements will have to list the donations and credits with the address and telephone of the persons concerned, which can only be reviewed by the National Electoral Council to verify the compliance of the parties. rules set out in this Act.
ARTICLE 21. EXPENSE CLASSES. At least the following expense classes will be entered in the account renditions:
a) Administration expenses;
b) Office and procurement expenses;
c) Investments in material for the public work of the party or movement, including publications;
d) Public Acts;
e) Transport service;
f) Expenditure on training and policy research;
g) Judicial and accountability expenses;
h) Political propaganda expenses;
i) Cancellation of credits; and
j) Those other expenses that exceed the sum to be set by the National Electoral Council.
ADVERTISING, PROPAGANDA, AND POLITICAL POLLS
ARTICLE 22. USE OF THE MEDIA. The parties, movements and candidates for positions of popular choice may make political disclosure and electoral propaganda by the media, in the terms of this law.
ARTICLE 23. POLITICAL DISCLOSURE. ............................................................. policies in the face of the various issues of national interest. Through this type of publicity, you will not be able to seek electoral support for the parties or movements. The so-defined disclosure can be done at any time.
ARTICLE 24. ELECTORAL PROPAGANDA. ..........................................................
This kind of electoral propaganda can only be carried out during the three (3) months prior to the date of the elections.
ARTICLE 25. ACCESS TO THE SOCIAL MEDIA OF THE STATE. Political parties and movements with legal status will have the right to access the state's social media free of charge as follows:
1. Permanently for institutional policy outreach programs;
2. Within thirty (30) days prior to the presidential election for their candidates to expose their theses and programs.
If the second round is necessary, according to the article 190 C.P., spaces will be given to the candidates for the same purpose. At the joint request of the candidates they will have the right to hold two debates of 60 minutes each with the rules and on the issues that they point out in the petition; and
3. Within thirty (30) days prior to the election of the Congress of the Republic, to conduct electoral propaganda in favor of its candidates.
The National Electoral Council, prior to the National Television Council or the body that does its time, will establish the number and duration of the spaces indicated behind and regulate the use of the same, in a way that ensure respect for the institutions and the honour of the people.
For the distribution of 60% of the spaces referred to in the numeral 1o. This article will take into account the representation of the parties or movements in the House of Representatives.
The payment for the use of the spaces will be made from the General Budget of the Nation, for which the necessary items will be appropriated annually, which will be part of the Fund that is dealt with in article 12 of this law.
PARAGRAFO. The candidates duly registered by parties or movements without legal status, by social movements or by significant groups of citizens will be entitled to the spaces in which the numeral 2o of this article deals.
ARTICLE 26. CONTRACTED ELECTORAL PROPAGANDA. The concessionaires of the television spaces will be able to contract electoral propaganda within thirty (30) days prior to the presidential election, with the parties, movements or independent candidates.
The National Television Council or the body that will do its time will determine the time and spaces in which dealers can broadcast such propaganda, for the presidential campaign exclusively.
ARTICLE 27. GUARANTEES IN THE INFORMATION. The dealers of newscasts and television opinion spaces, during the electoral campaign, will have to guarantee pluralism, the balance of information and impartiality.
Dealerships of spaces other than those mentioned may not, in any case, present candidates for popular election positions during the time of the campaign.
ARTICLE 28. USE OF PRIVATE RADIO SERVICE AND NEWSPAPERS. The concessionaires for the provision of sound broadcasting service and the newspapers which accept paid political advertising, will do so on an equal basis to all parties, movements and candidates who request it.
The concessionaires of radio frequencies during the sixties (60) days prior to the corresponding electoral debate, are under the obligation to pass political propaganda at a rate less than half the commercial that rija in the six (6) months prior to the date of the same debate.
For free advertising, in whole or in part, it must be recorded in writing and will be given as a donation to the respective party, movement or candidate, for which the value will be estimated based on the fees charged to other parties or persons.
These provisions will also govern the private concessionaires of television spaces and, in general, for all forms of television legally authorized in the country.
PARAGRAFO. The National Electoral Council will point out the number of radio spots, notices in written publications, and billboards that each candidate for public corporations may have in each election.
ARTICLE 29. PROPAGANDA IN PUBLIC SPACES. It is up to the Mayors and the Municipal Registrars to regulate the form, characteristics, places and conditions for the setting of posters, pasacalles, posters and billboards aimed at spreading electoral propaganda, in order to ensure the equitable access of parties and movements, groups and candidates to the use of these means, in harmony with the right of the community to enjoy the use of public space and the preservation of aesthetics. They may also, for the same purposes, limit the number of billboards, posters and advertising elements intended to disseminate electoral propaganda.
the mayors will point out the public places authorized to fix this kind of propaganda, after consultation with a committee composed of representatives of the different parties, movements, or political groups participating in the election. ensure a fair distribution.
Parties, movements or political groups will not be able to use private assets to deploy this type of propaganda without the owner's authorization.
The mayor as the first police authority may require the representatives of the parties, movements and candidates who have carried out propaganda in unauthorized public spaces to restore them to the state they were in before. of misuse. It may also require that compliance with this obligation be fully ensured before the respective authorisations are granted.
ARTICLE 30. OF THE PROPAGANDA AND OF THE POLLS. Any poll of opinion of an electoral character to be published or disseminated, will have to be in its entirety and must indicate expressly the natural or legal person who carried out it and the task, the source of its financing, the type and size of the sample, the specific subject or topics to which it relates, the specific questions that were asked, the candidates for whom it was asked, the area and the date or time period in which it was carried out and the margin of error calculated.
On Election Day, the media will not be able to release projections based on the data received, nor to disseminate results of surveys on how people decided their vote or based on the statements made. to voters on how they intend to vote or have voted on election day.
The National Electoral Council shall exercise special supervision over entities or persons who carry out this activity professionally, in the case of surveys exclusively on parties, movements, candidates or degree of support for them, so that the questions to the public are not formulated in such a way as to induce a particular answer.
PARAGRAFO. The violation of the provisions of this article will be sanctioned by the National Electoral Council, with a fine of 25 to 40 minimum monthly salaries or with the suspension or prohibition of the exercise of these activities.
Original text of the bill:
INEXEQUABLE. During the thirty (30) days prior to an election, no social media outlet will be able to disseminate opinion polls showing the degree of citizen support to candidates or preview the outcome of the election.
ARTICLE 31. POSTAL FRANCHISE. Political parties or movements with legal status shall enjoy a postal franchise for the six months preceding any popular election, to be sent by the printed national post up to fifty (50). Each one, in number equal to that for each debate the National Government points out. The Nation through the Ministry of Finance will recognize to the National Postal Administration the cost in which it incurs for the reason of the franchise thus willing, therefore it will have to make corresponding budget appropriations for pay due and timely payment.
ARTICLE 32. DEFINITION. The opposition is a right of political parties and movements that do not participate in the government, to freely exercise the critical function in front of it and to raise and develop political alternatives. The right of opposition regulated in this law is valid both in front of the National Government, as well as in the departmental, district and municipal administrations.
ARTICLE 33. ACCESS TO THE OPPOSITION TO OFFICIAL INFORMATION AND DOCUMENTATION. Except for matters subject to legal or constitutional reserve, political parties and movements that do not participate in the Government shall have the right to be provided, in the form of preferential and promptly, the official information and documentation, within fifteen (15) days following the filing of the application.
The official officer who omits the compliance with the provisions of this article will incur a cause of misconduct.
ARTICLE 34. ACCESS OF THE OPPOSITION TO THE MEDIA OF THE STATE. The political parties and movements that do not participate in the government will be entitled to the use of the state's social media according to the proportion of the seats. obtained in the immediately preceding congressional elections and in accordance with the provisions of this law.
ARTICLE 35. REPLICA. Political parties and movements that do not participate in the government will have the right to reply in the media of the State in the face of serious and obvious misrepresentations or public attacks by the President of the Republic, Ministers or Heads of Administrative Departments when it has been used by the same means. In such cases, the party or movement interested in exercising this right, may respond in a timely manner, and with time, means and space at least equal to that which it has exercised, and in any event that guarantee a wide dissemination.
In the case of territorial administrations, the right of reply shall be given in the face of similar misrepresentations or attacks by the Head of the respective administration, the Secretaries of Office and the Directors or Managers of the respective decentralized entities.
ARTICLE 36. PARTICIPATION OF THE OPPOSITION IN THE ELECTORAL BODIES. Two posts in the National Electoral Council will be reserved for political parties and movements that do not participate in the government and whose votes are the largest but not to obtain a position in this body in its own right. The parties and movements that thus obtain the National Electoral Council will maintain it as long as they have no representation in the government. Otherwise, the post will be occupied by the party or movement that follows it in votes and that lacks participation in the government.
OF MONITORING, CONTROL, AND ADMINISTRATION
ARTICLE 37. WORK REPORT. The National Electoral Council will present to the Congress of the Republic an annual report of work.
ARTICLE 38. NATIONAL FUND FOR PARTY FINANCING AND ELECTORAL CAMPAIGNS. Create the National Fund for the Financing of Electoral Parties and Campaigns, without legal status, as a special system of accounts attached to the National Electoral Council.
The wealth of the fund will be integrated with the resources allocated by the State for the financing of the parties, the movements or the electoral campaigns, and for the other sums provided for in this law.
The fund's management will be the National Electoral Council's competence and the spending management will be the responsibility of the National Registrar of the Civil State.
ARTICLE 39. FUNCTIONS OF THE NATIONAL ELECTORAL COUNCIL. The National Electoral Council shall have the following functions, in addition to those conferred on it by the Constitution, the Electoral Code and the legislation in force.
a) Advance administrative investigations to verify strict compliance with the rules contained in this law and sanction parties, movements and candidates with fines whose value will not be less than 11 million eight hundred The Colombian legal currency, which is a total of twenty-six thousand nine hundred and ten pesos ($11,826,910), is not higher than the Colombian legal currency. Colombian legal currency, in accordance with the gravity, eximents and attenuants of the offence committed. Violations attributable to other people will be sanctioned with applicable fines within the limits set here. For the imposition of these sanctions, the Council will issue charges and the defendant will have a period of fifteen (15) days to answer them.
In the exercise of the surveillance function attributed by this law, the National Electoral Council may constitute courts or commissions of guarantees or supervision, order and practice tests, review public and private books and documents, and inspect the accounting of financial institutions;
b) Citar persons to testify and submit reports related to the compliance or enforcement of the aforementioned laws;
c) Issue concepts by interpreting the above legal provisions; and
d) Set the amounts to which this law refers.
ARTICLE 40. RESEMES. The values indicated in pesos in this law will be adjusted annually according to the increase in the consumer price index certified by the National Administrative Department of Statistics (DANE).
ARTICLE 41. ETHICAL CONTROL COUNCILS. For the purpose of permanently collaborating in the consolidation of public morality, political parties and movements, with or without legal personality, will create Ethical Control Councils.
These Councils will have as essential attribution to examine within the respective political party or movement the conduct and activity that those public servants who perform functions in the public administration, in the corporations of choice or within the respective political organization.
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