Law 130 of 1994
Official Gazette No. 41280 of March 23, 1994
Whereby the Basic Statute of parties and political movements dictates rules regarding their funding are held and election campaigns and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES TITLE I.
GENERAL PROVISIONS ARTICLE 1o. Right to form parties and movements. All Colombians have the right to form political parties and movements, to organize and develop, to join and withdraw from them freely and to disseminate their ideas and programs.
Social organizations have the right to demonstrate and to participate in political events.
. DEFINITION. The parties are permanent institutions that reflect political pluralism, promote and channel the participation of citizens and contribute to the formation and expression of popular will, in order to gain power, to elected office and influence political and democratic decisions of the nation.
Political movements are freely formed associations of citizens to influence the formation of political will or to participate in elections.
The parties and political movements made with the full of all constitutional and legal requirements have legal personality.
LEGAL PERSONALITY, NAME, SYMBOLS AND COLORS parties and movements
ARTICLE 3. RECOGNITION OF LEGAL PERSONALITY. The National Electoral Council will recognize and grant legal status to political parties and movements subject to compliance with the following requirements:
1. Application by its directives;
2. Copy of the statutes;
3. Prove their existence with no less than fifty thousand signatures or obtained in the previous election, at least the same amount of votes or representation in Congress; and
4. Present a document containing the political platform of the party or movement, expressing its philosophy and principles, as well as programs that identify and aspirations.
For purposes of this article may not be added together the votes obtained in the national constituency with those obtained in territorial and special constituencies, neither of them with those of the former.
The National Electoral Council did not take more than thirty (30) working days in considering a request for obtaining legal status. Editor's Notes
ARTICLE 4. LOSS OF LEGAL PERSONALITY. Political parties and movements lose their legal status when they are involved in one of the following causes:
1. When a choice is not obtained through their candidates at least 50,000 votes or not achieved, or maintained, representation in Congress, under the previous article;
2. When, according to its statutes, appropriate its dissolution;
and 3. When the National Electoral Council so declare, in the cases provided by this Law.
The 5th ITEM. NAME SYMBOL. The parties and political movements are owners of their name and symbol that 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 any other existing.
The name of the party or movement can not in any way resemble or have graphic or phonetic relationship with the symbols of the country or state emblems.
In election campaigns and other activities of the party or movement may be used only statutory name or abbreviation or acronym, additional designations must be approved by the same body that indicate the statutes.
Organisms that are cleaved party or movement lose the right to use all or part of the name and registered symbol and the corresponding locations.
ARTICLE 6o. PRINCIPLES OF ORGANIZATION AND OPERATION. Political parties and movements can organize freely. However, in the course of business they are required to comply with the Constitution and laws, to defend and disseminate human rights as the foundation of peaceful coexistence and foster the achievement and maintenance of peace, under the terms of Article 95 of the Political constitution.
In the regions, parties or political movements also enjoy freedom and autonomy for their organization and may belong to the party or movement that either have nationally. Editor's Notes
ARTICLE 7. OBLIGATION OF THE STATUTES. The organization and functioning of parties and movements are governed by the provisions of their own statutes. Any citizen, within the adoption of the respective decision twenty days, may appeal to the National Electoral Council bylaw provisions contrary to the Constitution, the law or the provisions of the National Electoral Council, or the decisions of the authorities parties and movements taken contravening the same rules.
Parties and movements entered before the National Electoral Council the names of people who, according to its statutes, have been appointed to lead and integrate their governing bodies and administration, within twenty (20) days the date of the respective designation. The National Electoral Council may, ex officio or at the request of any person, require that the respective registration is verified and do it even if you have proof thereof. Any citizen may appeal to the National Electoral Council the appointment of these directives within fifteen (15) days following the same days, for serious violation of the statutes of the party or movement. For all purposes, the National Electoral Council authorities only recognize as parties and movements to persons duly registered before him. Editor's Notes
Article 8. SANCTIONS. When the activities of a party or a movement manifestly contrary to the principles of organization and operation outlined in Article 6. of this law, the National Electoral Council may arrange to be deprived of state funding and access to state media, in addition to the cancellation of their legal status if they have it. Editor's Notes
OF CANDIDATES AND DIRECTIVES
Article 9. NOMINATION OF CANDIDATES AND APPLICATION. Political parties and movements, with recognized legal status, may nominate candidates for any elective office without any additional requirement.
Registration must be guaranteed for the same purpose by the respective legal representative of the party or movement or whom he delegates.
Associations of all kinds, which by decision of the General Assembly resolved constitute social movements or organizations, and groups of citizens at least equivalent to twenty percent of the result of dividing the number of citizens eligible to vote between the number seats to be filled, may also nominate candidates. In no event more than fifty thousand signatures are required to allow registration of a candidate.
Candidates not registered by parties or political movements should give the time of registration a policy of seriousness of the bid by the amount set by the National Electoral Council, which may not exceed an amount equal to one percent of the fund which is established to finance parties and movements in the corresponding year. This guarantee will be called if the candidate or the candidate list does not get at least the vote required to qualify for the replacement of campaign expenses in accordance with the provisions of Article 13 of this Law. These candidates must submit for registration the number of signatures to in the preceding paragraph. Editor's Notes
internal consultations. The electoral organization will collaborate in conducting internal consultations of parties and movements with legal personality upon request through their respective statutory authorities, to choose candidates for the Presidency of the Republic, departmental governments and district and municipal authorities, to take decisions regarding their organization, internal or variation of its statutes. These consultations may be carried out at the national, departmental, district and municipal levels.
Such collaboration will be provided through the provision of electoral cards and individual cubicles installed in each polling station, collecting the votes and the carrying out of polling, for this purpose, the state will finance the cost involved. The electoral organization will provide voters equally, instruments which must appear clearly identified and equal conditions all candidates.
The completion of the consultation, may coincide with the immediately preceding election.
For queries a separate ballot box and voting juries will supply only the electoral card to those who request it will be used.
Expenditure in the activities set forth herein shall be borne by the electoral organization.
In each constitutional period, the National Electoral Council by the majority of its members, indicate a date when it seeks to make the query differently from ordinary election date.
The outcome of the consultation will be mandatory for the party or movement that request. Effective Jurisprudence
Candidates for the presidency, governorships and mayoralties of parties availing themselves of the consultation process, they will be chosen the same day and by the same mechanism.
Parties whose identity cards list exceeds fifty percent (50%) of the last vote obtained by the party within the respective constituency may request to participate in the consultation only its affiliates.
Members are citizens who voluntarily register their name to the party organization as members of such political groupings.
The National Electoral Council shall regulate in each case everything else related to internal consultations of the parties. Effective Jurisprudence
PARÁGRAFO. The candidates who accepted the consultation procedure should respect the result and it is forbidden to losers who underwent this procedure, to submit their names for elections that were the subject of internal consultation. Editor's Notes
ARTICLE 11. DEMOCRATIC CHOICE OF DIRECTIVES. The electoral organization will work equally 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 will be provided under the terms provided in the previous article.
STATE AND PRIVATE
ARTICLE 12. FINANCING OF MATCHES. The state will finance the functioning of political parties and movements with legal status or representation in Congress, by creating a fund to be established annually with a contribution of one hundred fifty pesos ($ 150) for every citizen registered on the electoral roll national. The fund also incorporate the product of the fines referred to this law.
In any case this fund will be less than in 2400 ($ 2,400) million. The National Electoral Council shall distribute the moneys of the fund in accordance with the following criteria:
a) A basic lump sum equivalent to 10% of the fund distributed equally among all political parties and movements;
B) 50% between parties and movements in proportion to the number of seats obtained in the last election for the Congress or for departmental assemblies, as appropriate;
C) 10% (sic);
D) 30% to contribute to activities by parties and movements for the fulfillment of its purposes and the achievement of its goals:
PARAGRAPH 1.. The amounts provided in subparagraphs a) and b) shall be freely destination and investment in own parties and political movements activities. PARAGRAPH 2.
. The National Electoral Council annually shall regulate the form of distribution indicated in paragraph d) of this Article percentage, so refer to the number of votes obtained in the previous election for the House of Representatives. PARAGRAPH 3.
. Parties and movements with legal status are required to debate and approve their respective budgets democratically. Editor's Notes
ARTICLE 13. FINANCING CAMPAIGNS. The State shall contribute to the financing of election campaigns of parties and political movements, like those of social movements and significant groups of citizens that run candidates in accordance with the following rules:
a) In the campaigns for President , expenses at the rate of four pesos ($ 400), for the first round and two hundred pesos ($ 200) for the second round, for each valid vote cast by the candidate or registered candidates reset. They not entitled to replacement costs when your candidate has obtained less than five percent (5%) of the valid votes in the election. Editor's Notes
B) In the campaigns for Congress, expenses are replenished at the rate of four pesos ($ 400) for each valid vote cast by the list or lists of registered candidates;
C) In the case of the elections of mayors and councilors will be replenished at the rate of one hundred fifty pesos ($ 150) per valid vote cast by the list or lists of registered candidates. In the case of the elections of Governors and Deputies, expenses are recognized at the rate of two hundred fifty pesos ($ 250) per valid vote cast for candidates duly registered or lists.
D) The municipalities and districts contribute to the funding of the election of local administrative bodies, their amount will be determined by the respective City Council.
Not entitled to replacement costs when your list has obtained less than a third of the votes cast by the list has reached curul with the least waste.
In the case of mayors and governors, you are not entitled to replacement cost the candidate who receives less than 5% of the valid votes in the election.
Replenishing campaign spending can only be done through parties, movements or affiliated organizations, groups or social movements, as appropriate, except in the case of independent candidates backed by movements or unincorporated, in which event the corresponding item will be delivered to the candidate or the person or entity designated by him.
The parties and political movements state contributions distributed among registered candidates and the party or movement, in accordance with the provisions of its statutes.
Parties and movements who attend pre-election coalitions forming determine the manner of distribution of state contributions to the campaign. Otherwise, they will lose the right to state replacement costs. Editor's Notes
ARTICLE 14. CONTRIBUTIONS OF INDIVIDUALS. The parties, political movements and candidates, as well as the organizations attached to social groups that run candidates may receive support or financial contributions from individuals or corporations.
No candidate for elected office may invest in the respective sum campaign that exceed the established by the National Electoral Council, either at their own expense, that of his family or individual contributions. The National Electoral Council will fix this sum six (6) months before the election. Failure to do so will incur Directors for misconduct.
The rules referred to in this article to be fixed taking into account the costs of campaigns, the electorate of the constituencies and appropriation that the State makes to partially replace the costs incurred during them.
The candidate who violates this provision can not receive money from state funds, subject to the fines that may be applicable in accordance with paragraph a) of article 39 of this law. Editor's Notes
ARTICLE 15 DELIVERY OF CONTRIBUTIONS. Particular contributions to a particular candidate should be given to the candidate himself, or the organization to represent you, or the party or movement to which it belongs.
ARTICLE 16 DONATIONS OF CORPORATIONS. Any donation that a legal person undertakes in favor of an election campaign, must have the express authorization of half plus one of the members of the board or the general meeting of shareholders or board members, as appropriate. It shall be recorded in the minutes.
ARTICLE 17. SPECIAL CREDIT LINES. The Board of the Central Bank ordered banks to open special credit lines, at least three (3) months before the elections, in order to grant loans to political parties and movements participating in the campaign, guaranteed preferentially with the pledge of duty resulting from the replacement of expenses made by the State in accordance with the provisions of Article 13 of this law.
PARÁGRAFO. The replacement of election expenses by the State shall be made within the month following the respective election.
If not made the replacement of election expenses by the State, in the month following the respective election, the State shall recognize the value of interest previously agreed with the Bank.
TITLE V. ADVERTISING AND ACCOUNTABILITY
ARTICLE 18. PUBLIC REPORTS. The parties, movements and groups affiliated organizations or social movements alluded to by this law and legal persons who support them must submit to the National Electoral Council public reports on:
a) the annual income and expenses of the party movement or before January 31 of each year;
B) The destination and execution of public monies allocated to them; and
c) Income earned and expenses incurred during campaigns. This balance must be submitted no later than one (1) month after the corresponding electoral debate.
PARÁGRAFO. All these reports will be published in a newspaper of national circulation, after being reviewed by the National Electoral Council.
ARTICLE 19. INDEPENDENT CANDIDATES. Independent candidates must submit the balance in the opportunity indicated in item c) of the preceding article.
ARTICLE 20 ACCOUNTABILITY. In accountabilities they are entered at least the following categories of income:
a) Contribution of members;
C) Income from investments;
D) Net income from public events, distribution of leaflets, badges, publications and any other gainful activity the party or movement;
F) Aid in kind valued at their trades; and
g) Public Monies.
PARÁGRAFO. A reports a list of grants and loans, which must relate, indicating the amount in each case and the name of the person, donations and loans that exceed the amount set by the National Electoral Council annexed.
Parties and movements must keep a list of donations and credits with the address and telephone number of the persons concerned, which may only be reviewed by the National Electoral Council to verify compliance with the rules set out in this Act .
ARTICLE 21. CLASSES OF EXPENSES. In accountabilities they are entered at least the following types of expenses:
a) Administrative expenses;
B) Office expenses and acquisitions;
C) Investments in equipment for public work party or movement, including publications;
D) Public events;
E) transport service;
F) Costs of training and policy research;
G) judicial and accountability Expenses;
H) Expenses of political propaganda;
I) Cancellation of credit; and
j) Any other expenses exceeding the amount set by the National Electoral Council.
ADVERTISING, PROPAGANDA AND POLICY SURVEYS
ARTICLE 22. USE OF THE MEDIA. Parties, movements and candidates for elected office may make political and electoral propaganda dissemination by the media, under the terms of this law.
ARTICLE 23. DISCLOSURE POLICY. Understood for disclosure policy which made with institutional parties, movements, in order to disseminate and promote the principles, programs and achievements of parties and movements as well as their policies address the various issues of national interest. Through this type of advertising can not seek electoral support for parties or movements. The disclosure thus defined may be made at any time.
ARTICLE 24. ELECTORAL PROPAGANDA. Understood for electoral propaganda performing parties, political movements and candidates for elected office and those who support them, in order to gain electoral support.
This kind of electoral propaganda can only be made within three (3) months prior to the election date. Editor's Notes
ARTICLE 25. ACCESS TO MEDIA STATE SOCIAL. The parties and political movements with legal status are entitled to free access to the media of the State as follows:
1. Permanently, for institutional disclosure policy programs;
2. Within thirty (30) days prior to the presidential election candidates to present their theses and programs days.
If the second round proves necessary, in accordance with Article 190 CP, spaces will be granted to candidates for the same purpose. At the joint request of the candidates have the right to conduct two debates of 60 minutes each with the rules and the issues they indicate in the petition;
and 3. Within thirty (30) days prior to the election of Congress days to make electoral propaganda in favor of their candidates.
The National Electoral Council prior concept of the National Television Council or the body that replaces it, set the number and duration of the spaces provided back and regulate the use thereof, so that respect is guaranteed to institutions and honor of individuals.
For the distribution of 60% of the spaces on the 1st paragraph refers to. This article will consider the representation having parties or movements in the House of Representatives.
Payment for the use of space will be charged to the General Budget of the Nation, for which annually appropriated the necessary items, which form part of the Fund referred to in article 12 of this law.
PARÁGRAFO. Duly registered candidates by parties or movements without legal status, social movements or significant groups of citizens entitled to spaces that is the 2nd paragraph of this article. Editor's Notes
CONTRACTED electioneering. Dealers spaces can contract television electioneering within thirty (30) days prior to the presidential election, with parties, movements or independent candidates.
The National Television Council or the body that replaces it will determine the time and space in which dealers can issue such propaganda, exclusively for the presidential campaign.
ARTICLE 27. GUARANTEES IN THE INFORMATION. News dealers and opinion programs on television during the election campaign, should ensure pluralism, information balance and fairness.
Dealers spaces other than those listed may in no case to present candidates for elective office during the time of the campaign.
ARTICLE 28. USE OF SERVICE PRIVATE RADIO AND NEWSPAPERS. Dealers to provide service radio and newspapers that accept paid political advertising, will make it equal to all parties, movements and candidates who request it.
Dealers radio frequencies within sixty (60) days prior to the corresponding electoral debate, are obliged to pass political propaganda at less than half governing trade in the six (6) months rate prior to the date of the debate.
From the free publicity whole or in part, you must be a written record and shall be considered as donation to the respective party, movement or candidate, for which its value based on the rates charged to other parties or persons is estimated.
These provisions also will apply to private concessionaires of television spots and in general for all forms of television legally authorized in the country.
PARÁGRAFO. The National Electoral Council shall determine the number of radio spots, advertisements in print publications and billboards that may have in each election the respective party or individually each candidate to public corporations.
ARTICLE 29. PROPAGANDA IN PUBLIC SPACES. Corresponds to the Mayors and Municipal Registrars regulate the manner characteristic, places and conditions for fixing posters, banners, posters and billboards to disseminate electoral propaganda, to ensure equal access of parties and movements, associations and candidates the use of these means, consistent 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 to disseminate electoral propaganda.
Mayors point out public places authorized to fix this kind of propaganda, after consultation with a team consisting of representatives of different parties, movements or political groups participating in the election to ensure an equitable distribution committee.
Parties, movements or political groups can not use private assets to deploy such propaganda without permission of the owner.
The Mayor as the first police authority may require the representatives of the parties, movements and candidates who made propaganda unauthorized public spaces, which restored to the state they were before the abuse. It may also require that fulfillment of this obligation fully guarantee before granting the respective authorizations.
ARTICLE 30 OF PROPAGANDA AND SURVEYS. Every opinion poll electoral character to be published or broadcast, will have to be in full and must expressly indicate the natural or legal person who performed and commissioned, the source of its funding, type and size of the sample, specific topic or topics that are concerned, the specific questions raised, the candidates for whom questions were asked, the area and the date or period of time that was performed and the margin of error calculated.
The election day, the media may not disclose projections based on data received or disseminate results of surveys on how people decided their vote or based on statements taken from voters on the how they intend to vote or voted on election day.
The National Electoral Council shall exercise special vigilance on the entities or persons professionally perform this activity when dealing exclusively surveys parties, movements, candidates or degree of support to them, so that the questions are not made public so that induce a particular response.
PARÁGRAFO. Violation of the provisions of this Article shall be passed by the National Electoral Council, with a fine of 25 to 40 minimum monthly wages or suspension or prohibition of the exercise of these activities. Effective Jurisprudence
Original text of the bill:
INEXEQUIBLE. During the thirty (30) days prior to an election, any means of social communication may publish opinion polls that show the degree of public support candidates or predict the outcome of the election.
POSTAL ARTICLE 31. FRANCHISE. Political parties or movements with legal personality shall enjoy franking privilege during the six months preceding any popular choice to send printed national postal up to fifty (50) grams each, equal in number to that for each discussion point to the National government. Nation through the Ministry of Finance recognize the National Postal Administration cost incurred thereof by reason of the franchise thus arranged, therefore shall make the corresponding budgetary appropriations to meet properly and timely payment.
TITLE VII. GENERAL PROVISIONS
ARTICLE 32. DEFINITION. The opposition is a right of political parties and movements that do not participate in government, to freely exercise the critical role against this and plan and develop policy alternatives. The right to object regulated by this law is effective against both the national government, as against the departmental, district and municipal. Editor's Notes
ARTICLE 33. ACCESS
OPPOSITION TO INFORMATION AND OFFICIAL DOCUMENTS. Except matters subject to legal reserve or constitutional, political parties and movements that do not participate in the Government shall be entitled to be provided with, preferential and quickly form, information and official documentation, within fifteen (15) days the submission of the application.
The official official who fails to comply with the provisions of this article shall incur grounds for misconduct.
ARTICLE 34. ACCESS
OPPOSITION TO MEDIA STATE. Political parties and movements that do not participate in the Government shall have the right to use the media of the State according to the proportion of seats obtained in the elections for Congress immediately preceding and in accordance with the provisions of this law.
ARTICLE 35 REPLY. Political parties and movements that do not participate in the government have the right of reply in the media of the state against serious and flagrant misrepresentations or public attacks proffered by the President of the Republic, ministers or heads of administrative departments where there They have been using the same means. In such cases, the party or movement interested in exercising this right, you can respond in a timely manner, and with time, environment and space at least equal to that raised their exercise, and in any case to ensure a wide dissemination.
In the case of local authorities, proceed the right of reply against similar attacks misrepresentations or uttered by the head of the respective administration, Office Secretaries and Directors or Managers of the respective decentralized entities.
ARTICLE 36. PARTICIPATION OF OPPOSITION EMBs. Two seats on the National Electoral Council will be reserved for political parties and movements that do not participate in government and whose ratings are older but less than for position in its own right in this organism. The parties and movements as well obtuvieren the National Electoral Council will keep as unrepresented in government. Otherwise, the position will be filled by the party or movement next in votes and lacking participation in government.
MONITORING, CONTROL AND ADMINISTRATION
ITEM 37. REPORT OF WORK. The National Electoral Council shall annually submit to Congress a report of work.
ARTICLE 38. FINANCING NATIONAL FUND parties and electoral campaigns. Create the National Financing Fund of parties and electoral campaigns without legal status as a special system of accounts attached to the National Electoral Council.
The Fund's assets will be integrated with the resources assigned by the State for the financing of parties, movements or electoral campaigns, and other sums provided for in this law.
The administration of the fund shall be the responsibility of the National Electoral Council and management of expenditure correspond to the National Civil Registrar.
ARTICLE 39. FUNCTIONS OF THE NATIONAL ELECTORAL COUNCIL. The National Electoral Council shall have the following functions in addition to those conferred by the Constitution, the Electoral Code and the law.
A) Overtaking administrative investigations to verify strict compliance with the rules contained in this law and punish the parties, movements and candidates with fines whose value is not less than eleven million eight hundred twenty-six thousand nine hundred and ten pesos legal currency in Colombia ( $ 11,826,910) and not more than 118,269,000 percent five pesos ($ 118,269,105) Colombian pesos. Colombian legal currency in accordance with gravity, defenses and extenuating of the offense. Violations attributable to other persons shall be punished with fines applicable within the limits set forth herein. For the imposition of these sanctions, the Council will press charges and the accused shall have a period of fifteen (15) days to respond.
In exercise of the oversight function attributed by this law, the National Electoral Council may constitute tribunals or commissions guarantees or monitoring, order and practice tests, review books and public and private documents and inspect the accounts of financial institutions; Effective Notes
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B) Quote persons to give evidence and report related to the implementation or enforcement of such laws;
C) Issue concepts interpreting the legal provisions mentioned; and
d) To establish the amounts that this law refers to.
ARTICLE 40. ADJUSTMENTS. The values given in pesos in this law are adjusted annually according to the increase in the consumer price index certified by the National Administrative Department of Statistics (DANE).
CONTROL OF ETHICAL
ITEM 41. ETHICAL CONTROL TIPS. In order to work permanently in the consolidation of public morals, political parties and movements, with or without legal status, create Ethical Control Councils.
These Councils will consider as an essential function within the respective party or political movement behavior and activity that meet those public servants who perform functions in public administration, corporations election or within the respective political organization. Effective Jurisprudence