Bans and limits on private income |
Is there a ban on donations from foreign interests to political parties? |
Yes. Only where donation exceeds 2,500 euros.
(Section 3, §6(6)(6) Political Parties Act, 2012, amended 2013) |
Is there a ban on donations from foreign interests to candidates? |
Yes. Only where donation exceeds 2,500 euros.
(Section 3, §6(9) Political Parties Act, 2012, amended 2013) |
Is there a ban on corporate donations to political parties? |
Yes. Only where donation exceeds 2,500 euros or where the entity obviously wants to channel donation exceeding 1000 Euros from an anonymous donor. The provisions specify that donations above 2,500 Euro for natural and legal persons are banned. This includes corporations. This is made clear in §6(3)(2) which states that the financial report should include information on "total amount of donations received from natural and legal persons registered in the companies register,"
(Section 3 § 6(6)(7), 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013 ) |
Is there a ban on corporate donations to candidates? |
Yes. Only where donation exceeds 2,500 euroes or where the entity obviously wants to channel donation exceeding 1000 Euros from an anonymous donor. The provisions specify that donations above 2,500 Euro for natural and legal persons are banned. This includes corporations. This is made clear in §6(3)(2) which states that the financial report should include information on "total amount of donations received from natural and legal persons registered in the companies register,"
(Section 3 § 6(6)(7), 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013 ) |
Is there a ban on donations from corporations with government contracts to political parties? |
No. Absent from legal framework.
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Is there a ban on donations from corporations of partial government ownership to political parties? |
Yes. Where the public sectior holds a share of at least 25% in the undertaking or insitution.
(Section 3 § 6(6)(5) Political Parties Act, 2012, amended 2013) |
Is there a ban on donations from corporations with government contracts to candidates? |
No. Absent from legal framework.
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Is there a ban on donations from corporations of partial government ownership to candidates? |
Yes. Where the public sectior holds a share of at least 25% in the undertaking or insitution.
(Section 3 § 6(6)(5) & 6(6)(9) Political Parties Act, 2012, amended 2013) |
Is there a ban on donations from Trade Unions to political parties? |
No. Subsidies from Trade Unions are explicitly excluded from the definition of "donation".
(Section 1 §2(5)(f) Political Parties Act, 2012, amended 2013) |
Is there a ban on donations from Trade Unions to candidates? |
No. Subsidies from Trade Unions are explicitly excluded from the definition of "donation"
(Section 1 §2(5)(f) Political Parties Act, 2012, amended 2013) |
Is there a ban on anonymous donations to political parties? |
Yes. Only where donation exceeds 1,000 euros in an individual case.
(Section 3, §6(6)(8) Political Parties Act, 2012, amended 2013) |
Is there a ban on anonymous donations to candidates? |
Yes. Only where donation exceeds 1,000 euros in an individual case.
(Section 3 § 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013) |
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? |
Yes. (6) Political parties shall not accept donations from:
1. parliamentary groups as referred to in the Parliamentary Groups Funding Act 1985 (Klubfinanzierungsgesetz 1985), Federal Law Gazette No. 156, and provincial parliamentary groups,
2. legal entities as referred to in § 1 para 2 of the Journalism Subsidies Act 1984 (Publizistikförderungsgesetz 1984), Federal Law Gazette No. 369, and educational institutions of the parties subsidised by provinces,
3. bodies corporate under public law,
(Section 3 §6(6)(1) - (3) Political Parties Act, 2012, amended 2013) |
Is there a ban on any other form of donation? |
Yes. Not-for-profit Institutions serving the support of grassroots sport, donors who noticeably want to forward a donation by an unnamed third party (if above €1,000), donors who want to grant to the party a donation, noticeably in expectation of or in return for a certain commercial or legal advantage, and donors who want to solicit donations for a party in return for remuneration to be paid by that party.
(Section 3 §6(6) Political Parties Act, 2012, amended 2013) |
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? |
No. Law does not appear to differentiate between election/ non-election periods.
(Section 3 §6 Political Parties Act, 2012, amended 2013) |
Is there a limit on the amount a donor can contribute to a political party in relation to an election? |
No. "Every political party can accept donations (§ 2 subpara 5) in accordance with the following provisions..." (No limits placed on donations to parties, only reporting requirements).
(Section 3 §6(1) Political Parties Act, 2012, amended 2013) |
Is there a limit on the amount a donor can contribute to a candidate? |
No. No limits placed on donations to candidates, only reporting requirements.
(Section 3 §6 Political Parties Act, 2012, amended 2013) |
Eligibility criteria for direct public funding to political parties: Share of votes in previous election |
Yes. Art 1.2-3, "(2) […] After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year. Such political parties shall receive an amount of 2.5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election."
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Eligibility criteria for direct public funding to political parties: Representation in elected body |
Yes. Art 1.2-3, "(2) […] After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year. Such political parties shall receive an amount of 2.5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election."
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Eligibility criteria for direct public funding to political parties: Participation in election |
No. Absent from legal framework.
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Eligibility criteria for direct public funding to political parties: Number of candidates |
No. Absent from legal framework.
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Eligibility criteria for direct public funding to political parties: Share of seats in previous election |
Yes. Art 1.2-3, "(2) The subsidies by the federation shall be calculated by multiplying the number of persons eligible to vote in elections for the National Council by an amount of 4.6 euros. The subsidies shall be granted to the individual political parties in the following manner: 1. Every political party represented in the National Council that has at least five members of parliament (the minimum required for the formation of a parliamentary group as referred to in § 7 of the Rules of Procedure Law of 1975 [Geschäftsordnungsgesetz 1975], Federal Law Gazette No. 410/1975) shall receive a basic subsidy in the amount of 218,000 euros;
(§ 1.2-3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Eligibility criteria for direct public funding to political parties: Share of votes in next election |
No. Absent from legal framework.
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Eligibility criteria for direct public funding to political parties: Registration as a political party |
No. Absent from legal framework.
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Eligibility criteria for direct public funding to political parties: Share of seats in next election |
No. Absent from legal framework.
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Eligibility criteria for direct public funding to political parties: Number of members |
No. Absent from legal framework.
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Eligibility criteria for direct public funding to political parties: Other |
Yes. Art 2.1 "Every political party that is represented by members of parliament in the European Parliament after an election for the European Parliament shall be entitled to federal subsidies after the election in accordance with the following provisions"
(§ 2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Allocation calculations for direct public funding to political parties: Proportional to votes received |
Yes. 2. After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election.
(§ 1.2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Allocation calculations for direct public funding to political parties: Equal |
Yes. 1. Every political party represented in the National Council that has at least five members of parliament (the minimum required for the formation of a parliamentary group as referred to in § 7 of the Rules of Procedure Law of 1975 [Geschäftsordnungsgesetz 1975], Federal Law Gazette No. 410/1975) shall receive a basic subsidy in the amount of 218,000 euros;
(§ 1.2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Allocation calculations for direct public funding to political parties: Proportional to seats received |
No. Absent from legal framework.
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Allocation calculations for direct public funding to political parties: Flat rate by votes received |
Yes. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year. Such political parties shall receive an amount of 2.5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election."
(§ 1.3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No. 57/2012) |
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed |
No. Absent from legal framework.
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Allocation calculations for direct public funding to political parties: Proportional to candidates fielded |
No. Absent from legal framework.
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Allocation calculations for direct public funding to political parties: Number of members |
No. Absent from legal framework.
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Allocation calculations for direct public funding to political parties: Other |
No. Absent from legal framework.
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Earmarking provisions for direct public funding to political parties: Campaign spending |
Yes. 4. Every political party may expend a maximum of 7 million euros for election campaigning between the qualifying date for the election and the day of the election for a general representative body or the European Parliament. If the same list of candidates is supported by two or more political parties, the maximum amount shall apply to the aggregated expenses of those parties
(Section 2, §4(1) Political Parties Act, 2012, amended 2013) |
Earmarking provisions for direct public funding to political parties: Ongoing party activities |
No. Absent from legal framework.
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Earmarking provisions for direct public funding to political parties: Intra-party institution |
No. Absent from legal framework.
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Earmarking provisions for direct public funding to political parties: Other |
No. Absent from legal framework.
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Allocation criteria for free or subsidized access to media for political parties: Equal |
No. Absent from legal framework.
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Allocation criteria for free or subsidized access to media for political parties: Number of candidates |
No. Absent from legal framework.
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Allocation criteria for free or subsidized access to media for political parties: Share of seats |
No. Absent from legal framework.
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Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election |
No. Absent from legal framework.
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Allocation criteria for free or subsidized access to media for political parties: Other |
No. Absent from legal framework.
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Are there provisions for free or subsidized access to media for candidates? |
No. Absent from legal framework.
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Provisions for any other form of indirect public funding: Premises for campaign meetings |
No. Absent from legal framework.
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Provisions for any other form of indirect public funding: Space for campaign materials |
No. Absent from legal framework.
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Provisions for any other form of indirect public funding: Tax relief |
No. Absent from legal framework.
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Provisions for any other form of indirect public funding: Free or subsidised transport |
No. Absent from legal framework.
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Provisions for any other form of indirect public funding: Free or subsidised postage cost |
No. Absent from legal framework.
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Provisions for any other form of indirect public funding: Other |
Yes. Funding provided to party affiliated institutes.
(GRECO (2011) Evaluation Report on Austria, Transparency of Political Party Funding (Theme II). Greco Third Evaluation Report, Strasbourg 9 December 2011) |
Is the provision of direct public funding to political parties related to gender equality among candidates? |
No. Absent from legal framework.
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Are there provisions for other financial advantages to encourage gender equality in political parties? |
No. Absent from legal framework.
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Is there a ban on vote buying? |
Yes. Vote buying and selling is punishable with imprisonment of up to 1 year.
(§ 265 StGB Bestechung bei einer Wahl oder Volksabstimmung, amended 2015 [Penal Code bribery in an election or referendum]) |
Are there bans on state resources being used in favour or against a political party or candidate? |
No. Absent from legal framework.
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Are there limits on the amount a political party can spend? |
Yes. 7 million euros per party. If the same list of candidates is supported by two or more political parties, the maximum amount shall apply to the aggregated expenses of those parties.
(Section 2, §4(1) Political Parties Act, 2012, amended 2013) |
Are there limits on the amount a candidate can spend? |
Yes. The total campaign expenditure limit of political parties is 7 million euro. In this, all individual candidates' campaign expenditures are included, which means that the theoretical spending limit of a candidate is 7 million euro. If, however, a candidate spends 15,000 euros or less, this will not count toward the party's limit.
(Section 2, §4(1) Political Parties Act, 2012, amended 2013) |
Reporting, oversight and sanctions |
Do political parties have to report regularly on their finances? |
Yes. Section 3 §5(1) Every political party shall annually render public account of the type of its income and expenses by way of a statement of accounts.
(Section 3 §5(1) Political Parties Act, 2012, amended 2013) |
Do political parties have to report on their finances in relation to election campaigns? |
Yes. The expenses should be captured in the annual accounts (although the expenses may crossover two or more accounting periods). Expenses required in the annual accounts include public relations activites, events, vehicles and travel. It is likely that election expenditure would thus be captured. Also Section 3 §5(3) states that 'Proof with regard to the restriction on campaign expenses (§ 4 para 1) shall be presented in a separate section in the statement of accounts referring to the election year. More extensive accountability regulated in provincial laws shall remain unaffected.' Section 2 §4(2) lists the various expenses for election campaigning to which the provision above refers to which includes advertising, communications and personnel.
(Section 2 §4(2) and 3 §5(3) Political Parties Act, 2012, amended 2013) |
Do candidates have to report on their campaign finances? |
Yes. Candidates are required to provide details of expenses to the party which are then published in the party accounts. Section 3 §5(7) states that 'Every political party shall submit the statement of accounts including lists of donations, sponsorships and advertisements and a list of the undertakings in which shares are held as referred to in para 6 to the Court of Audit by 30 September of the following year. For that purpose, affiliated organisations and branches of the party that have their own legal personality as well as members of parliament and candidates who stood for elections on a list of candidates submitted by the political party shall submit to the political party the complete and correct details required for the lists of donations, sponsorships and advertisements'.
(Section 3 §5(7) Political Parties Act, 2012, amended 2013) |
Is information in reports from political parties and/or candidates to be made public? |
Yes. Section 4 §10(3) states that 'If the Court of Audit determines that the statement of accounts meets the requirements (§ 5), the statement of accounts including the lists of donations, sponsorships and advertisements, and the list of undertakings in which shares are held as referred to in § 5 para 6, and the volume of the legal transactions entered into by such undertakings with institutions subject to the supervision of the Court of Audit in the reporting year shall be published, separated according to the individual parties and undertakings, on the website of the Court of Audit and the website of the political party.'
(Section 4 §10(4) Political Parties Act, 2012, amended 2013) |
Must reports from political parties and/or candidates reveal the identity of donors? |
Yes. Section 3 §(6)(4) Donations whose total amount exceeds the amount of 3,500 euros in a calendar year (accounting year), including the name and address of the donor, shall be stated. Donations to federal, provincial and district organisations shall be aggregated. §(6)(5) Donations exceeding the amount of 50,000 euros in an individual case shall be immediately reported to the Court of Audit. The Court of Audit shall immediately publish the donations, including the name and address of the donor, on its website."
(Section 3 §6(4) & (5) Political Parties Act, 2012, amended 2013) |
Institutions receiving financial reports from political parties and/or candidates: Electoral Management Board |
No. Absent from legal framework.
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Institutions receiving financial reports from political parties and/or candidates: Auditing agency |
Yes. The Court of Audit receives reports from political parties. "Every political party shall submit the statement of accounts including lists of donations, sponsorships and advertisements and a list of the undertakings in which shares are held as referred to in para 6 to the Court of Audit by 30 September of the following year..."
(Section 3 §5(7) Political Parties Act, 2012, amended 2013) |
Institutions receiving financial reports from political parties and/or candidates: Ministry |
No. Absent from legal framework.
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Institutions receiving financial reports from political parties and/or candidates: Special institution |
No. Absent from legal framework.
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Institutions receiving financial reports from political parties and/or candidates: Court |
No. Absent from legal framework.
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Institutions receiving financial reports from political parties and/or candidates: Other |
No. Absent from legal framework.
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Institution responsible for examining financial reports and/or investigating violations: Court |
No. Absent from legal framework.
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Institution responsible for examining financial reports and/or investigating violations: Ministry |
No. Absent from legal framework.
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Institution responsible for examining financial reports and/or investigating violations: Auditing agency |
Yes. The Court of Audit is responsible. §10(1), "The statement of accounts to be prepared by a political party (§ 5) shall also be subject to the supervision of the Court of Audit."
(Section 4 §10(1) Political Parties Act, 2012, amended 2013) |
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body |
No. Absent from legal framework.
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Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose |
No. Absent from legal framework.
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Institution responsible for examining financial reports and/or investigating violations: Other |
No. Absent from legal framework.
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Institutions with a formal role in political finance oversight: Court |
No. Absent from legal framework.
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Institutions with a formal role in political finance oversight: Ministry |
No. Absent from legal framework.
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Institutions with a formal role in political finance oversight: Auditing agency |
Yes. The Court of Audit shall verify the numerical correctness of the statement of accounts and its conformity with this Federal Act
(Section 4 §10(2) Political Parties Act, 2012, amended 2013) |
Institutions with a formal role in political finance oversight: EMB |
No. Absent from legal framework.
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Institutions with a formal role in political finance oversight: Institution for this purpose |
No. Absent from legal framework.
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Institutions with a formal role in political finance oversight: Other |
Yes. The " Independent Political Parties Transparency Panel" imposes penalties for political finance violations, based on documents submitted by the Court of Accounts.
(Section 4, §11(1) Political Parties Act, 2012, amended 2013) |
Sanctions for political finance infractions: Fines |
Yes. The Independent Political Parties Transparency Panel shall impose a monetary penalty on a political party by way of an administrative decision on the basis of a notification made by the Court of Audit. (2) Any person who 1. does not state a donation contrary to § 6 para 4, or 2. accepts a donation and does not report such a donation contrary to § 6 para 5, or 3. accepts a donation contrary to § 6 para 7 and does not forward such a donation, or 4. breaks down a received donation into partial amounts to circumvent § 6 para 4, 5 or 6 subpara 9 and books such partial amounts to the accounts or has them booked to the accounts, commits an administrative offence and shall be punished with a fine of up to 20,000 euros. [...] (4) A person who, as the authorised agent responsible for the conformity of the declarations made with the requirements in respect of accountability, intentionally provides incorrect information for the statement of accounts, commits an administrative offence and shall be punished with a fine of up to 10,000 euros.
(Section 4, §12(1) - 12(4) Political Parties Act, 2012, amended 2013) |
Sanctions for political finance infractions: Loss of public funding |
No. Absent from legal framework.
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Sanctions for political finance infractions: Penal/Criminal |
No. Absent from legal framework.
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Sanctions for political finance infractions: Forfeiture |
Yes. If a member of parliament or a candidate who stood for elections on a list of candidates submitted by a political party (§ 6 para 9) has not stated a donation in violation of § 6 para 4 or has accepted and not reported a donation contrary to § 6 para 5 or has accepted and not forwarded a donation in violation of § 6 para 7, the decision shall also order the forfeiture of a monetary amount corresponding to the amount of the relevant donation.
(Section 4 §12(3) Political Parties Act, 2012, amended 2013) |
Sanctions for political finance infractions: Deregistration of party |
No. Absent from legal framework.
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Sanctions for political finance infractions: Loss of elected office |
No. Absent from legal framework.
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Sanctions for political finance infractions: Suspension of political party |
No. Absent from legal framework.
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Sanctions for political finance infractions: Loss of nomination of candidate |
No. Absent from legal framework.
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Sanctions for political finance infractions: Loss of political rights |
No. Absent from legal framework.
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Sanctions for political finance infractions: Other |
No. Absent from legal framework.
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