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Countries Surveyed
Australia
Regulating elections
The Electoral Commission monitors all aspects of election law, publishing a report after each parliamentary election. This report and other information is posted on the Internet. The Commission's responsibilities include the distribution of state aid (reimbursing election expenses to parties and independent candidates), the registering of political parties and the monitoring of the donations they receive.
State aid
Registered political parties and independent candidates (who obtain at least 4 per cent of the formal first preference votes cast) qualify for a reimbursement of some of their election expenditure. Until the end of 1998 the figure has been set at Aus$1.6221 (58p) for each vote cast in their favour. This figure is linked to the consumer price index, and is reviewed every six months. Payment is made by cheque to election agents.
There is no specific funding for the parliamentary activities of the political parties. Members of Parliament have their own staff and research support is provided by the Parliamentary library.
Political donations
Parties are obliged to disclose the details of persons from whom they have received Aus$1,500 (£550) or more, including items which are not donations. This prevents disclosure being avoided by parties setting up schemes to attract funds which are not strictly seen as being donations, for example, offering 'gold membership' to organisations for large sums of money. There is no limit on the amount which may be given to a political party.
Organisations which are closely associated with registered political parties must also lodge disclosures in the same detail as parties. Such organisations include fund-raising trusts, companies which hold assets of the party and business enterprises of a party. This requirement is designed to prevent political parties avoiding disclosure by channelling their financial affairs through third parties.
Donors to political parties lodge with the Electoral Commission disclosures of donations totalling Aus$1,500 (£550) or more made to a political party, which include aggregates of donations of less than Aus$500 (£185). Donor returns serve two purposes. First, it assists disclosure by providing a more comprehensive list of donations than those on party returns. Secondly, it enforces the disclosure threshold ofAus$1,500 by plugging a potential loophole allowing multiple donations ofAus$499 to be made to a political party which, of course, do not have to be disclosed by the party itself. Political parties cannot accept anonymous donations in excess of Aus$1,000 (£370) and if they do the amount is confiscated by the state.
Annual returns are submitted by each State or Territory branch of a registered political party to the Electoral Commission. If returns are filed improperly - which may be revealed by an enforced audit - fines and, at worst, imprisonment may follow.
Expenditure limits
There are no limits on election expenditure. The political parties, nonetheless, are required to disclose levels and items of expenditure in their annual returns to the Electoral Commission.
Austria
State aid
Since 1975 political parties have been given funds to help with their public relations work. Each political party with at least five Members of Parliament (large enough to form a parliamentary group) is entitled to a basic amount of three million Schillings (£150,000) with an additional amount given on the basis of relative political strength - the number of votes cast in the preceding National Council election. In 1998 this amounted to 201,718,700 Schillings (£10 million). Any small political party which has over one per cent of the vote, but does not have five MPs is also entitled to a grant in proportion to its political strength. The parliamentary groups are also entitled to funds for their parliamentary duties.
Election propaganda expenses, since 1989, have also been met by the state. The total amount of funds, which in 1995 amounted to 106,341,470 Schillings (£5 million), is calculated by multiplying 20 Schillings (£1) - as established in 1989 and since linked to the consumer price index - by the total number of persons entitled to vote. After the election the total amount is divided between the parties according to the votes cast for them. This system of state aid was extended to the European Parliament elections of 1996, but with the total amount of state aid reduced by 10 per cent.
Funds are made available for political research institutes and for women's and youth groups affiliated to a political party. In 1996 this state aid amounted to 123 million Schillings (£6 million). The press also receives a subsidy to encourage a diversity of free and open media. Since 1972 magazines and periodicals have received a subsidy - which in 1997 stood at 7.1 million Schillings (£350,000). Since 1975 newspapers have received a subsidy - which in 1997 amounted to 265.8 million Schillings (£12.6 million). To qualify for this state aid the press have to prove they have internal freedom and are not under any undue influence from the Government or from their publishers.
Belgium
Regulating elections
The only regulation on the funding of political parties, is that they must submit an annual financial report to the Parliamentary Control Committee (see below).
State aid
Political parties (represented by non-profitmaking bodies as political parties have no legal status) are entitled to annual state aid of 50 million BEF (just under £1 million) with an extra 50 BEF for each vote cast. To qualify for this aid political parties must meet two criteria. First, they must have at least one elected representative in Parliament or the Senate. Second, they must submit an annual financial report to the Parliamentary Control Committee.
Political donations
The Parliamentary Control Committee has the power to request documents and may list those who have contributed to a political party. Only private individuals are allowed to give to political parties - institutional donations are banned - and there is no distinction between donations from resident or foreign nationals.
A Bill presented to Parliament in April 1998 proposed the registration of any donation exceeding 5,000 BEF (£85). It also proposed a limit - for each individual donor - of 20,000 BEF (£340) on any donation to an individual political party, and 80,000 BEF (£1360) on total donations to all political parties.
Denmark
Regulating elections
Parliamentary elections are scrutinised through a parliamentary committee.
State aid
State funding is given to all parties and to independent candidates. Funds depend on the number of votes received and the type of election being fought - each vote is worth (1998): Dkr20.50 (£1.80) for elections to Parliament (Folketinget), Dkr4.25 (38p) for local (kommune) elections and Dkr2.75 (25p) for county (amt) elections. The amounts are increased by approximately 2 per cent each year.
Parliamentary groups receive Dkr210,000 (£19,090) monthly with an extra Dkr33,000 (£3,000) for each MP in the parliamentary group. The aid is provided by the state and is used for general administration and research purposes.
Political donations
The accounts of each of the parties are made public each year. These have to include any donation - from individuals, companies, organisations or trade unions - in excess of Dkr20,000 (£2,000) in any one year. The donations may be given anonymously. If the donor is unknown to the party a donation may be published as given anonymously. In all other cases names and addresses have to be published.
There is no limit on how much may be given. There is also no legal distinction between donations from foreign or resident nationals: all substantial donations are disclosed. Trade unions and employers associations may give political parties money collected from their members. Any such donation is voluntary and members may opt out of the scheme.
Expenditure limits
There is no upper limit on spending, although any state aid received by parties and independent candidates must be spent within the financial year.
France
Regulating elections
In 1990 the Commission nationale des comptes de campagne et des financements politiques (CCFP) - the National Commission for Campaign Accounts and Political Funding - was established to enforce new regulations on political parties. The regulations covered limits on campaign expenditure, political donations and state aid.
State aid
50 per cent of the election spending limit (see below) may be reclaimed (by those who receive at least 5 per cent of the vote) through a system of flat-rate reimbursements. Presidential candidates may only claim back one-third of their spending limit. The candidates have to submit and disclose a 'campaign account' without which no reimbursement is possible. The total amount reimbursed cannot exceed the amount actually spent by the candidate. Established parties receive further state aid, depending on the number of votes received at the last election. New parties may claim two million francs (£200,000) if in a year they raise at least one million francs (£100,000) from 10,000 people (500 of whom must be elected representatives). Political parties have to submit a 'campaign account' after an election. From this account the level of state aid is calculated by the CCFP and any irregularities are acted upon.
Political donations
Companies cannot donate funds to political parties. Donations from individuals are tax-deductible - as are charitable donations. Foreign donations are banned.
Expenditure limits
The expenditure of both candidates and their parties are restricted within these limits:
 Presidential elections - 90 million francs (£9,000,000) per candidate in the first ballot and 120 million francs (£12 million) in the second ballot,
Parliamentary elections - 250,000 francs (£25,000) plus one franc (10p) for each inhabitant,
European elections - 56 million francs (£5,600,000),
Local Elections (municipal, general and regional councillors) - 1.5 francs (15p) to 11 francs (£1.10) for each inhabitant, depending on the type of election and size of population.
The limits are reinforced by a ban on the use of the most expensive forms of advertising.
India
Regulating elections
The Election Commission of India is a body for which provision is made in the Constitution. It has three members. It is responsible for the rules regarding donations to political parties and for monitoring election expenditure (as there are expenditure limits). Political parties and candidates must submit an account of their expenses after an election.
Political donations
All donations above Rs10,000 (£145) have to be declared in full with the donor's full name and address; both individual and company donations are permitted, but foreign donations are banned. The Election Commission encourages the use of cheques for all political donations, to ensure that they are fully accounted for.
Expenditure limits
In each Parliamentary election candidates are allowed to spend up to Rs450,000 (£6400). A recent Government order has raised this limit to Rs900,000 (£12,800), but it has not yet been implemented.
Italy
Regulating elections
There is no designated agency charged with the duty of enforcing election law. Although the details of some -donations to political parties are recorded by the Presidency of the Chamber of Deputies (see below).
State aid
In April 1993 a referendum was held which recorded a vote of 90.3 per cent against the system of state aid which had been in place since 1974. The scheme was therefore dropped, although a new law reimburses parties for their campaign expenditure for elections to the legislature, the only remaining form of state aid. State aid in 1996 amounted to 91 billion lira (£30 million).
Internal rules of each of the two Chambers allocate, from the Chamber's budget, funds for parliamentary groups to help them with their duties such as administration and research.
Political donations
Donations to political parties or individual candidates by the following institutional donors are forbidden; public administrative bodies; other public bodies; companies with at least 20 per cent of their capital held by the state, or companies controlled by them; companies which have not sought consent from their management body or reported the donation in their company accounts.
Any political donation exceeding 12,104,415 lira (£4,300) in one financial year may only be accepted if both the donor and the recipient sign a joint statement within three months and deposit it with the Presidency of the Chamber of Deputies. There is a distinction between foreign and resident nationals. Although donations from foreign nations (including EU citizens) are not restricted, the recipient must make a declaration if the donation is over 12,104,415 lira. There is also a system of tax rebates on donations, except for those from companies which have declared negative results in the previous financial year.
There are no restrictions on the amount which may be given to a political party, but only 23,792,462 lira (£8,200) may be given to an individual candidate.
A law passed in 1997 allows taxpayers to donate 0.04 per cent of their income tax to the support of political parties which have at least one member elected to either of the two chambers. The total sum donated is then allocated amongst the parliamentary groups according to a mechanism based on the number of votes obtained in general elections. For the first year of operation (1997) a lump sum of 160 billion lira (£55 million) was voted.
Expenditure limits
There are expenditure limits on both candidates and parties;
candidate limits 95,169,000 lira (£32,800) +
in Single member districts 119 lira (4p) per citizen
in PR districts 11.89 lira (0.4p) per citizen
party limits 200 lira (6p) x all inhabitants of the districts contested by the party
Luxembourg
Regulating elections
There is no Election Commission or equivalent regulatory body. Election law is enforced through the ordinary legal system. A review of party funding is in progress.
State aid
Political parties currently have no legal status and receive no state funds. A Bill now before the Chamber of Deputies propose to reimburse electoral expenses in national and European elections.
Political groups within the Chamber of Deputies are allocated funds to finance their parliamentary activities. There is also provision for free postal services, during elections, for each political group.
Political donations
The accounts of political parties do not have to be published. Donations are not usually disclosed and there is no system of tax relief. Another Bill before the Chamber of Deputies, however, has proposed regulating donations to political parties.
Expenditure limits
There are currently no limits on the amounts which political parties or candidates can spend and such expenditure does not have to be declared. The proposed new legislation to regulate the financing of political parties, however, also proposed the regulation of the parties' election expenditure.
New Zealand
Regulating elections
The Electoral Commission has numerous duties ranging from the distribution of state aid to the monitoring of political donations to registered political parties. All registered political parties have to make annual returns listing donations above the threshold levels. The existing legal system enforces all other aspects of election law.
State aid
Most of the state aid given to political parties consists of funds for election broadcasts, which political parties are forbidden to pay for themselves. A sum of public money is appropriated for allocation to eligible parties to fund their election broadcasts from 'writ day' to the day before the election. Parties are not permitted to broadcast election programmes outside that period. The funds are distributed by the Electoral Commission, if the party meets the statutory criteria, and are paid directly to the broadcasters to meet the costs of radio and television broadcasts arranged by the parties. Parliament determines, through legislation, the level of state aid. It has remained unchanged at NZ$2m (£700,000) since 1990 when the scheme was introduced. In 1986 the Royal Commission on the Electoral System recommended a comprehensive system of state aid for political parties, but the scheme has not been adopted.
There are also funds for the parliamentary duties - administrative and research - of MPs and parliamentary parties.
Political donations
Registered political parties make annual returns to the Electoral Commission. Any gift or series of gifts of money, goods or services which in aggregate during the year are greater than NZ$1,000 (£350) at the constituency and NZ$10,000 (£3,500) at the regional or national level must be disclosed, together with the donors name and address. Anonymous donations that exceed the disclosure thresholds must be included on the returns. Foreign donations are permitted. Returns of donations made at the regional or national level must be audited. All returns and auditors' reports must be available for public inspection.
Expenditure limits
A registered political party is limited in the amount it can spend on its election advertising in the 3 months before election day to NZ$1 million (£350,000) if it nominates a party list plus NZ$20,000 (£7,000) for each candidate nominated by the party. Election spending by the party's candidates for their personal campaigns is limited to NZ$20,000 (£7,000) and is not counted as a party expense. A party's broadcasting allocation is also excluded from the party's election expenses.
After a general election, each registered party must provide the Electoral Commission with an audited return of election expenses. All returns and auditors' reports must be available for public inspection.
Portugal
Election regulation
The National Electoral Committee (CNE) - accountable to the Assembly of the Republic - acts to ensure probity and impartiality within the electoral process. The CNE monitors election expenses, allocates broadcasting time on radio and television, and tries to ensure all candidates have equal access to the media. The actual legal, financial and logistical aspects of elections are the responsibility of the Ministry for Internal Administration (Home Office). The Constitutional Court audits the parties' annual accounts and can issue fines if irregularities are found.
State aid
A party which stands for election to the Assembly of the Republic can subsequently request state aid from the Speaker. This state aid is the equivalent to ¹/225 of the monthly national minimum wage for each vote cast for the party in the previous general election. The national monthly minimum wage is currently (1998) Esc57,000 (£190), and is expected to rise to around Esc60,000 next year, so, state aid is currently worth Esc253 (84p) per vote cast.
Political donations
Anonymous donations can be made: by individuals, if the donation is less than ten times the monthly minimum -wage - Esc570,000 (£1,900). If it exceeds this amount the donation has to be made by cheque and is recorded in the party's accounts - which are then presented to the Constitutional Court for auditing. Individual donations cannot exceed thirty times the national minimum wage - Esc1,710,000 (£5,700) and company donations cannot exceed a hundred times the monthly minimum wage - Esc5.7 million (£19,000).
The following are forbidden from making donations to political parties: state-owned companies; companies with state-owned stock; companies having the concession to run public services; charities; charitable foundations; and foreign governments or companies.
There are also limits on how much a party can accept in political donations. A party can only receive a total of 500 times the national minimum wage - Esc28.5 million (£85,000) - in anonymous donations, and 1,000 times the months minimum wage - Esc57 million (£190,000) - in total donations from companies.
Expenditure limits
Expenditure is monitored and controlled by the CNE which ensures the following expenditure limits are not breached:
Presidential candidates: 6,000 time the monthly national minimum wage - Esc342 million (£1.14 million)
European election candidates: 200 times the monthly national minimum wage - Esc11.4 million (£38,0001
General election candidates: 50 times the monthly national minimum wage - Esc2.85 million (£9,500)
Regional (Maderira and Azores) election candidates: 25 times the monthly national minimum wage -Esc1.425 million (£4,750)
Local election candidates: a quarter of the monthly national minimum wage - Esc1.4,250 (£47.50)
There are no limits on the expenditure of national political parties during elections, as their expenditure is expected to fall within the limits set for individual candidates.
Spain
Election regulation
The Electoral Commission regulates municipal, regional, national and European elections. At all the various levels it is made up of serving politicians, lawyers and public administrators.
Every political party must present its previous year's accounts to the national Court of Auditors by 30 June. The Court of Auditors then sends a taskforce to each party to check that the accounts are correct and reflect all party income, liabilities assets and expenditure. In this way all donations and expenditure have to be declared.
State aid
There exists a system of state aid for political parties, which can be used for all party expenditure, including electoral expenses and those areas which would be financed by 'Short Money' in the UK.
Each year Parliament sets a budget for the state funding of the parties. One third is then distributed amongst the parties according to how many seats they have in the lower house - the Congress of Deputies. The remaining two thirds is distributed according to each party's share of the popular vote at the last election, but parties which polled less than 3 per cent do not receive this funding.
Political donations
Parties can receive political donations from individuals and companies. Individuals donations may not exceed 10
million pesetas (£40,000) per year and can only be given by Spanish nationals. Spaniards who have dual nationality may not make donations. Companies wishing to donate to parties must have the approval of their shareholders.
These provisions are currently under review, with proposed changes due to be considered during the next session of Parliament. These changes include the raising of the limit on donations to 25 million pesetas (£100,000) and the removal of the requirement on donors to be Spanish nationals.
Expenditure limits
A limit is placed on the amount that a party may spend during an election campaign. Within that ceiling, there are other limits on particular types of expenditure. For example, no more than 25 per cent of the total budget can be used to buy advertising slots on private television and radio stations.
The Netherlands
Regulation of elections
There is no Election Commission or equivalent regulatory body. Election law is enforced by the existing legal system.
State aid
The tradition has been to fund institutions connected to political parties, for example research bodies or youth organisations. This state aid annually costs Dfl8,000,000 (£2,500,000) and is allocated through `ministerial instruction'. A Bill before the First Chamber now proposes for the first time primary legislation to fund political parties directly. The proposed annual subsidy will cost Dfl 10,000,000 (£3,000,000) and will be in addition to the funds raised by the parties themselves. If the Bill is passed funds will be limited - Dfl75,000 (£21,000) for each party with Dfl24,000 (£7,000) for each seat in Parliament.
The funds will not be provided for electioneering purposes. They will only be granted for the following expenditure:
political training and education,
providing information to members,
maintaining contact with foreign sister parties,
supporting training for officials of foreign sister parties,
political research activities,
promotion of political participation by young people.
State aid will only be provided for parties with more than 1,000 paying members with any party able to claim, even if their political views are contentious, unless the party is convicted of a criminal offence. Financial reports will have to be published and relevant papers kept for 10 years, to ensure that state funds have been spent correctly. Applications for state aid will be made prior to the financial year, accompanied by a 'plan of action' and a proposed budget.
Political parties receive funds to help them with their parliamentary duties. This money is usually spent on general administration and research. For each party there is a basic yearly allowance of Dfl 180,000 (£54,000) plus Dfl80,000 (£24.000) for each seat the party holds in Parliament.
Political donations
Donations above Dfl10,000 (£3,000) per year from any organisation or company must be declared and published in the political parties' financial reports. An indication of the type of organisation or company is enough if the donor desires confidentiality. Donations are not limited, and foreign donations are allowed.
Expenditure limits
There are no limits on expenditure, beyond the limitations placed on the spending of state aid.
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