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Argentina

In law
91
In practice
60

Argentina has a fairly sophisticated legal framework in place to govern the role of money during elections. In practice, parties receive the direct and indirect public funding to which they are due in law. In spite of clear prohibitions on their use in campaigns, non-financial state resources, including staff, were frequently deployed by the ruling party for electoral purposes during the 2013 campaign. The legal framework includes many restrictions on contribution and expenditure, but the MPT evidence suggests that all national parties violated political finance laws during the 2013 elections. Parties are required to report on their finances somewhat regularly, but in practice, filed reports often fail to include a full list of contributors. All legal entities, including third party actors, are legally prohibited from engaging in electoral activities. Nevertheless, in practice, some activity occurs, and experts express concerns about the influence of organized crime syndicates during campaigns. The National Electoral Justice is the authority in charge of regulating political finance, and is widely recognized as independent and active. The NEJ carries out investigations and punishes violators, but since the sanctions spelled out in law are weak, parties continue to engage in political finance violations. In spite of its strong regulatory framework, Argentina's practical enforcement mechanisms are dogged by deficits of capacity and capability.

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    Direct and Indirect Public Funding

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      Direct Public Funding
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        1
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        YES
        In law, there is direct public funding for electoral campaigns.More about indicator

        The Argentinian Constitution establishes the State must contribute to the economical maintenance of the parties, their activities, and the training of their leaders (Article 38). This implies parties receive public funding through a regular amount of money yearly, and a special fund is provided for election campaigns when they occur. Individual candidates are not allowed to participate in elections, only through political parties. In this sense, funding for individual candidates is not allowed, and parties are the only actor allowed to receive funds and report for their expenses.

        Following this premise, Law 26215, Political Parties Financing establishes: “Article 5 – Public financing. The State contributes to the normal functioning of political parties recognized under the conditions established in this law. With these contributions political parties can do the following activities: a) Institutional development; b) Political training; c) Primary and general elections campaigns.”

        The Argentinian national electoral system presents three different direct elections: presidential and two houses (Representatives or Diputados, and Senators). These elections take place at the same time once every four years, as when the president is elected, half of the Representatives and a third of the Senators are elected as well. The other half of the Representatives and a third of the Senators are elected separately, every two years. The law 26571 establishes two different kinds of elections (Article 19). The first one, the Primary, Open, Simultaneous and mandatory elections (PASO), in which parties present their pre candidates, and the second one, the general elections. Each of these categories holds special rules and receives specific funding:

        “Law 26215, Article 34: Campaign contributions. National Administration General Budget Law must define the amount to be distributed for extraordinary funds for electoral campaigns. For years when presidential elections are held, the law must define three different consignments: one for the presidential election, and the financing of the potential second round according to this law; the second one for the Senators’ election; and the third one for Representatives’ election. For years in which only legislative elections occur, only the last two consignments must be defined. In the same way, it must define analogous consignments for each category to be elected, for extraordinary funds for electoral campaigns of primary elections, being these the 50% of the amount defined for general elections.” This implies State must provide funds, but it does not determine in which amount or percentage, or any specific criteria to determine that amount.

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources

        Argentinian Constitution, Article 38, 1994, http://infoleg.mecon.gov.ar/infolegInternet/anexos/0-4999/804/norma.htm

        Law 26215, political parties financing, Articles 4, 5, 34, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 26571, democratization of political representation, transparency and electoral equity, Article 19, 2009, http://infoleg.mecon.gov.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

        Law 23298, Political parties, 1985, Article 2, http://www.infoleg.gob.ar/infolegInternet/anexos/20000-24999/23893/texact.htm

        Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, Out of period, Complementary source, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

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        YES
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        Law 26215 establishes the criteria both for regular activities of parties and for electoral campaigns. All parties formally constituted and presenting candidates for elections are eligible to receive these funds. They are distributed following this criteria:

        1. For electoral campaigns: Eligibility criteria: All parties formally presenting candidates for elections are eligible to receive these funds. The funds are distributed according to the following criteria: The annual national budget establishes the amount destined to extraordinary public funds for electoral campaigns (Article 34). There are no specific requirements for the decision making process for this funds, just the standard budget definition process. This means the government, with approval of the Congress, can reduce or increase these funds according to its discretion. The budget must define three different consignments for each of the elections being held: one for the presidential election and the potential second round, one for the Senators’ election, and one for the Representatives’ election. It also establishes 50% of that amount for the Primary Elections. They are distributed, both for the primary and for the general elections, according to the following criteria (Article 36):
        • For presidential elections: a) 50% equally; b) 50% distributed between the 24 districts, proportionally to the amount of electors, and then proportionally to the parties according to the amounts of votes received in the last election (Article 36). In case of a second round, the Law establishes participant parties receive 30% of the biggest amount received by them in the first round (Article 42).

        • For Representatives’ elections: 100% of the funds are distributed between the 24 districts, proportionally to the amount of electors. Then, 50% equally between all lists presented, and 50% to parties according to votes received in the previous election (Article 36).

        • For Senator’s elections: 100% of the funds are distributed between the 8 districts proportionally to the electors in each. Then, 50% is distributed equally between lists, and the other 50% between each party according to the amounts of votes received in the previous election (Article 36).

        • 80% of the funds go to district parties, while 20% go to national organisms (Article 38).

        • Public funds must be available for the parties 10 days after the approval of the participant lists of candidates (Article 41).

        The Minister of the Interior has to publish the list of amounts corresponding to each category (Article 36). Apart from those funds, the Law sets up a special consignment for each party for the printing of 1,5 electoral ballots for each elector (Article 35). This fund is relevant as each party is in charge of printing its own ballots.

        1. For regular activities: The law establishes a Permanent Partidary Fund (Article 6), which is administrated by the Minister of the Interior, depending on the Executive Branch. This amount is established every year mainly by the national budget. 20% of that fund is destignated to extraordinary contributions for non electoral expenses (Article 7), and to finance parties created after the annual distribution of funds. There is no specific criteria for the distribution of this portion of the funds, so it depends on the decision of the authorities of the National Electoral Direction.

        During the first month of each year the Minister of the Interior has the obligation to publicize the final amount destined to the Permanent Party Fund (Article 8). The law establishes these funds are destined for permanent development of the party, but it does not specify they cannot be used for electoral campaigns. So as they become part of the party’s patrimony, they can be used for electoral purposes, if they respect the restriction imposed: 20% of those funds must be used for training.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Articles 4 – 8, 34 - 36, 38, 41, 42, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Jurisprudence, National Electoral Chamber, Veredict 4174/2009, on unequal distribution of 20% of funds, ARI vs. Ministry of Interior, 2009, http://www.ambito.com/diario/awdocumentos/archivospdf/2005/iddoc_5124.pdf

        Complementary source: Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

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        Score
        100
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        Even though the law 26215 establishes the consignments for the funding or political campaigns must be established by the National Budget Law (Article 34), this does not occur in practice. The National Budget only includes a general amount for electoral processes (Law 26 784), and these consignments are established by a resolution of the Minister of the Interior, a few months before the elections. In 2013, this resolution was approved just a month before the beginning of the primary elections electoral campaign (Resolution 594/2013). This means parties must wait for the resolution of the Minister, instead of finding a clear definition included in the National Budget Law.

        However, once the Minister defines this amount, funds are always distributed according to the defined criteria clearly established by the law. This means the legal calculation mechanism is followed, but due to the complexity of the formula defined by law, it is not simple for parties to determine how much they will receive. Despite this obstacle, parties wait until the publication of the amounts, and there are no registered cases of complaints around this issue. These resolutions are published, both through the daily official bulletin and through the National Electoral Direction’s official website.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources

        Alejandro Tullio, National Electoral Director, 25/07/2014, Buenos Aires City.

        Maricel Etchecoin, General Audit of the City of Buenos Aires, 16/07/2014, Buenos Aires City.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires City.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, Buenos Aires City.

        Government will distribute 72 millions of pesos for the elections, La Política Online, 28/06/2013, http://www.lapoliticaonline.com/nota/nota-91900/

        Government established the amounts for the campaign fund for PASO and Legislative elections Telam 28/06/2013 http://www.telam.com.ar/notas/201306/22884-el-gobierno-establecio-los-montos-para-el-aporte-de-campana-de-las-paso-y-las-legislativas.html

        How much money will be distributed among parties for the campaign?, Infobae 28/06/2013 http://www.infobae.com/2013/06/28/717572-cuanto-dinero-repartira-el-gobierno-los-partidos-la-campana-politica

        Law 26215, political parties financing, Article 34, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        National Budget Decree 2053/2010 http://www.mecon.gov.ar/onp/html/presutexto/ley2011/jurent/pdf/D11J30.pdf

        National Budget Law 26 784 http://www.mecon.gov.ar/onp/html/presutexto/ley2013/jurent/pdf/D13J30.pdf

        Official Bulletin, Resolution 594/2013, Determination of electoral campaign consignments, for primary and general elections, http://www.boletinoficial.gov.ar/Inicio/Index.castle?s=01&idAviso=4454717&IdRubro=1715&f=20130628

        Minister of the Interior, Resolution 594/2013, Determination of electoral campaign consignments, for primary and general elections, http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/216836/norma.htm

        Minister of the Interior, Resolution 113/2013, Amounts of electoral campaign consignments for each district, http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/217083/norma.htm

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        100
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        The National Electoral Directorate, dependant of the Minister of the Interior, is the organism in charge of distributing the funds according to the criteria established in Law 26 215. All information related to distribution and disbursement of electoral funds is published on its official website: www.elecciones.gov.ar. This includes: - Regulations regarding political campaigns and its financing - Global amounts defined for each category for each election - Specific amounts distributed to each party for each category and each election - Specific amounts distributed to each party for the printing of ballots

        Regulations and global amounts are also published in the official bulletin, which appears daily and reflects all the legislation approved and decisions made by the Executive Power. As regards the specific amounts, the National Electoral Directorate publishes them within 48 hours of the distribution of funds to the parties.

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

        Official Website, National Electoral Direction, www.elecciones.gov.ar; information around amounts for campaign and ballots, accessed August 2014. http://www.elecciones.gov.ar/articuloprinc.php?secc=25&subsecc=0#.U8vZAJR5OSo;

        Official Website, National Electoral Direction, amounts for each party, for Representatives election, 2013, accessed August 2014. http://www.elecciones.gov.ar/financiamiento/archivos/asignacionaportecampaniadiputadosnac_2013.pdf

        Official Website, National Electoral Direction, amounts for each party, Senators elections 2013, accessed August 2014. http://www.elecciones.gov.ar/financiamiento/archivos/asignacionaportecampaniasenadoresnac_2013.pdf

        Official Website, National Electoral Direction, regulations, accessed August 2014. http://www.elecciones.gov.ar/regulaciones-aplicables2012-2011.php#.U8vlYpR5OSo

        Official Website, National Electoral Direction, political financing information, accessed August 2014. http://www.elecciones.gov.ar/notahome.php?idnota=23#.U8vl8ZR5OSq

        Official Bulletin, Resolution 594/2013, Determination of electoral campaign consignments, for primary and general elections, http://www.boletinoficial.gov.ar/Inicio/Index.castle?s=01&idAviso=4454717&IdRubro=1715&f=20130628

        "Government will distribute 72 millions of pesos for the elections," La Política Online, 28/06/2013, http://www.lapoliticaonline.com/nota/nota-91900/

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      Indirect Public Funding
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        5
        Score
        YES
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        Neither National Electoral Code nor political parties financing law refer explicitly to the use of state resources for political campaigns. The only specific restriction refers to the publicity of the governmental official acts: “National Electoral Code, Article 64 – During electoral campaigns, the publicity of the public official acts cannot include elements promoting, expressly, the voting in favor of any of the candidates. It is prohibited, fifteen days before the celebration of the primary and general elections, to hold public openings, to launch or promote new governmental plans, projects or collective programs, and, in general, to hold any governmental act which could promote the voting in favor of any of the candidates.”

        Even though these laws do not have any other referrals, the Penal Code establishes the crime of embezzlement or misappropriation of public funds: Law 11.179, Article 260: “Shall be punished with disqualification of one month to three years, the public officer who gives the funds or properties that administers a different application than the one to which they would be allocated. If that proves damage or obstruction of service for which they would be, shall be fined in addition twenty to fifty percent of distracted amount.” As there are no laws allowing the use of state properties for electoral campaign (apart from those specifically permitted by Laws 26 215 and National Electoral Code), any improper use falls under the category of embezzlement.

        Moreover, the Public Ethics Law 25188 establishes a clear restriction for use of state resources for private purposes by imposing the following obligations to public officers (Article 2): - to protect and preserve property of the State and only use it with authorized purposes. To abstain to use information acquired in the official duty for activities not related to their official activities, or to permit its use in benefit of private purposes. - To abstain to use the facilities and services of the State for its own private benefit or for its relatives, acquaintances or people outside the public duty, to promote or support any product, service or business.

        Even though these articles do not specifically refer to electoral activities, electoral activies are interpreted as private purposes (and not authorized purposes), therefore, the use of state resources for or against a political party would also be prohibited.

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources

        Law 19 945, National Electoral Code, Article 64, 1983, http://www.infoleg.gob.ar/infolegInternet/anexos/15000-19999/19442/texact.htm

        National Penal Code, Law 11 179, Article 260, 1984, http://www.infoleg.gov.ar/infolegInternet/anexos/15000-19999/16546/texact.htm

        Law 25 188, Public Ethics, Article 2, 1999, http://www.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60847/texact.htm

        Law 26215, political parties financing, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Delia Ferreira Rubio, Transparency International Board, Member / Academic, legal expert, 28/07/2014 Buenos Aires City.

        Hernán Goncalves Figuereido, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, Buenos Aires City, Personal.

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        0
        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        Plenty of evidence can be found around the use of state resources in favor of or against political parties' electoral campaigns. This practice is common in Argentina, and it involves the misuse of a wide range of resources, such as official advertisement, cars and planes, nationwide address to promote electoral acts, state media, and even the use of official employees for electoral purposes. The NGO Poder Ciudadano promoted in 2013 a campaign called “Play fair with democracy”, urging national and sub national governments to stop using state resources in their own electoral benefit.

        As regards the official advertisement, the impact of its misuse is deepened by the restrictions imposed by the Law 26215. This established the prohibition for parties to pay or contract spaces on television and radio for electoral purposes (Article 43). The State provides free access to the media for campaigns, which is a good measure which intends to promote equity in the electoral field. Nevertheless, this is counteracted by the nonexistence of regulations regarding official advertisement. The government is frequently accused of using it as a tool to pressure on media, and to design its contents to promote vote in favor of the party in government. The NGO ADC promoted a lawsuit asking for the prohibition of the use of official advertisement during electoral campaigns, as it attempts equity of the competition. The National Electoral Chamber denied this claim, but also urged the state to regulate the use of these advertisements.

        The use of nationwide address (called in Argentina National Chain, when the president addresses the nation through all the national television and radio networks) has also been very criticized. Diputada Margarita Stolbizer imposed a legal action in 2013 for the prohibition of its use during electoral periods. Though this action was not successful, it shows how it affects political contenders.

        Article 64 of National Electoral Code is also usually violated. This establishes: “National Electoral Code, Article 64 – During electoral campaign, the publicity of the public official acts cannot include elements promoting, expressly, the voting in favor of any of the candidates. It is prohibited, fifteen days before the celebration of the primary and general elections, to hold public openings, to launch or promote new governmental plans, projects or collective programs, and, in general, to hold any governmental act which could promote the voting in favor of any of the candidates.” Public officers, including the President, have been repeatedly accused of violating this restriction, by celebrating public acts and launching new programs during the electoral ban period.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources

        Pilar Goldman, Institute of Studies for a new Generation (IGEN), member of GEN party, Training responsible, 21/07/2014, CABA.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

        News article, El Litoral, Pulic acts and electoral campaign, 28/07/2013, http://www.ellitoral.com/index.php/diarios/2013/07/28/opinion/OPIN-01.html

        News article, Clarín: Excessive use of public advertising during campaign, 09/08/2013, http://us5.campaign-archive2.com/?u=4d6e05ed8467969cb4ffcd048&id=35444ad785

        News article, Cadena3.com, Using the official nationwide address in campaign would be illegal, 24/07/2013, http://www.cadena3.com/contenido/2013/07/24/116553.asp?titulo=Senalan-que-es-ilegal-usar-cadena-nacional-en-campana

        News article, La Prensa, Stolbizer asked to prohibit the use of official nationwide address during campaing , 31/07/2013, http://www.laprensa.com.ar/410798-Stolbizer-pidio-que-se-prohiba-el-uso-de-la-cadena-nacional-durante-la-campana.note.aspx

        News article, Mariano Obarrio, Electoral use of a picture of the Pope, Cristina Kirchner and Insaurralde, La Nación, 01/08/2013, http://www.lanacion.com.ar/1606362-uso-electoral-de-una-foto-del-papa-con-la-presidenta-e-insaurralde

        News article, Eleonora Rabinovich, Official advertising and other ways of bending the electoral field, La Nación, 02/08/2013 , http://www.lanacion.com.ar/1606763-la-publicidad-oficial-y-otras-formas-de-inclinar-la-cancha-electoral

        News article, El Cronista, Complaints about abuse of official advertising increase, 01/08/2013, http://www.cronista.com/controlremoto/Crecen-los-reclamos-por-el-abuso-de-publicidad-K-en-diarios-TV-e-internet-20130806-0043.html

        News article, Agensur.info, Electoral ban: Poder Ciudadano asks the governments for more democratic behavior, 01/08/2013, http://www.agensur.info/2013/08/veda-electoral-poder-ciudadano-pide-un.html

        News article, Clarín, Poder Ciudadano launched a campaign against the use of State Resources for electoral purposes, 05/08/2013, http://www.clarin.com/politica/Poder-Ciudadano-Campana-electoral-publicos0968903484.html

        News article, Clarín, Cristina denounced for violating the electoral ban, 01/08/2013, http://www.clarin.com/politica/Denunciaron-Cristina-violar-inaugurar-campana0966503662.html

        News article, Perfil, Prosecutor Di Lello investigates Cristina's public acts during electoral ban, 02/08/2013, http://www.perfil.com/politica/El-fiscal-Di-Lello-pide-investigar-a-CFK-por-los-actos-de-campaa-en-plena-veda-20130802-0024.html

        News article, La Voz, In campaign, Cristina challenges the denounces for violating the electoral ban, 04/08/2013, http://www.lavoz.com.ar/noticias/politica/campana-cristina-desafio-denuncias-violar-veda

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        7
        Score
        YES
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        The law 26 571, sanctioned in the year 2009 establishes free access for parties to promote their candidates in audiovisual media (television and radio) through an objective system of determination based on the combination of the principles of equality and proportionality. It also establishes the prohibition of contracting private spaces in these types of media:

        “ARTICLE 43 -. Spaces in television broadcasting stations and radio. Spaces of election advertising in radio stations, open television networks or subscription broadcasting, will be distributed exclusively by the National Electoral Direction, dependent of the Ministry of Interior, for all political parties with approved lists of candidates for public office, to spread their campaign messages. Political parties and candidates formalized by them, at no time may hire or acquire, by themselves or by third person spaces in any form of radio or television to promote electoral purposes. Furthermore, radio or television broadcasters may not broadcast any election advertising than the distributed and licensed by the Ministry of Interior. In case of second round, it will be assigned to each of the formulas fifty percent (50%) of the spaces assigned to party who received the most in the first round.”

        The law establishes that the National Electoral Direction must ask the Federal Authority of Audiovisual Communication Services (AFSCA) to list all radio and television media, in order to distribute the spaces (Article 43). Communication services are forced by law 26522 to give ten percent (10%) of the total programming time for electoral purposes. (Article 43 quáter). These spaces are distributed according to the following criteria, established in Article 43: - 50% equally, between all political parties participating in the election. - 50% proportionally, according to votes obtained in the last Representatives' Election.

        The distribution of time and media assigned to each party is determined by public raffle (Article 43, septies). The law also guarantees rotation for the parties in each hour, and at least two times a week in prime time.

        The costs of production of the pieces of publicity are on the expenses of each party (Article 43 octies). The law does not provide specific funds for this expense.

        The National Electoral Direction also established through an interim resolution that the list of media must be published and parties have ten days to check them and make suggestions around the inclusion or exclusion of any media (Resolution 99/2013).

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Articles 43, 43 quáter, 43 sexies, 43 septies, 43 octies, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 26522, AUDIOVISUAL COMMUNICATION SERVICES, 2009, http://www.infoleg.gob.ar/infolegInternet/verNorma.do;jsessionid=200A5C80CEB842080748C23F7B8FDE54?id=158649

        National Electoral Direction, Resolution 99/2013, National media for electoral campaign, http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/216524/norma.htm

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        8
        Score
        100
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        The criteria established by Law 26215 (Article 43) for distribution of free airtime on television and radio for political parties during electoral campaigns is consistently applied and there is no evidence of manipulation in favor or against specific parties.

        All information related to this process is published on the official website (http://www.elecciones.gov.ar/). This includes for example, the list of media established by Resolution 99/2013, which is published by district and including all contact information. The raffle in which airtime is distributed is public, and parties’ representatives participate to control and guarantee a fair procedure. In 2011, as being the first time this process was being held, two NGO participated in the raffle, as external monitors (Poder Ciudadano and CIPPEC). Both concluded the process had no irregularities.

        The National Electoral Direction created an online platform to guarantee easy access for parties to information regarding media airtime assigned and its distribution. This allows parties to administrate their media accounts through this platform. The National Electoral Direction also created an online platform for citizens and every actor interested, in which everyone can have free and easy access to this information. Through this platform, everyone can check for example, how much airtime did a party receive, how they used it, when, in which districts, etc.

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

        List of media, by district, 2013, National Electoral Direction official website, accessed August 2014, http://www.elecciones.gov.ar/articuloprinc.php?secc=55&subsecc=0#.U8VS9JSSzKZ

        Online platform for parties, 2013, National Electoral Direction official website, accessed August 2014, http://www.pautas.mininterior.gov.ar/inicio/index.php

        Online platform for citizens, 2013, National Electoral Direction official website, accessed August 2014, http://pautas.mininterior.gov.ar/grillaPublica/alta.php

        News article, El Día, Government established spaces in media for campaign, 18/06/2013, http://www.eldia.com.ar/edis/20130618/El-Gobierno-establecio-asignacion-espacios-medios-para-campanas-20130618123125.htm

        News article, Noticias Judiciales, Public raffle for the distribution of spaces in media for elections 2013, 03/07/2013, http://www.noticiasjudiciales.info/NoticiasdelDia/Sorteoparalaasignaciondeespaciosdepublicidadcorrespondientesalaselecciones2013

        Complementary source, out of period: News article, Terra, CIPPEC said regulations regarding electoral campaign advertisement were well implemented, 27/09/2011, http://noticias.terra.com.ar/elecciones/2011/el-cippec-dijo-que-se-cumplio-la-nueva-normativa-de-publicidad-electoral-en-las-primarias,1242917f4aca2310VgnVCM20000099f154d0RCRD.html

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    Contribution and Expenditure Restrictions

    More about category
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    82
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      General Rules on Electoral Campaign Contributions
      More about category
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        9
        Score
        NO
        In law, cash contributions are banned.More about indicator

        Argentinian law does not ban cash contributions. In fact, these are explicitly allowed. Law 26.215 establishes in Article 44 bis: “Private financing. (…) Contributions from natural persons must be done through bank transfer, checks, cash, internet, or any means which allows the identification of the donor. Those contributions must be endorsed with the pertinent receipt. The final campaign report must inform the identification of people who donated or made or made contributions.“

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        10
        Score
        YES
        In law, there is a ban on anonymous contributions.More about indicator

        Law 26215 bans anonymous contributions to political parties. This applies for every amount donated. There is no threshold under which anonymous donations are allowed, for which every donor must be identified and reported. The Law establishes:

        “Law 26 215, Article 15. – Prohibitions: Political parties can’t accept or receive, directly or indirectly: A) Anonymous contributions or donations. These cannot be imposed with the condition of no exposure or revealing the identity of the donor or contributor.”

        Parties must identify the donors and inform them in their campaign financing reports (Article 44 bis).

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Articles 15 and 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        11
        Score
        YES
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        Law 26215 allows parties to receive in kind donations: “Article 44 bis — Private financing. Every contribution made in money, or considerable in money, that a natural person does to a political party for electoral expenditures is considered private electoral campaign financing. Contributions from natural persons must be done through bank transfer, checks, cash, internet, or any means which allows the identification of the donor. Those contributions must be endorsed with the pertinent receipt. The final campaign report must inform the identification of people who donated or made or made contributions”.

        This implies in kind donations must be reported, as well as cash or any other type of contribution. Article 52 establishes properties and services received for free, or in kind, are considered for the limit of donations and must be reported as any other income. Article 52 establishes: “limits of expenses and donations. Properties and services are calculated in reference to the market value, in reference to the maximum limits of donations and spending.”

        The online platform created by the National Electoral Chamber, for parties to register their donations and expenses for electoral campaigns, includes a specific option to inform if the donation was made in kind.

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Articles 44 bis and 52, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Hernán Goncalves Figuereido, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, CABA, Personal.

        Information, National Electoral Chamber, User's manual for official online platform for uploading parties' financial information , 2013, http://electoral.gob.ar/aplicativos/instructivo_infipp.pdf

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        12
        Score
        YES
        In law, loans to political parties and individual candidates must be reported.More about indicator

        Despite there is no specific article regarding loans to parties, Law 26215 establishes all incomes and expenditures must be reported, specifying its origin and its final use. This includes all loans and debts. The law requires two reports, as established in the following articles:

        “ARTICLE 54 - Preliminary report. Ten (10) days before the election, the president and treasurer of the party and financial and political campaign officials must jointly submit a detailed report of public and private contributions received to the court. The report must include the origin and amount as well as the expenses incurred in connection with the election campaign, showing balanced revenues and expenditures.

        ARTICLE 58 - Final Report Ninety (90) days after the election is over, the Treasurer and responsible economic and financial campaign must jointly submit a final report of public and private contributions received to the courts. The report shall contain and specify the nature, origin, and name of the donor, as well as the destination, amount and the total costs incurred by the campaign, showing proof of expense with the invoices. The report should also detail the opening and closing of the bank account opened for the campaign must contain supporting documentation.”

        Moreover, the online platform created by the National Electoral Chamber, for parties to register their donations and expenses for electoral campaigns, includes a specific option to inform debts and loans the party has taken to finance its campaign.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Articles 54 and 58, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Hernán Goncalves Figuereido, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, CABA, Personal.

        Information, National Electoral Chamber, User's manual for official online platform for uploading parties' financial information , 2013, http://electoral.gob.ar/aplicativos/instructivo_infipp.pdf

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      Limits on Contributions and Expenditures during Electoral Campaign Periods
      More about category
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        13
        Score
        YES
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        Law 26 215 establishes contributions from individuals are limited to a maximum amount, on an annual basis. This means there is no specific limit for electoral campaigns, but the contribution is considered among that annual limit:

        “ARTICLE 16 -. Maximum Donations. Political parties cannot receive more than the following donations per calendar year: a) a legal entity or person, cannot donate the equivalent of one percent (1%) of the total amount of expenses allowed; b) a natural person, cannot donate an amount exceeding the equivalent of two percent (2%) of the total expenses allowed. The above percentages shall be calculated on the spending limit set out in Article 45. This limit does not apply to those contributions resulting from an obligation under the Organic Letters Partisan referred to the contributions of members when performing elective public office. The National Electoral Commission shall inform the political parties, in the first quarter of each calendar year, the limit on private contributions and publish that information on the website of the Judicial Power of the Nation made available to the electoral courts.”

        Law 26 215 establishes in Article 45: “Spending limit. In national elections, the expenditure for the campaign for each political group may not exceed the amount resulting from multiplying the number of qualified electors for one (1) Electoral Module according to the General Budget Law of the Federal Government in the respective year. For the purposes of applying the provisions of this Article; we will not consider a district that has less than five hundred thousand (500,000) voters. The planned expenditure limit for the second round will be half of what was scheduled for the first round.” This implies the General Budget Law must include a category with an specific amount for the Electoral Module, and this amount is used to calculate spending and receiving contributions limits. As mentioned in Article 16, these limits do not include contributions of members when performing elective public office, according to what is established in each Organic Partisan Statute.

        Article 44 establishes the total limit of private sources a party can receive for electoral campaign: “Private resources limit. Political parties or alliances cannot receive for political campaign a total amount that exceeds the amount corresponding to the difference of maximum amount of campaign spending established by this law and the amount of the extraordinary fund for electoral campaign assigned to that party.”

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        National Congress, National Budget Law 26 895, 2014, http://www.infoleg.gob.ar/infolegInternet/anexos/220000-224999/221222/texact.htm

        National Congress, National Budget Law 26 784 - Minister of the Interior, 2013, http://www.mecon.gov.ar/onp/html/presutexto/ley2013/jurent/pdf/D13J30.pdf

        Law 26215, political parties financing, Articles 16, 44 and 45, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        National Electoral Chamber, Resolution 12/2014, Limits for private donations 2014, http://electoral.gob.ar/pdf/topesaportes2014.pdf

        National Electoral Chamber, Resolution3/2013, Limits for private donations 2013, http://www.elecciones.gov.ar/normativa/archivos/resolucion32013.pdf http://www.elecciones.gov.ar/normativa/archivos/resolucion32013_anexo.pdf

        Decree Nº 936/2010, 2010, Regulation of Law 26 215, regarding resources for the Permanent Parties Fund, http://www.infoleg.gob.ar/infolegInternet/anexos/165000-169999/168877/norma.htm

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        14
        Score
        MODERATE
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        Contributions from corporations are specifically banned for the electoral campaign period. Law 26215 establishes through its Chapter IV, Private financing of political campaigns, Article 44 bis: “Private financing. (…) Donations or contributions from legal entities to political parties are banned.“ This ban affects corporations but also any other legal entity, such as foundations, think tanks, unions, etc.

        Despite this restriction, law allows legal entities to donate for regular permanent party activities (Law 26215, Article 14). Contributions from legal entities to regular party financing are limited to a maximum amount, on an annual basis, as detailed in indicator 13.

        These contradictory regulations generate confusion in practice, as money from regular and electoral periods goes to the same bank account, as established in Article 20: “Unique bank account. Political party funds must be kept in an unique bank account by district, opened in the Argentina Nation Bank, or official banks where available, in the name of the party and up to four members of the party, being two of them the president and the treasurer (…)”

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 14, 20, 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        15
        Score
        YES
        In law, contributions from foreign sources are banned.More about indicator

        Law 26215 bans financial and in kind contributions from foreign sources, both for regular and electoral periods. Political parties are not allowed to receive them under any circumstance, as article 15 establishes:
        “Article 15 - Prohibitions. Political parties cannot accept or receive, directly or indirectly: e) Contributions or donations from foreign governments or foreign public legal entities f) Contributions or donations from foreign natural persons or legal entities with no residence in the country.”

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 15, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        16
        Score
        YES
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        Contributions from third party actors are specifically banned by two articles in Law 26 215, both for electoral periods or regular activites. The first one, Article 15 establishes:

        “ARTICLE 15 - Limitations. Political parties may not accept or receive, directly or indirectly: a) Anonymous contributions or donations. Parties shall not allow contributions or donations with no disclosure of the identity of the taxpayer or donor; b) Contributions or donations from centralized or decentralized entities, be they national, provincial, interstate, bi-or multilateral, or of the city of Buenos Aires; c) Contributions or donations from corporations holding contracts with the State of the nation, provinces, municipalities or the city of Buenos Aires; d) Contributions or donations from persons or legal entities who operate gambling; e) Contributions or donations from foreign governments or public entities; f) Contributions or donations from persons who are not resident or domiciled in the country; g) Contributions or donations from persons who are required to make the contribution by their superiors or employers; h) Contributions or donations from trade unions. The restrictions stated in this article also include private contributions to the Permanent Partidary Fund.”

        The second relevant article, 44 bis, establishes no legal entity is allowed to donate to political campaigns: “Private financing. (…) Donations or contributions from legal entities to political parties are banned.“ This ban affects every legal entity, such as foundations, think tanks, unions, etc. Moreover, there is no legal entity in Argentina such as the Political Actions Committees.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 15 and 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        17
        Score
        YES
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        Law 26215 establishes specific limits for electoral campaign periods:

        ARTICLE 45. - Spending limit. In national elections, the expenditure for the campaign for each political party may not exceed the amount resulting from multiplying the number of qualified electors for one (1) electoral module according to the General Budget Law of the Federal Government in the respective year. For the purposes of applying the provisions of this Article; we will consider no district has less than five hundred thousand (500,000) voters. The planned expenditure limit for the second round will be half of what was scheduled for the first round. This implies the General Budget Law must include a category with an specific amount for the Electoral Module, and this amount is used to calculate spending and contributions limits.

        For primary elections these spending limit is reduced to the half: “Article 33. — Total expenses of each polítical party cannot exceed 50% of spending limit for general campaign. Each internal list will have the same limit, which summed up cannot exceed what stablished before.” This implies this general limit must be divided between all internal lists participating.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 45, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        National Electoral Chamber, Expenses limits – 2013, 2013, http://www.pjn.gov.ar/cne/documentos/limitesdegastosdecampania.pdf

        National Congress, Law 26 571, democratization of political representation, transparency and electoral equity, Article 33, 2009, http://www.infoleg.gob.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

        National Congress, National Budget Law 26 784 - Minister of the Interior, 2013, http://www.mecon.gov.ar/onp/html/presutexto/ley2013/jurent/pdf/D13J30.pdf

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        18
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        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        National laws regulating political finance do not apply to sub-national units. Argentina is a federal country (Article 1, Argentinian Constitution) and each Province is self-governing, except in those areas specifically mentioned by the Argentinian Constitution (Article 121). As regards electoral governance it establishes: “Article 122. Provinces create their own local institutions and are governed by them. They elect their governors, legislators and other provincial officers, without intervention of the federal government.” This implies each province has its own laws regarding electoral process and political financing. In this sense, five of the twenty-four districts have specific political financing laws, while the other nineteen include the regulation of these issues in their political parties law.

        Law 15.262 establishes that provinces may make their provincial and municipal elections simultaneously with the national elections, according to their internal decision (Article 1). In this case, they can share the same authorities and election polls. No matter the simultaneity, national political financing laws do not apply to local elections. Parties only must inform in their national reports what share of expense corresponds to each level of election (according to what established on the User's manual for official online platform for uploading parties' financial information, 2013), and of course, to fulfill the subnational reporting requirements (which change according to the district). As regards electoral publicity, Provinces may adopt the same criteria established in law 26 571, and give political parties free space on television and radio (Decree 760/2013), so as to avoid inequity between competitors.

        These complex interaction between different political levels generates some conflicts. For example, some parties at Buenos Aires City complained before National Electoral Chamber because the simultaneity generated inequity as regards the provision of free spaces at television and radio for national parties. Local parties who did not present national candidates suffered from the national legislation as they did not receive free spaces. To overcome this problem, the National Electoral Direction established through a Decree (760/2013): “Art 9 -. When a Province or Buenos Aires City holds its elections simultaneously with the national elections, the Decree must indicate this circumstance and express their commitment to regime III Bis Chapter III of Title Law No. 26.215 and Article 35 of Law No. 26,571 and its respective amended and supplemented.” In these cases, this same decree also established 30% of space in media will be assigned to legislative local elections (Article 11).

        Another problem is the difficulty to control financing in these two separate levels when elections occur simultaneously. Though we mentioned parties must inform in their national reports which share of financing corresponds to each level, those are estimations and hardly get to reflect the impact of the subnational and national systems interacting. The different regulations may also contradict, for example, as regards the prohibition of legal entities donations to electoral campaigns. As this regulation applies to the national level, legal entities could channel their contributions through the subnational parties in districts which this is not forbidden. Though they could only use this funds for local elections, limits get blurry and control gets more difficult. Though this situation is not confirmed, experts believe parties are abusing of this loophole and actually receiving money from corporations.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources

        Argentinian Constitution, 1994, Article 1, 121, http://infoleg.mecon.gov.ar/infolegInternet/anexos/0-4999/804/norma.htm

        Law 15 262, Provinces - National register of electors. simultaneity law, 1959, http://www.infoleg.gob.ar/infolegInternet/anexos/20000-24999/23966/norma.htm

        Decree 760/2013, Article 9 and 11, 2013, Regulation of electoral campaigns regime, http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/216456/norma.htm

        Hernán Goncalves Figuereido, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, CABA, Personal.

        Alejandra Lazzaro, National Electoral Chamber, Chamber Secretary, 11/08/2014, Buenos Aires City,

        Decree 760/2013, 2013, Regulation of electoral campaigns regime, http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/216456/norma.htm

        Center for the implementation of public policy for equity and growth, CIPPEC, 2014, Political financing regulation in provinces and Buenos Aires City, http://cippec.org/oear/sec_proyectoFinanciamiento/legislacion.php

        News article, La Capital, Galassi: The media law permits free distribution, 02/07/2013, http://www.lacapital.com.ar/politica/Galassi-La-ley-de-medios-permite-espacios-gratuitos-20130702-0035.html

        Information, National Electoral Chamber, User's manual for official online platform for uploading parties' financial information , 2013, http://electoral.gob.ar/aplicativos/instructivo_infipp.pdf

        Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, Out of period, Complementary source, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

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        19
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        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        The weight of public funding for election campaigns depends on multiple factors, such as the size and relevance of the political party, the type of election (legislative, presidential, or both), and whether it is a national or district party. For example, in the case of the legislative elections of 2013, private donations went to party district because of the type of election. Therefore, public funding constituted the majority (100% in most cases) of campaign financing of national parties. At the district level the situation was different. For example in the case of the City of Buenos Aires, the FIT did not report receiving private contributions so public funds and public contribution to print ballots constituted 100% of their income. For larger parties, such as Frente para la Victoria Alliance, claimed to have received 21% of private contributions of the total of funds received. The Alliance UNEN declared less than 2,5% were private contributions, and the Alliance UNION PRO declared 72% of its incomes were private contributions.

        Private funding sources also vary according to the size of the political party and its influence on the party system. The ruling party, for example, has a large number of public employees which appear as donors. Large parties often receive significant amounts. Instead, small parties are financed mainly of small contributions from their members. However, experts do no trust in these reports. They tend to believe that parties do not report the whole amount of funds received. Even though law 26 215 prohibits contributions from corporations for electoral campaigns (Article 44 bis), there are suspicions that they are still donating.

        Some parties are trying to implement new strategies to catch small contributions, for example through credit cards or cell phone text messages (SMS). These strategies face some obstacles because of the restrictions established by the law. The law 26 215 prohibits anonymous donations for every amount, and credit cards and telephonic companies are not willing to their clients information to the parties.

        In case a candidate wishes to self finance his or her campaign, the same limits apply as to other individual donors.

        Parties do not declare having bussiness or trusts to support their expenses, and there are no reports of this being the case.

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources

        Law 26215, Article 44 bis, political parties financing, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Political party campaign report, National Electoral Chamber, Partido Justicialista - National party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-0014194002-9.pdf

        Political party campaign report, National Electoral Chamber, Unión Cívica Radical - National Party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-1016782003-pdf

        Political party campaign report, National Electoral Chamber, ARI - National party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-0015055047-7.pdf

        Political party report, National Electoral Chamber, Partido Socialista - National Party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-0017452050-6.pdf

        Political party report, National Electoral Chamber, PRO - National party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-0015630064-3.pdf

        Political party campaign report, National Electoral Chamber, FIT - District party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-1014769505-2.pdf

        Political party campaign report, National Electoral Chamber, Alianza Frente para la Victoria - Disctrict party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-1011446501-3.pdf

        Political party campaign report, National Electoral Chamber, Alliance UNEN - District party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-1012609502-4.pdf

        Political party campaign report, National Electoral Chamber, Alliance UNION PRO - District party, 2013, http://www.pjn.gov.ar/cne/secelec/document/financiamientos/58013-1016077503-2.pdf

        NGO / Activist Report, Poder Ciudadano, Electoral campaign financing. Preliminary reports, 2013, http://poderciudadano.org/financiamiento-de-la-campana-electoral-informes-previos/

        NGO / Activist Report, Poder Ciudadano, Primary elections financing. CABA and Buenos Aires, 2013, http://poderciudadano.org/financiamiento-de-las-paso-buenos-aires-y-caba/

        Political party Website, PRO, Online donation system PRO, 2014, https://pro.com.ar/donar/

        News article, Laura Di Marco, Alberto Föhrig: "There are political actors who are accomplice of drug trafficking and no iniciatives to stop them", La Nación, 27/10/2013, http://www.lanacion.com.ar/1632442-alberto-fhrig-hay-actores-politicos-complices-del-narcotrafico-y-ninguna-iniciativa-para-enfrentarlo

        News article, La Nación, Norberto Oyarbide dismissed the charges on ex collectors of Cristina Kirchner's campaign, 01/04/2014, http://www.lanacion.com.ar/1677227-norberto-oyarbide-sobreseyo-a-ex-recaudadores-de-la-campana-de-cristina-kirchner

        News article, La Nación, Juan José Zanola goes to oral trial for medicine's mafia, 04/09/2013, http://www.lanacion.com.ar/1616812-juan-jose-zanola-ira-a-juicio-oral-por-la-mafia-de-los-medicamentos

        News article, Hernán Cappiello, Medicine's mafia goes to trial, La Nación, 05/09/2013, http://www.lanacion.com.ar/1616966-va-a-juicio-la-mafia-de-los-medicamentos

        News article, Juan Ignacio Irigaray, Cristina Kirchner, acussed of receiving money from the medicine's mafia, El Mundo, 08/09/2009, http://www.elmundo.es/elmundo/2009/09/08/internacional/1252437006.html

        News article, Laura Serra, Small and big amounts; curiosities of 2013 campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692904-sumas-pequenas-y-grandes-curiosidades-de-la-campana-2013

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Political parties, all breaking the law, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680622-los-partidos-politicos-todos-en-infraccion

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

        Maricel Etchecoin, General Audit of the City of Buenos Aires, 16/07/2014, Buenos Aires.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        News article, Adrián Ventura, Electoral Justice want to have a better control of contributions to electoral campaigns, La Nación, 19/08/2014, http://www.lanacion.com.ar/1719784-la-justicia-electoral-quiere-hacer-un-mayor-control-de-los-aportes-para-las-campanas

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        20
        Score
        --
        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        The National Electoral Justice publishes the complete list of sanctions imposed to all political parties of each districts, in violation of Law 26 215. This presents clear information on articles violated by each political party. According to this information, all national parties violate some article of the political financing law in some way or the other. More than 6.000 sanctions have been applied nationally since 2002. These offenses concentrate on the presentation of reports out of period, and the lack of investment of the public funds in training, but not in violations on expenditure or contribution limit.

        Apart from these offenses there are suspicions among the experts on the subject and journalist that not all funding received by the parties is actually declared in campaign reports. For example, some believe that corporations are still donating to political parties and candidates for electoral purposes - or that they could be supporting candidates directly, rather than parties, and Law 26 215 does not comtemplate funding or reporting from candidates. However, these offenses are very difficult to prove, and there are no documented instances of violation or sanctioning in this area.

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        National Electoral Chamber, Register of sanctioned parties, 2014, accessed August 2014, http://www.pjn.gov.ar/cne/sancionespdflist.php

        News article, Noticias electorales, Advances in electoral transparency at the national level are not perceived in the provinces, 30/08/2014, http://www.noticiaselectorales.com/argentina-los-avances-en-materia-de-transparencia-electoral-a-nivel-nacional-no-se-perciben-en-las-provincias/

        News article, Laura Serra, Small and big amounts; curiosities of 2013 campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692904-sumas-pequenas-y-grandes-curiosidades-de-la-campana-2013

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Political parties, all breaking the law, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680622-los-partidos-politicos-todos-en-infraccion

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

        News article, Laura Di Marco, Alberto Föhrig: "There are political actors who are accomplice of drug trafficking and no iniciatives to stop them", La Nación, 27/10/2013, http://www.lanacion.com.ar/1632442-alberto-fhrig-hay-actores-politicos-complices-del-narcotrafico-y-ninguna-iniciativa-para-enfrentarlo

        News article, La Nación, Norberto Oyarbide dismissed the charges on ex collectors of Cristina Kirchner's campaign, 01/04/2014, http://www.lanacion.com.ar/1677227-norberto-oyarbide-sobreseyo-a-ex-recaudadores-de-la-campana-de-cristina-kirchner

        News article, La Nación, Juan José Zanola goes to oral trial for medicine's mafia, 04/09/2013, http://www.lanacion.com.ar/1616812-juan-jose-zanola-ira-a-juicio-oral-por-la-mafia-de-los-medicamentos

        News article, Hernán Cappiello, Medicine's mafia goes to trial, La Nación, 05/09/2013, http://www.lanacion.com.ar/1616966-va-a-juicio-la-mafia-de-los-medicamentos

        News article, Juan Ignacio Irigaray, Cristina Kirchner, acussed of receiving money from the medicine's mafia, El Mundo, 08/09/2009, http://www.elmundo.es/elmundo/2009/09/08/internacional/1252437006.html

        News article, Adrián Ventura, Electoral Justice want to have a better control of contributions to electoral campaigns, La Nación, 19/08/2014, http://www.lanacion.com.ar/1719784-la-justicia-electoral-quiere-hacer-un-mayor-control-de-los-aportes-para-las-campanas

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    Reporting and Public Disclosure

    More about category
    composite
    73
    • expand button!
      Reporting Requirements to the Oversight Entity
      More about category
      • expand button!
        21
        Score
        YES
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        Political parties must report itemized contributions and expenditures both during and outside electoral campaign periods, according to Law 26 215. As regards electoral campaign periods, parties shall present three reports. One 30 days after primary elections (Article 37, Law 26 571), one 10 days before general election (ARTICLE 54, Law 26 215), and the third one 90 days after the general election (ARTICLE 58, Law 26 215). Law 26 215 specifically establishes which items shall be included in the reports: “Article 58 bis — Expenses ítems. Final report referred in Article 58 shall include, at least, the following ítems: a) Administration fees; b) Office expenses and acquisitions; c) Investment in equipment for political party work group including publications; d) election advertising expenses; e) Expenses incurred in surveys or opinion polls; f) Transportation; g) judiciary accountability and expenses; h) Expenses of printing ballots; i) Other expenses properly substantiated.”

        As regards non electoral campaign periods, Law 26 215 establishes: “ARTICLE 23 -. Annual Financial Statements. Within ninety (90) days of the end of each year, each party shall provide the federal courts of their district with the annual statement of its assets and statement of income and expenses for the year, signed by president and treasurer of the party and by a public accountant in their district. The report must contain the appropriate certification by the Professional Council of Economic Sciences. They shall also give any other relevant information to the court. Furthermore, parties shall submit a complete list of natural persons and legal entities who have made contributions during the reported period, detailing personal identification, tax identification, amount and date of contribution.”

        Even though this article does not contain specific categories of items that must be reported, the Electoral National Chamber established in 2013 that this reports must be standardized and presented through an online platform (Resolution 135/2013) which requires specific categories of items (Resolution 135/2013, Annex).

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 23, 54, 58, 58 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 26 571, democratization of political representation, transparency and electoral equity, Article 37, 2009, http://www.infoleg.gob.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

        National Electoral Chamber, Resolution 135/2013, Unification of format of presentation of annual balances, 2013, http://electoral.gob.ar/pdf/ae135-2013.pdf

        National Electoral Chamber, Resolution 135/2013, Annex, Unification of format of presentation of annual balances, http://electoral.gob.ar/pdf/ae135-2013_anexo.pdf

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        22
        Score
        YES
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        Law 26 215 establishes parties must present three reports before federal courts, regarding electoral campaign periods. One 30 days after primary elections (Article 37, Law 26 571), one 10 days before general election (ARTICLE 54, Law 26 215), and the third one 90 days after the general election (ARTICLE 58, Law 26 215). The official electoral campaign period starts 30 days before the primary elections and ends 48 hours before the day of the election, and 35 days before general elections until 48 hours before the day of the election.

        As regards primary elections (Law 26 571):

        “ARTICLE 36 -. Twenty (20) days after the end of the primary election, the financier responsible for each internal list shall file to the financier of the political party a detailed final report on public and private contributions received indicating origin, amount, name and document number of donor and the expenditure incurred during the election campaign. The report must follow what established in Law on Financing of Political Parties for general campaigns reports(…).

        ARTICLE 37. - Thirty (30) days after the primary election, each political group involved in the election must complete and submit a detailed final report on public and private donations received indicating origin and amount as well as expenditures for each internal list during the election campaign, to the federal electoral court. The report should follow what established for general campaigns regulated in the Law on Financing of Political Parties, and will be made based on the information given by the internal lists according to the previous article, also indicating which lists have not presented the internal report.”

        As regards general elections (Law 26 215):

        “ARTICLE 54 -. Preliminary report. Ten (10) days before the election, the president and treasurer of the party and financial and political campaign responsibles must jointly submit a detailed report of public and private contributions received, to the federal court. The report must include the origin and amount as well as the expenses incurred in connection with the election campaign, showing balanced revenues and expenditures.

        ARTICLE 58 - Final Report Ninety (90) days after the election is over, the Treasurer and financial and political campaign responsibles must jointly submit a final report of public and private contributions received to the courts. The report shall contain and specify the nature, origin and name of the donor, as well as the destination, amount and the total costs incurred by the campaign, showing proof of expense with the invoices. The report should also detail about the opening and closing of the bank account opened for the campaign, and must contain supporting documentation.”

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 54 and 58, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 26 571, democratization of political representation, transparency and electoral equity, Article 36 and 37, 2009, http://www.infoleg.gob.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

        Law 26 571, democratization of political representation, transparency and electoral equity, Article 31, 36, 37 and 91, 2009, http://www.infoleg.gob.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

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        23
        Score
        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        Political parties are required to report their financial information on an annual basis outside of electoral campaign periods, according to law 26 215: “ARTICLE 23 - Annual Financial Statements. Within ninety (90) days of the end of each year, each party shall provide the Federal Courts of their district with the annual statement of its assets and statement of income and expenses for the year, signed by president and treasurer of the party and by a public accountant in their district. The report made by public accountants must contain the appropriate certification by the Professional Council of Economic Sciences (…)”

        They must also provide to the Court any other relevant information/ documents/receipts to back up their report. Furthermore, they must submit a complete list of natural persons and legal entities who have made a financial contribution to the party, detailing personal identification, tax identification, amount and date of contribution.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 23, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        24
        Score
        75
        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        Parties generally report itemized information according to what is established in Law 26 215. According to this, they must present three reports before federal courts, regarding electoral campaign periods. One 30 days after primary elections, one 10 days before general election, and the third one 90 days after the general election. In 2013, primary elections were held on August 11th, and general elections on October 27th. During these elections, parties have usually presented their campaign reports on time, and tend to present more delays on the presentation of their annaul reports.

        These reports are itemized and refer both to detailed contributions and expenditures. Information around donors includes: complete name, personal identification number, fiscal identification number, date and amount of contribution, and how it was made (cash, bank transfer, etc). Expenditures are also classified according to the type (for example, electoral publicity is categorized according to if it was on the street, internet or newspapers), and they include information around the provider of the service or product, the service of product bought, date and amount.

        The reports are also standardized, as the National Electoral Chamber created an online system for them to upload all their information in the same format.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources

        National Electoral Chamber, 2013, Financial Reports, Buenos Aires City, 2013, http://www.pjn.gov.ar/cne/secelec/secciones/financia_partidarios.php?dID=1&eID=246&gp=0

        National Electoral Chamber, 2013, Financial Reports, Salta, 2013, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=267&dID=17

        National Electoral Chamber, 2013, Financial Reports, Tierra del Fuego, 2013, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=258&dID=24

        Maricel Etchecoin, General Audit of the City of Buenos Aires, 16/07/2014, Buenos Aires.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

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        25
        Score
        50
        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        Political parties present in their reports detailed listings of the types of contributions and donors who made them, detailing personal identification, tax identification, amount and date of contribution, and how this was made (cash, bank transfer, etc). This also includes in-kind donations and those received in cash. Parties do usually accomplish this requirement.

        However there are suspicions among the experts on the subject that not all funding received by the parties is actually declared in campaign reports. On one hand, it is suspected that not all contributors listed in the reports are true, but would be individuals who "lend" their name to money laundering. On the other hand, there is the suspicion that companies continue to donate to campaigns and candidates, although this is not reported. Finally, some stakeholders fear that there are relationships between organized crime and the financing of campaigns, as in the case being investigated in the Frente para la Victoria campaign of 2007. Media reports reflect these suspicions. Journalists have detected for example, plenty of public employees listed as campaign donors, which is not illegal, but at least suspicious. They have also identified partners and managers of gaming companies, as donors in campaign reports, which is expressly prohibited by law 26,215. National Justice is investigating these accusations, but there have been no resolutions yet.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources

        National Electoral Chamber, 2013, Financial Reports, Buenos Aires City, 2013, http://www.pjn.gov.ar/cne/secelec/secciones/financia_partidarios.php?dID=1&eID=246&gp=0

        National Electoral Chamber, 2013, Financial Reports, Salta, 2013, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=267&dID=17

        National Electoral Chamber, 2013, Financial Reports, Tierra del Fuego, 2013, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=258&dID=24

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        News article, Laura Serra, Small and big amounts; curiosities of 2013 campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692904-sumas-pequenas-y-grandes-curiosidades-de-la-campana-2013

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Political parties, all breaking the law, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680622-los-partidos-politicos-todos-en-infraccion

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

        News article, Laura Di Marco, Alberto Föhrig: "There are political actors who are accomplice of drug trafficking and no iniciatives to stop them", La Nación, 27/10/2013, http://www.lanacion.com.ar/1632442-alberto-fhrig-hay-actores-politicos-complices-del-narcotrafico-y-ninguna-iniciativa-para-enfrentarlo

        News article, La Nación, Norberto Oyarbide dismissed the charges on ex collectors of Cristina Kirchner's campaign, 01/04/2014, http://www.lanacion.com.ar/1677227-norberto-oyarbide-sobreseyo-a-ex-recaudadores-de-la-campana-de-cristina-kirchner

        News article, La Nación, Juan José Zanola goes to oral trial for medicine's mafia, 04/09/2013, http://www.lanacion.com.ar/1616812-juan-jose-zanola-ira-a-juicio-oral-por-la-mafia-de-los-medicamentos

        News article, Hernán Cappiello, Medicine's mafia goes to trial, La Nación, 05/09/2013, http://www.lanacion.com.ar/1616966-va-a-juicio-la-mafia-de-los-medicamentos

        News article, Juan Ignacio Irigaray, Cristina Kirchner, acussed of receiving money from the medicine's mafia, El Mundo, 08/09/2009, http://www.elmundo.es/elmundo/2009/09/08/internacional/1252437006.html

        Delia Ferreira Rubio: "Argentina: two cases" published in CASAS-ZAMORA, Kevin. (ed): "Dangerous Liaisons. Organized Crime and Political Finance in Latin America and Beyond", Brookings Institution Press, Washington DC, 2013, Chapter 2, pp 22-42.

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      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
      • expand button!
        26
        Score
        YES
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        Law 26 215 establishes that financial reports from both during the electoral period and outside the electoral period must be public and published online.

        For electoral campaign periods (Law 26 215), parties must present their reports according to Articles 54 and 58, and these must be public and published online. As regards the preliminary report (10 days before the election), the Federal Judge of the district where the reports were presented must order the publication of the online address where the reports can be found in the Official Bulletin at least one week before the election. Preliminary reports can also be consulted in the federal court. For final reports (Article 58), the Judge shall order their “immediate publication” on the Judiciary Branch Website (Article 24). Political parties must also publish in a national newspaper the online address where the balance sheets and the complete list of donors are published, whether their own website or the Judiciary Branch official website (Articles 24 and 59). The same conditions apply to annual reports (Article 24).

        For both types of reports, law establishes: “Article 25. — Observations by third actors. The financial statements and other reports will be available at the seat of the court for any citizen, who could even request a copy. This request does not require expression of cause and copying costs will be charged to the applicant. The comments of the third interested may be made during the duration of the process of control, with the final deadline of the resolution issued by the respective judge (…)."

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 24, 25, 54, 58 and 59, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        27
        Score
        75
        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        Citizens can access the financial information of all political parties through the official website of the Judiciary Branch www.pjn.gov.ar. Each Electoral Secretary publishes the reports presented by the parties in each district, in the same format. Though they are published, this information is not always easy for citizens to find - it takes some exploring to find, as there are no instructions to get to that information, and the main access is through a map, not throug an specific section for political financing. The information is published in a PDF format. This is considered a restriction, as is not machine readable and obstructs the compared analysis that could be easily done, mainly by NGO or activists.

        In 2014 the National Electoral Chamber made a step forward by publishing consolidated information about 2013 electoral campaign incomes and expenses in an XLS format. This allows a easier use and analysis of the data, which is actually being used by journalists and NGO to create a friendly search tool around this topic. Even though the National Electoral Chamber has started to open the format of presentation of the information, this does not apply to the entire reports of 2013 election.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Financial reports, Buenos Aires City, 2013, National Electoral Justice, http://www.pjn.gov.ar/cne/secelec/secciones/financiapartidariosopcion.php?dID=1&eID=246&gp=0

        Consolidated data, electoral campaign 2013, National Electoral Chamber, http://electoral.gob.ar/financiamientoconsolidado.php

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, Buenos Aires City.

        Angélica Peralta Ramos, Multimedia Manager and journalist, La Nación Newspaper, 03/08/2014, Buenos Aires City.

        Judiciary Branch Website, www.pjn.gov.ar. Accessed on 19/08/2014.

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        28
        Score
        100
        In practice, to what extent is financial information published in a standardized format?More about indicator

        National Electoral Chamber created an online system called INFIPP (Informe de Financiamiento de partidos politicos – Report on political parties financing) for parties to upload their electoral campaign financial information. This means all the information follows the same criteria and the reports are standardized and digital. This system is applied in practice by all parties presenting reports.

        Reports of parties participating in national elections all over the country can be found in the Judiciary Branch official website (www.pjn.gov.ar), and they are all presented in the same format, as a result of the upload of the information through INFIPP.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources

        National Electoral Chamber, Online System INFIPP, 2014, http://electoral.gob.ar/fp.php

        Electoral campaign reports, 2013, Buenos Aires City, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=246&dID=1

        Electoral campaign reports, 2013, Jujuy, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=231&dID=10

        Electoral campaign reports, 2013, Córdoba, http://www.pjn.gov.ar/

        Electoral campaign reports, 2013, Tierra del Fuego, http://www.pjn.gov.ar/cne/secelec/secciones/financiamiento_list.asp?eID=258&dID=24

        Hernan Goncalves, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, Buenos Aires City.

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        Score
        100
        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        Independent journalism media, such as La Nación, Clarín, Infobae and Perfil, have used officially published political party financial information as part of their reporting. They use the electoral campaign reports as a source for their investigations, and present analysis not only around the facts of the financing, but also around possible connections with crime and fraud investigations. Media coverage of this topic in 2013 elections was deep, and continued through 2014 with the analysis of sanctions to political parties, violations of the norms, cost of campaigns and facts around the donations.

        La Nacion Data, the journalism data section in La Nación, together with NGO and activists, is even using the electoral campaign reports to create an open data platform, to be used not only by journalist but by every interested citizen.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources

        Angélica Peralta Ramos, Multimedia Manager and journalist, La Nación Newspaper, 02/08/2014, Buenos Aires City.

        Romina Colman, data journalist, La Nación Newspaper, 02/08/2014, Buenos Aires City.

        News article, Laura Serra, Small and big amounts; curiosities of 2013 campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692904-sumas-pequenas-y-grandes-curiosidades-de-la-campana-2013

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Political parties, all breaking the law, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680622-los-partidos-politicos-todos-en-infraccion

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

        News Article, María Eugenia Duffard, Macri accused of financing his campaign with public funds, Clarín, 24/06/2014, http://www.clarin.com/politica/Acusan-Macri-financiar-campana-portenos01162683738.html

        News Article, Mauricio Caminos, Campaign financing: each vote costed $8,15 for the kirchnerismo, and $3,23 for Sergio Massa, La Nación, 07/11/2013, http://linkis.com/www.lanacion.com.ar/ptpP

        News article, Hernán Capiello, Director of Enarsa and ex secretary anti drugs accused of traffic of efedrina, La Nación, 19/07/2014, http://www.lanacion.com.ar/1711308-procesaron-por-trafico-de-efedrina-a-un-director-de-enarsa-y-ex-secretario-antidrogas

        News article, Infobae, The kirchnerismo and PRO leaded campaign expenses during the primary elections, Infobae, 14/09/2013, http://www.infobae.com/2013/09/14/1508800-el-kirchnerismo-y-el-pro-lideraron-los-gastos-campana-las-elecciones-primarias

        News article, Juan Inacio Sanz, Campaign expenses: Servini de Cubría goes for ballots and media spots, Infobae, 16/09/2013, http://www.infobae.com/2013/09/16/1509279-gastos-campana-servini-cubria-va-las-encuestas-y-los-spots-television

        News article, La Política Online, Cristobal López donated $500.000 to the campaign of kirchnerismo, La Política Online, 04/04/2014, http://www.lapoliticaonline.com/nota/79662-cristobal-lopez-aporto-500-mil-pesos-a-la-campana-del-kirchnerismo/

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        Score
        0
        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        News reports about violation or abuse of political finance laws were frequent during 2013 national elections. These concentrate around the electoral use of state resources, such as official advertisements, or the violation of the electoral ban period (as detailed in indicator 6). In general, these reports reflect accusations of candidates towards the party in government based on hard evidence, such as the transportation of candidates in the official airplane, the inauguration of public works, or the electoral use of the nationwide address.

        Additionally, other political finance laws are reported on as frequently violated, especially related to reporting timelines and training allocation expenditure requirements. According to La Nación, such violations are very common across all parties.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources

        Angélica Peralta Ramos, Multimedia Manager and journalist, La Nación Newspaper, 02/08/2014, Buenos Aires City.

        News article, La Voz, In campaign, Cristina challenges the denounces for violating the electoral ban, 04/08/2013, http://www.lavoz.com.ar/noticias/politica/campana-cristina-desafio-denuncias-violar-veda

        News article, Hernán Capiello, Director of Enarsa and ex secretary anti drugs accused of traffic of efedrina, La Nación, 19/07/2014, http://www.lanacion.com.ar/1711308-procesaron-por-trafico-de-efedrina-a-un-director-de-enarsa-y-ex-secretario-antidrogas

        News article, El Litoral, El Litoral, Pulic acts and electoral campaign, 28/07/2013, http://www.ellitoral.com/index.php/diarios/2013/07/28/opinion/OPIN-01.html

        News article, Clarín, Cristina denounced for violating the electoral ban, 01/08/2013, http://www.clarin.com/politica/Denunciaron-Cristina-violar-inaugurar-campana0966503662.html

        News article, Perfil, Prosecutor Di Lello investigates Cristina's public acts during electoral ban, 02/08/2013, http://www.perfil.com/politica/El-fiscal-Di-Lello-pide-investigar-a-CFK-por-los-actos-de-campaa-en-plena-veda-20130802-0024.html

        News article, Cadena3.com, Using the official nationwide address in campaign would be illegal, Cadena3.com, 24/07/2013, http://www.cadena3.com/contenido/2013/07/24/116553.asp?titulo=Senalan-que-es-ilegal-usar-cadena-nacional-en-campana

        News article, La Prensa, Stolbizer asked to prohibit the use of official nationwide address during campaing, La Prensa, 31/07/2013, http://www.laprensa.com.ar/410798-Stolbizer-pidio-que-se-prohiba-el-uso-de-la-cadena-nacional-durante-la-campana.note.aspx

        News article, Mariano Obarrio, Electoral use of a picture of the Pope, Cristina Kirchner and Insaurralde, La Nación, 01/08/2013, http://www.lanacion.com.ar/1606362-uso-electoral-de-una-foto-del-papa-con-la-presidenta-e-insaurralde

        News article, Eleonora Rabinovich, Official advertising and other ways of bending the electoral field, La Nación, 02/08/2013, http://www.lanacion.com.ar/1606763-la-publicidad-oficial-y-otras-formas-de-inclinar-la-cancha-electoral

        News article, El Cronista, Complaints about abuse of official advertising increase, El Cronista, 01/08/2013, http://www.cronista.com/controlremoto/Crecen-los-reclamos-por-el-abuso-de-publicidad-K-en-diarios-TV-e-internet-20130806-0043.html

        News article, Agensur.info, Electoral ban: Poder Ciudadano asks the governments for more democratic behavior, 01/08/2013, http://www.agensur.info/2013/08/veda-electoral-poder-ciudadano-pide-un.html

        News article, Clarín, Poder Ciudadano launched a campaign against the use of State Resources for electoral purposes, Clarín, 05/08/2013, http://www.clarin.com/politica/Poder-Ciudadano-Campana-electoral-publicos0968903484.html

        News article, Laura Serra, Small and big amounts; curiosities of 2013 campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692904-sumas-pequenas-y-grandes-curiosidades-de-la-campana-2013

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Political parties, all breaking the law, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680622-los-partidos-politicos-todos-en-infraccion

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

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        Score
        25
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        Reports on irregularities around electoral process concentrate mostly on violations of the political financing laws, rather than in vote buying. Nevertheless, there is registered evidence of this situation, for example, from the declaration of a Governor who admitted giving gifts for the electoral campaign. In this case, La Rioja catholic church denouced vote buying during the 2013 campaign, and its governor responded apologising and admitting the facts. There have also been credible denunciations in Tucumán, Salta and Santa Cruz. These situations generally have impacts on the national level, as elections are usually simultaneous, but this depends on the local context. This means, the kind of vote buying depends on the necessity of the community. In some provinces it focuses on giving food and other products to people in need. In other cases it focuses on giving people access to beneficial programs.

        Reports from NGO monitoring elections do not register any verified cases of vote buying, but identified other issues such as lack of control from small parties, use of state resources for campaign, or a low level of training for electoral authorities at ballot stations.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources

        Gabriel Sued, Journalist, La Nación, 04/08/2014, Buenos Aires City.

        La Nación, Unusual apology from Governor of La Rioja for the distribution of gifts in the campaign, 12/11/2013, http://www.lanacion.com.ar/1637445-insolito-pedido-de-disculpas-del-gobernador-de-la-rioja-por-el-reparto-de-dadivas-en-la-camp

        Pérfil, Vote buying denounced in Tucumán, 27/10/2013, http://www.perfil.com/politica/Denuncian-que-en-Tucuman-reparten-mercaderia-para-inducir-el-voto-20131027-0105.html

        La política online, Santa Cruz: the political use of kids, 03/10/2013, http://www.lapoliticaonline.com/nota/nota-94221

        K vote buying dissuade Massa and Scioli, 01/04/2013, http://site.informadorpublico.com/2013/04/01/el-aparato-clientelar-k-disuade-a-scioli-y-massa/

        Iprofesional, K plan to win votes in a threatened community, 16/08/2013, http://www.iprofesional.com/notas/167740-Caso-Qom-plan-K-para-ganar-votos-de-una-comunidad-amenazada-por-petroleras-y-quita-de-asignaciones

        Electoral Observation Report 2013, Poder Ciudadano Foundation, November 2013, http://poderciudadano.org/sitio/wp-content/uploads/2013/12/Informe-AC2013.pdf

        Center for the implementation of public policy for equity and growth, CIPPEC, January 214, http://www.cippec.org/documents/10179/51825/129+DPP+IP%2C%20Elecciones+2013.+Mitos%2C%20hechos+e+interrogantes+sobre+la+fiscalizaci%C3%B3n+electoral+en+el+conurbano+bonaerense.+Pomares+y+Page.pdf/3f26dec4-1074-470f-a7dd-a5cfa4f797dc;jsessionid=2398B92C6C509B4D1A8C19FF1E55086D?version=1.0

        Center for the implementation of public policy for equity and growth, CIPPEC, September 2013, http://www.cippec.org/documents/10179/51825/122+DPP+PyGG.pdf/8185d4e4-80bc-4e1b-80cb-a9de0cd2405b

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        Score
        100
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        Poder Ciudadano, the Argentinian chapter of Transparency International, was one of the leading NGO in raising awareness around the importance of the political financing and its impact in the quality of Argentinian democracy. Firstly, they analyzed financing information to create reports, for citizens to be aware of who financed their political options. With the arrival of new information technologies, they created an online database, www.dineroypolitica.org, which takes the public financial reports and visualizes that complex information in a friendly way. Journalists and researchers use this platform as a resource for their investigations.

        Other NGOs, such as Contadores Forenses or CIPPEC, use political finance data for research and investigation around corruption cases.

        Recently, the National Electoral Chamber published political finance data in an open format (Excel). This attracted a new audience: “civic hackers” specialized in the use of open data to promote transparency. Hack and Hackers and Andy Tow are good examples of these emerging actors. The first ones, a group of journalists and hackers, launched a contest to promote the use of data to track what they call “ the route of public money”, and are using political finance data to create a searching and analysis tool for journalists. The second one is Andy Tow, an activist which took that information and conducted a very complex analysis of the characteristics of political financing through the use of new technologies.

        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, Buenos Aires City.

        NGO / Activist Report, Poder Ciudadano, Primary elections financing. Buenos Aires City and Buenos Aires. 2013, http://poderciudadano.org/financiamiento-de-las-paso-buenos-aires-y-caba/

        NGO / Activist Report, Andy Tow, The price of power, 16/04/2014, http://www.andytow.com/blog/2014/04/16/el-precio-del-poder/; Andy Tow's website, http://www.andytow.com/blog/, Accessed in August 2014.

        NGO / Activist Report, Hack and Hackers, The money route, 2014, http://larutadeldinero.info/

        NGO / Activist Report, Poder Ciudadano, Money and Politics, 2014, http://dineroypolitica.org/

        NGO / Activist Report, Poder Ciudadano, Electoral campaign financing. Previous reports. 2013, http://poderciudadano.org/financiamiento-de-la-campana-electoral-informes-previos/

        NGO / Activist Report, CIPPEC, Campaign financing, 2014, http://cippec.org/oear/sec_proyectoFinanciamiento/index.php

        NGO / Activist Report, CIPPEC, An evaluation of the new advertising regime for elections. 2012, Out of period. Complementary. http://cippec.org/oear/secproyectoFinanciamiento/archivos/DPPfinanciamientofinal.pdf

        NGO / Activist Report, Contadores Forenses, Patrimonial control over parties, 2011, Out of period. Complementary, http://contadoresforenses.blogspot.com.ar/2011/09/control-patrimonial-de-los-partidos.html

        NGO / Activist Report, Contadores Forenses, Political parties: forensic accountants investigate money laundering, 2011, Out of period. Complementary, http://contadoresforenses.blogspot.com.ar/2011/10/contadores-forenses-oficiales.html

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        Score
        --
        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        The system of political financing in Argentina has undergone major changes over the past ten years. The first reform after the return to democracy took place in 2002 with the enactment of Law 25 600, in a context of deep distrust from citizenry towards political parties. This law represented a major breakthrough because, among other things; - Removed the anonymity of donations, - Introduced the use of the Internet as a publication mechanism, - Regulated the right of access to information on funding information, - Forced political parties to file a pre-election report to facilitate informed vote.

        This law was enforced only in the elections of 2003 and 2005. In late 2006 the Argentine Congress passed a new finance law, Law 26 215, in a context of consolidation of kircherismo power, which repealed the previous introducing minor changes and some setbacks, such as: - Unification of campaign and ordinary bank accounts, which makes money movements less transparent. - The elimination of candidates as obligated by law or made.

        The year 2009 saw the last major reform, from the enactment of Law 26,571, entitled "Democratization of political representation, transparency and electoral equity " This law led to significant changes to the Electoral Code and to the political parties financing Law, 26 215. Among the most important we can mention: - Introduced the simultaneous and mandatory open primary, which impacted on the entire electoral system, and produced changes in terms of the duration of campaigns. - Prohibited contributions from corporations for election campaigns, but not for the regular funding. - Prohibited hiring and selling radio spots and television to transmit election advertising. The political parties and candidates cannot acquire, by themselves or through third actors spaces in any form of radio or television to promote electoral purposes. They can only use those distributed freely by the National Electoral Board. This reform responded to an intent ofkirchnerismo to limitate the influence of a very rich candidate who had won the 2007 legislative elections through a very expensive media campaign. - It increased to 50% the portion of the public campaign funds that are distributed equally to each of the parts lists and reduced the percentage distributed according to the votes obtained by each party in the previous election. - Rose funds for printing ballots from 1 to 1.5 ballots per voter registered in each district. - Modified the timing of the election campaign, now starting 30 days before the primary, and thirty-five (35) days before the general election and ending 48 hours before the start of each poll. It is absolutely forbidden to campaign outside this period.

        As regards reform bills presented to the National Congress, 68 drafts have been presented in the Representatives House, and 6 in the Senators’ House (according to their official searching tools). These propose a variety of reforms, which can be categorized in general terms as follows: - Clarifications regarding competence of National Electoral Justice to judge electoral offenses. - Incorporation of presidential debate as a condition to receive public funds. - Determination of the value of the electoral module. - Modification of the criteria for the distribution of public funds. - Correction of inaccuracies or mistakes in the current regulation. - Incorporation of public funding to the election of Mercosur representatives. - Transfer of attributions from National Electoral Direction to National Electoral Chamber - Incorporation of public funding to the election of Mercosur representatives. - Transfer of attributions from National Electoral Direction to National Electoral Chamber

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources

        Law 25 600, political parties financing – Repealed, 2002, http://www.infoleg.gob.ar/infolegInternet/anexos/75000-79999/75022/norma.htm

        Law 26215, political parties financing, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 26571, democratization of political representation, transparency and electoral equity, http://infoleg.mecon.gov.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

        House of Representatives, reform bills regarding political financing, 2004 – 2014, search in response to words “26.215” and “financiamiento partidos”, http://www.diputados.gov.ar/frames.jsp?mActivo=proyectos&p=http://www1.hcdn.gov.ar/proyectos_search/bp.asp

        House of Senators, reform bills regarding political financing, 2004 – 2014, search in response to words “financiamiento partidos”, http://www.senado.gov.ar/parlamentario/parlamentaria/avanzada

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Center for the implementation of public policy for equity and growth ,CIPPEC, Campaign financing, 2014, http://cippec.org/oear/sec_proyectoFinanciamiento/index.php

        Out of period, complementary source: Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

        Out of period, complementary source:Center for the implementation of public policy for equity and growth, CIPPEC, An evaluation of the new advertising regime for elections, 2011, Out of period, http://cippec.org/oear/secproyectoFinanciamiento/archivos/DPPfinanciamientofinal.pdf

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    Third Party Actors

    More about category
    composite
    41
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      Applicability of the Law to Third-Party Actors
      More about category
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        Score
        YES
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        There are no laws requiring such reporting. However, only political parties are officially empowered to solicit contributions or make expenditures directly related to an electoral campaign. The political party, represented by its electoral campaign responsible and treasurer is exclusively authorized to do this, and therefore, the only one who reports. Responsible agents defined by the party are the only ones in charge of campaign reports:

        “Law 26 215, Article 27 -. Responsibles. In prior to the start of the election campaign, political groups who nominate candidates for elective public office shall appoint two (2) economic and financial leaders, meeting the requirements of Article 18 of the Law on Financing of Political Parties, 26,215, who will be jointly responsible with the Treasurer, for compliance with the laws, regulations and applicable techniques. The designations shall be notified to the relevant federal judge with electoral jurisdiction, and to the Ministry of Interior and Transportation.” Moreover, expenses on advertising in favour of a candidate or party not hired by the campaign responsible are expressly prohibited by Article 49, Law 26 215.

        ARTICLE 49 -. Expenditure on advertising. Advertising expenditure campaign by third actors is expressly prohibited. The procurement of election advertising that is not reached by the prohibition in Article 43 is exclusive for economic and financial responsible, who must endorse the respective orders in the final report. It is important to clarify there is no legal entity in Argentina such as the Political Actions Committees.

        As regards contributions from other third party actors such as unions or foundations, they are specifically banned by two articles in Law 26 215, both for electoral periods or regular activites. The first one, Article 15 establishes: “ARTICLE 15 - Limitations. Political parties may not accept or receive, directly or indirectly: a) Anonymous contributions or donations. Parties shall not allow contributions or donations with no disclosure of the identity of the taxpayer or donor; b) Contributions or donations from centralized or decentralized entities, be they national, provincial, interstate, bi-or multilateral, or of the city of Buenos Aires; c) Contributions or donations from corporations holding contracts with the State of the nation, provinces, municipalities or the city of Buenos Aires; d) Contributions or donations from persons or legal entities who operate gambling; e) Contributions or donations from foreign governments or public entities; f) Contributions or donations from persons who are not resident or domiciled in the country; g) Contributions or donations from persons who are required to make the contribution by their superiors or employers; h) Contributions or donations from trade unions. The restrictions stated in this article also include private contributions to the Permanent Partidary Fund.”

        The second relevant article, 44 bis, establishes no legal entity is allowed to donate to political campaigns: “Private financing. (…) Donations or contributions from legal entities to political parties are banned.“ This ban affects every legal entity, such as foundations, think tanks, unions, etc.


        Peer reviewer comment: Disagree, suggests a 0 score. No legislation mandates that third party actors report their independent expenditures to an electoral authority. As the following indicators demonstrate, there are instances in which third party actors have undertaken advertising in support of parties, and no reporting has been required.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 15, 27 and 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

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        25
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        Non-political party actors are not allowed to solicit contributions or make expenditures directly related to an electoral campaign. This being the case, there is no law requiring such reporting. Therefore, no such reports are made practice.

        The political party, represented by its electoral campaign responsible and treasurer is the only authorized to do this, and therefore, the only one who reports. Additionally, advertising expenditure campaigns by third actors is prohibited. It is important to clarify there is no legal entity in Argentina such as the Political Actions Committees. While there is no clear political expenditure by third-parties legally allowed, unions usually support candidates and political parties for elections, with public demonstrations or participanting in public acts, but they can't finance finance advertising campaigns and such public acts and demonstrations are not reported as campaign contributions.

        However, in the last campaign -2013 parliamentary elections- there was clear example of outside advertising expenditure that was not reported: A few days before the primary elections, a member of the Frente para la Victoria -Kirchner's party- Mr. Albistur, who is the owner of an Advertising Agency named "Equipos de Difusión", and who had been Communications Secretary during Kirchner's administration, launched a public campaign through billboards that were distributed in Buenos Aires City and the main cities in the Province of Buenos Aires.The campaign pictured Pope Francis, President Cristina and the main candidate of FPV for national deputy in Buenos Aires province. The "signature" of the campaign was "Equipos de Difusión".

        The candidate and other leaders -like Mariotto vice-gobernor of Buenos Aires province- immediately said the billboard campaign was neither organized nor part of the official campaign. The author of the campaign declared that he needed no permission to print and to distribute the pictures. He said he did so as a member of the party, because until that moment the campaign had been boring.

        Mr Albistur did not report that to any authority, as there is no law regulating this issue. And the party did not recognize these ads as part of the campaign, so it did not report on them.

        There was one complaint filed at the Buenos Aires City Federal Electoral Judge, asking her to issue a restriction order against the use of the image of Pope Francis and against Cristina Kirchner using her official activity (her visit to the Pope with the main FPV candidate) as part of the campaign. No resolution was adopted by the judge. The issue became "abstract" -in legal terms- a week after when the primary elections took place.

        Also there are some are suspicions among the experts on the subject and journalists that not all funding received by the parties is actually declared in campaign reports. Some believe that corporations are still donating to political parties and candidates for electoral purposes. However, these offenses are very difficult to prove, without documented instances of official violation or sanctioning in this area.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City

        Hernán Goncalves Figuereido, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, Buenos Aires City.

        Law 26215, political parties financing, Article 15, 27 and 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

        News article, Laura Di Marco, Alberto Föhrig: "There are political actors who are accomplice of drug trafficking and no iniciatives to stop them", La Nación, 27/10/2013, http://www.lanacion.com.ar/1632442-alberto-fhrig-hay-actores-politicos-complices-del-narcotrafico-y-ninguna-iniciativa-para-enfrentarlo

        News article, La Nación, Norberto Oyarbide dismissed the charges on ex collectors of Cristina Kirchner's campaign, 01/04/2014, http://www.lanacion.com.ar/1677227-norberto-oyarbide-sobreseyo-a-ex-recaudadores-de-la-campana-de-cristina-kirchner

        News article, La Nación, Juan José Zanola goes to oral trial for medicine's mafia, 04/09/2013, http://www.lanacion.com.ar/1616812-juan-jose-zanola-ira-a-juicio-oral-por-la-mafia-de-los-medicamentos

        News article, Hernán Cappiello, Medicine's mafia goes to trial, La Nación, 05/09/2013, http://www.lanacion.com.ar/1616966-va-a-juicio-la-mafia-de-los-medicamentos

        News article, Juan Ignacio Irigaray, Cristina Kirchner, acussed of receiving money from the medicine's mafia, El Mundo, 08/09/2009, http://www.elmundo.es/elmundo/2009/09/08/internacional/1252437006.html

        Additional Sources: Hugo Alconada Mon: "Los secretos de la valija", Ed. Planeta, Bs.As., 2009. Andrés Klipphan: "Remedios que matan. La mafia de los medicamentos", Ed. Aguilar, Bs. As., 2010. Emilia Delfino and Rodrigo Alegre: "La Ejecución", Ed. Sudamericana, Bs. As, 2011.

        "Albistur defendió los afiches de Cristina e Insaurralde con el Papa", laverdadonline.com. 3 August 2013. http://www.laverdadonline.com/noticia-37067.html

        "Albistur complica a Insaurralde con carteles del Papa" LaPoliticaOnline, July 31, 2013. http://www.lapoliticaonline.com/nota/71537/

        "El kirchnerismo ya tiene afiche con el Papa, pero Insaurralde asegura que no es campaña", Clarin. July 31, 2013. http://www.clarin.com/politica/Papa-campana-Insaurralde0965903627.html

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        36
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        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        Non-political party actors are not allowed to solicit contributions or make expenditures directly related to an electoral campaign. Therefore, they do not report in practice. In the case of unions, they present their annual expenses to the Ministery of Labour and Social Security, and they are not published online. These contain overall financial information, but do not require any special information around political campaigns.

        The political party, represented by its electoral campaign responsible and treasurer is the only one authorized to do this, and therefore, the only one who reports. Additionally, advertising expenditure campaigns by third actors is expressly prohibited. It is important to clarify there is no legal entity in Argentina such as the Political Actions Committees. While there is no clear political expenditure by third-parties, unions usually support candidates and political parties for elections, with public demonstrations or participanting in public acts, but they can't finance finance advertising campaigns and such public acts and demonstrations are not reported as campaign contributions.

        As noted in #35, in the last campaign -2013 parliamentary elections- there was clear example of outside advertising expenditure that was not reported: A few days before the primary elections, a member of the Frente para la Victoria -Kirchner's party- Mr. Albistur, who is the owner of an Advertising Agency named "Equipos de Difusión", and who had been Communications Secretary during Kirchner's administration, launched a public campaign through billboards that were distributed in Buenos Aires City and the main cities in the Province of Buenos Aires.The campaign pictured Pope Francis, President Cristina and the main candidate of FPV for national deputy in Buenos Aires province. The "signature" of the campaign was "Equipos de Difusión".

        The candidate and other leaders -like Mariotto vice-gobernor of Buenos Aires province- immediately said the billboard campaign was neither organized nor part of the official campaign. The author of the campaign declared that he needed no permission to print and to distribute the pictures.

        Mr Albistur did not report that to any authority. And the party did not recognize these ads as part of the campaign so it did not report on them, and thus the financial information relating to such expenditures were not made available to the public.

        Also there are some are suspicions among the experts on the subject and journalists that not all funding received by the parties is actually declared in campaign reports. Some believe that corporations are still donating to political parties and candidates for electoral purposes. However, these offenses are very difficult to prove, without documented instances of official violation or sanctioning in this area.


        Peer reviewer comment: Agree The information is not publicly available and obtaining it in the case of investigative journalism may take much more than 3 months, sometime years of investigation.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City

        Hernán Goncalves Figuereido, National Electoral Chamber, Judiciary Pro Secretary, 19/07/2014, CABA, Personal.

        Law 26215, political parties financing, Article 15, 27 and 44 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 23 551, Trade Unions Law, Article 24, http://www.infoleg.gov.ar/infolegInternet/anexos/20000-24999/20993/texact.htm and http://www.trabajo.gov.ar/downloads/acciones/RES3753_19-10-2006.pdf

        "Albistur defendió los afiches de Cristina e Insaurralde con el Papa", laverdadonline.com. 3 August 2013. http://www.laverdadonline.com/noticia-37067.html

        "Albistur complica a Insaurralde con carteles del Papa" LaPoliticaOnline, July 31, 2013. http://www.lapoliticaonline.com/nota/71537/

        "El kirchnerismo ya tiene afiche con el Papa, pero Insaurralde asegura que no es campaña", Clarin. July 31, 2013. http://www.clarin.com/politica/Papa-campana-Insaurralde0965903627.html

        Reviewer's sources: Hugo Alconada Mon: "Los secretos de la valija", Ed. Planeta, Bs.As., 2009. Andrés Klipphan: "Remedios que matan. La mafia de los medicamentos", Ed. Aguilar, Bs. As., 2010. Emilia Delfino and Rodrigo Alegre: "La Ejecución", Ed. Sudamericana, Bs. As, 2011.

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        37
        Score
        --
        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        Individual citizens are the only ones which can donate to political campaigns. No legal entities are allowed by law to contribute to political financing. Argentinian law does not contemplate the figure of Political Actions Committees and the law specifically bans any legal entity doing contributions. Additionally, advertising expenditure campaigns by third party actors is expressly prohibited. While there is no clear political expenditure by third-parties, unions usually support candidates and political parties for elections, with public demonstrations or participanting in public acts, but they can't finance finance advertising campaigns or donate and such public acts and demonstrations are not reported as campaign contributions.

        However, experts agree that corporations are still donating, illegally, to electoral campaigns and candidates. The prohibition established in 2009 did not change this situation, but made the process less transparent. Some experts also fear that there are relationships between organized crime and the financing of campaigns, as in the case being investigated in the Frente para la Victoria campaign of 2007. Even though media reports reflect these suspicions, these are very difficult to prove.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        News article, Mendoza Transparente, Money laundering in the 2007 FPV's electoral campaign, 13/08/2014, http://www.mendozatransparente.com.ar/noticias/ahoralijovaporcristina

        News article, Daniel Santoro, A prosecutor refuted the expenses on FPV's electoral campaign, Clarín, 30/04/2010, http://edant.clarin.com/diario/2010/04/30/elpais/p-02189637.htm

        News article, Delia Ferreira Rubio, The myth of the costs reduction, Clarín, 19/10/2011, Out of period, http://www.clarin.com/elecciones/mito-reduccion-costos0575342521.html

        Additional Sources: Delia Ferreira Rubio: "Argentina: two cases" published in CASAS-ZAMORA, Kevin. (ed): "Dangerous Liaisons. Organized Crime and Political Finance in Latin America and Beyond", Brookings Institution Press, Washington DC, 2013, Chapter 2, pp 22-42.

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    Monitoring and Enforcement

    More about category
    composite
    76
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      Monitoring Capabilities
      More about category
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        38
        Score
        YES
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        National Electoral Justice is in charge of control and oversees political parties' financial information following what was established in Law 26 215. It is formed by 24 federal courts with jurisdiction over each of the 23 provinces and the City of Buenos Aires, and a single court of appeals, which is called the National Electoral Chamber, and is the highest authority on electoral issues, with jurisdiction over all the country (Law 19.108, Article 5). It is composed by three judges and counts with two Secretaries (electoral and judiciary), and a Corps of Accountants Auditors. Both the 24 federal courts with electoral competence and the National Electoral Chamber are part of the National Justice. This means they are independent from any political party (Law - decree 1285/58).

        The federal courts are in charge of monitoring the financial information in the first instance. To complete this task, the Corps of Accountants Auditors prepares a report around information provided by each party. The Federal judge uses this analysis to determine whether political parties’ reports are approved or rejected, and in that case, sanctioned (Law 19 108, Article 12, c). This implies that National Electoral Justice not only receives the political financing reports, but also has the authority and mandate to investigate, audit, and sanction the parties.

        The audit is performed by the Corps of Auditors, which responds to the National Electoral Chamber. In case there is a specific accusation made by any actor (political party, citizen), or a decision of a judge, they can deepen the review of the report. The Corps of Auditors receives instructions from National Electoral Chamber and Federal Judges from each district.

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources

        Law - decree 1285/58 - Organization of National Justice, 1958, http://www.pjn.gov.ar/02_Central/ViewDoc.Asp?Doc=50946&CI=INDEX100

        Law Nº 19.108, National Electoral Justice 1971, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129715/texact.htm

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        39
        Score
        YES
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        National Electoral Justice is in charge of control and oversees political parties financial information following what established in Law 26 215. The system consists of 24 federal courts with jurisdiction over each of the 23 provinces and the City of Buenos Aires, and a single court of appeals, denominated National Electoral Chamber, being the highest authority on electoral issues, with jurisdiction over all the country (Law 19.108, Article 5). It is composed by three judges and counts with two Secretaries (electoral and judiciary), and a Corp of Accountants Auditors. Both the 24 federal courts with electoral competence and the National Electoral Chamber are part of the national Judicial Branch and is subject to the general rules that applies to it. The selection, nomination and appointment of both Federal Electoral Judges and the members of the National Electoral Court follows the same public procedures used for the selection, nomination and appointment of all national judges and courts, except the Supreme Court.

        They are independent from any political party (Law - decree 1285/58), and their appointment follows an established procedure. According to what established in Law 19.108, Article 2, the National Electoral Chamber shall be composed of three judges who, in addition to meeting the standards of Article 5 of Decree-Law 1 285/58, should not have been partidary authorities until four years before the date of appointment. Then, Decree-Law 1 285/58 establishes on its Article 5: “To be a judge of the Federal Court of Criminal Appeal of the National Court of Cassation, Criminal and Correctional Matters of Buenos Aires City, the courts require a person to be an Argentine citizen, an attorney with a valid title, he or she must have six years of professional practice or judicial experience and be at least thirty years of age.” The qualifications of the potential judges are assesed during an anonymous exam, and then evaluated by the Counselor of the Magistracy Council.

        Decree-Law 1285/58 regulates conflicts of interests for all members of the Judiciary. Judges or members of Courts shall not participate in political activity; they shall not perform any professional activity except for teaching at unversities; they shall not act as attorneys except in defense of their own rights or those of their direct family; they shall not be neither public nor private employees, they shall not have business activity. Members of the Judiciary shall not participate in gambling, nor attend premises like casinos or other gambling houses (Decree-Law 1258/58, Art. 9).

        Apart from the criteria, this law also establishes the procedure followed to select all judges: “Article 2 - The judges of the Nation are appointed by the President of the Nation in agreement with the Senate and during the recess of Congress, seconded until the next legislature. Compensation shall be uniform for all judges of the same instance, regardless of their function. This principle also applies to the compensation of all officers and employees of national justice.” Members of the Judiciary (low court jugdes and appeals or cassassion court judges are selected by the Magistracy Council through a merit-based selection process. The Council sends the Executive a choice of selected candidates ordered by merit. The Executive has the authority to nominate one of the candidates or reject all and ask the Council for another list. Once the Executive has nominated a candidate the Senate shall endorse the nomination and then the judge is formarlly appointed by the Executive. ( Law 24 937 - Creation of the Magistracy Council, Art 13).

        Both the criteria and the procedure apply for judges of the National Electoral Chamber and each of the federal judges in charge of each district (Article 11, Law 19 108).

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources

        Argentinian Constitution, Article 114, 1994, http://infoleg.mecon.gov.ar/infolegInternet/anexos/0-4999/804/norma.htm

        Law - decree 1285/58, Organization of National Judiciary, Article 2, 5 and 9, 1958, http://www.pjn.gov.ar/02_Central/ViewDoc.Asp?Doc=50946&CI=INDEX100

        Law 19 108, National Electoral Justice, Article 2, 5 and 11, 1971, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129715/texact.htm

        Decree 816, Article 7, 1999, http://www.infoleg.gob.ar/infolegInternet/anexos/45000-49999/48231/texact.htm

        Law 24 937, Magistracy Council, Article 13, 1999, http://www.infoleg.gob.ar/infolegInternet/anexos/45000-49999/48231/texact.htm

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        40
        Score
        50
        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        High-level appointments, both National Electoral Chamber authorities and Federal Judges, are merit based, and selected through a public vetting process. The most recent appointment to the National Electoral Chamber occured in 2001, with the appointment of the Judge Santiago Corcuera.

        Nevertheless, this situation is overshadowed by the fact that federal judges are not only in charge of electoral matters, but any federal crime. Thus, when they are selected through the public vetting process, the selection does not focus on electoral matters. Therefore, even if they go through this process, it does not necessarily confirm that they have the most merit on electoral issues.


        Peer Reviewer comment: Two problems have to be mentioned in terms of practice. 1º) Only National Electoral Court has exclusive jurisdiction on electoral and party matters. The 24 Federal Judges have both jurisdiction on electoral and party issues and the overall jurisdiction on federal offenses (including corruption cases). The merit based criteria for the selection of federal judges do not always include electoral expertise. 2º) Although there is a merit-base selection done by the Magistracy Council, the Executive has the authority to nominate any of the candidates listed by the Council despite the merit order provided by the Council. Sometimes the candidate with the most merits is not the one nominated by the Executive to be presented for Senate's endorsement.

        Although there is a merit-base selection done by the Magistracy Council, the Executive has the authority to nominate any of the candidates listed by the Council despite the merit order provided by the Council. Sometimes the candidate with the most merits is not the one nominated by the Executive to be presented for Senate's endorsement, which has happened.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        News article, Clarín, First judge designated through the Magistracy Council, 10/05/2001, http://edant.clarin.com/diario/2001/05/10/p-00701.htm

        Law 19 108, National Electoral Justice, Article 5 and 11, 1971, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129715/texact.htm

        Reviewer's sources: Telephone Interviews with 3 judges, a former Senator, a former judge and an Advisor at the Magistracy Council. All of them requested anonymity. Buenos Aires, September 2014.

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        41
        Score
        YES
        In law, the independence of high-level appointees is guaranteed.More about indicator

        The independence of the high-level appointees is guaranteed as they are part of the Judiciary Branch (Law - decree 1285/58). They are not required to seek approval from either the executive or the legislature to make decisions to undertake investigations, audits, or other actions necessary in monitoring political finance compliance. Their permanence of the judges in their positions is lifelong, both at the federal leval and at the National Chamber, and they can only be removed for bad exercise of their functions or the commitment of a crime (Law - decree 1285/58). This removal is made through a political trial, conducted by the Magistracy Council, which must give the accused fair conditions to have an appropriate defense (Law24 957, Article 18). Causes of bad exercise of the functions are listed in Law 24 957, Article 25 and include but are not limited to: - The ignorance of the law. - Breaking the Constitution, laws or regulations repeatedly.
        - Severe negligence in the performance of their duties. - The performance of acts of apparent arbitrariness in the exercise of their functions. - Serious personal behavior disorders. - Abandonment of their duties. - Repeated application of disciplinary sanctions. - Physical or mental inability to do the job.

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources

        Law - decree 1285/58 - Organization of National Justice, 1958, http://www.pjn.gov.ar/02_Central/ViewDoc.Asp?Doc=50946&CI=INDEX100

        Law Nº 19.108, National Electoral Justice 1971, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129715/texact.htm

        Law 24 937, Magistracy Council, Article 18 and 25, 1999, http://www.infoleg.gob.ar/infolegInternet/anexos/45000-49999/48231/texact.htm

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        42
        Score
        75
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        The National Electoral Chamber works with Independence. Their members are granted security of tenure, and no one has ever been removed or transferred by political pressure or interferences of another branches.

        However, there is a situation that impacts on their independence and capability to perform their work correctly. They do not count with budgetary autonomy as regards the electoral process. These funds are assigned by the National Electoral Direction, dependant on the Minister of the Interior. This restricts their functioning, and could possibly impact on their independence. This also applies to Federal Judges of each district. They depend on the National Electoral Direction to receive, for example, extra funds for hiring more public officers for electoral periods. To solve this situation, the National Electoral Chamber has recently issued a resolution (Resolution 90/2014) asking the Magistracy Council and the Supreme Court to include a specific category in the Judiciary Budget for electoral process. The current situation had given the Executive Branch and the Ministry of Interior high discretion in the assignment and transfer of such funds.

        There are some suspiciouns from journalism and NGO around pressures from national government to federal judges, though not necessarily those who are actually in charge of electoral matters. These judges are being accused on the basis of a wide consideration of the “bad exercise of their functions figure”. This is however relevant, as they are in the same conditions and could suffer from these pressures in case they make decisions which affect national governments interests.


        Peer Reviewer Comment: Agree. During the last decade formal tenure is guaranteed but there is a climate of fear at the federal courts in particular. No judge would admit that publicly but they do admit the pressure off the record. Some cases -not particularly related to electoral judges- have shown publicly what happens to judges or prosecutors who adopt decisions that affect the Executive. The last case was the intent to remove a public prosecutor -Mr. Campagnoli- who had lead a successful investigation and prosecution in a case of money laundring which affected some cronies of the Exectuve and some of the Ministers' family. The process was undue and irregular and it is still open. There are subtle manouvers of pressure against judges through denounces at the Magistracy Council: investigation processes begin and are kept open and without resolution as a threat against judges' tenure.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Interview with government oficial who requested anonymity, Buenos Aires City, 2014.

        News article, The National Electoral Chamber claims for its own funds for electoral process, Infobae, 26/08/2014, http://www.infobae.com/2014/08/26/1590401-la-camara-electoral-reclama-fondos-propios-organizar-las-elecciones

        National Electoral Chamber, Extraordinary Resolution 90/2014, Funds for National Electoral Chamber for electoral process, 26/08/2014, http://www.infobae.com/2014/08/26/1590401-la-camara-electoral-reclama-fondos-propios-organizar-las-elecciones

        News article, Santiago Farella, Three federal judges under revision of the Magistracy Council, Infobae, 30/03/2014, http://www.infobae.com/2014/03/30/1553772-tres-jueces-federales-la-mira-del-consejo-la-magistratura

        News articles research for pressures on national electoral chamber judges, national and local media, July – August 2014.

        Decree 760/2013, 2013, Regulation of electoral campaigns regime, http://www.infoleg.gob.ar/infolegInternet/anexos/215000-219999/216456/norma.htm

        Reviewer's sources: News article: "El caso Campagnoli preocupa a la Justicia", La Nación, 12-03-14 http://www.lanacion.com.ar/1671390-el-caso-campagnoli-preocupa-a-la-justicia

        News article: "Preocupaciòn entre los jueces federales por la avanzada oficial", La Nación, 23-03-14 http://www.lanacion.com.ar/1674748-preocupacion-entre-los-jueces-federales-por-la-avanzada-oficial

        News article: "Campagnoli fue restituido en su cargo pero el juicio en su contra continuará", La Nación, 18-7-14 http://www.lanacion.com.ar/1710961-campagnoli-fue-restituido-en-el-cargo-pero-el-juicio-en-su-contra-continuara

        Telephone Interviews with 3 judges, a former Senator, a former judge and an Advisor at the Magistracy Council. All of them spoke off the record with the Peer Reviewer. Buenos Aires, September 2014.

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        Open Question: How does decision-making work in the oversight authority?More about indicator

        The National Electoral Justice is responsible for all matters relating to the organization, direction and control of the electoral process, as well as over the control of political parties financial information following what established in Law 26 215. It is formed by 24 federal courts with jurisdiction over each of the 23 provinces and the City of Buenos Aires, and a single court of appeals, denominated National Electoral Chamber, being the last one the highest authority on electoral issues, with jurisdiction over all the country (Law 19.108, Article 5).

        The National Electoral Chamber is composed by three judges and counts with two Secretaries (electoral and judiciary), and a Corp of Accountants Auditors. The three Judges gather weekly in what is called Accord (or Acuerdo). This is the instance in which they make administrative and judiciary decisions. To issue a resolution it is only required simple majority (2 votes of 3), but they usually agree and resolve by unanimity.

        The administration of the electoral process is mainly in charge of the federal judges. The National Electoral Chamber can issue general directions regarding administrative process, but Federal Judges can apply them according to their criteria. Federal Judges are in Argentina extremely powerful, and not always willing to receive orders from the National Electoral Chamber. This flexibility generates some obstacles and complaints. For example, in the case of electoral observation, the National Electoral Chamber issued a resolution for which allows NGO to observe the electoral process. In 2013, even though the Chamber authorized the participation of Poder Ciudadano and 120 volunteers in Buenos Aires City, the Electoral Junta, led by the Federal Judge of the district, prohibited their participation a day before the election, with no legal justification.

        This flexibility does not apply to judiciary decisions. If a political party appeals a resolution from a Federal Judge, the National Electoral Chamber resolves and this resolution is mandatory and must be respected by every Federal Judge. The decisions of the National Electoral Chamber may be reviewed by the Supreme Court of Justice only via special appeal when the interpretation of a constitutional norm is in doubt. Approximately 13% of the decisions of the National Electoral Chamber are appealed and only a small number of cases have been dismissed by the Supreme Court.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources

        Law Nº 19.108, National Electoral Justice, 1971, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129715/texact.htm

        National Electoral Chamber, Acordada CNE Nº 125/2010 del 07/12/2010, 2010, Modification of functional structure of Secretary of Electoral Acting, http://www.elecciones.gov.ar/normativa/archivos/AE_125-10.pdf

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        News article, La Nación, Poder Ciudadano denounced Buenos Aires Electoral Justice restricted the participation of 92 observers, 10/25/2013, http://www.lanacion.com.ar/1632595-poder-ciudadano-denuncio-que-la-junta-electoral-nacional-de-la-ciudad-prohibio-la-participac

        News article, Infobae, Poder Ciudadano denounced the amount of observers permitted was reduced, 10/25/2013, http://www.infobae.com/2013/10/25/1518979-poder-ciudadano-denuncio-que-le-achicaron-la-cantidad-observadores-los-comicios

        News article, Infobae, Poder Ciudadano will not control Buenos Aires City elections, 10/26/2013, http://www.infobae.com/2013/10/26/1519187-poder-ciudadano-no-podra-controlar-las-elecciones-portenas

        Complementary source: Academic article, Alberto Dalla Vía, Interaction between electoral justice and political parties in electoral periods, 2012, http://www.oas.org/sap/docs/DECO/7_EMBs/presentaciones/Presentaci%C3%B3n%20Dalla%20V%C3%ADa%20ESPA%C3%91OL%20revisada%20a%20posteriori.pdf Complementary source: Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

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        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        Law 19 108 (Article 4, d) establishes the Corps of Accountant Auditors, dependent on the National Electoral Chamber, must receive 5% of permanent funds distributed by the National Electoral Direction to perform its duty. The National Electoral Chamber always receives these funds (Resolution 19/2014), but this money cannot be used to hire more auditors. These funds can only be used for other expenses, such as computers, software development, or training for example. The Corp of Auditors counts today with 9 highly profesional Auditors, which must audit reports and annual balances from 32 national parties and 562 district parties. There is sufficient budget to collect and file incoming political finance reports and they can recognize when required reports are not submitted. There is no backlog of reports waiting to be analysed. In 2013 the Corps of Auditors delivered 1710 verdicts on reports’ analysis, and the National Electoral Chamber issued 67 resolutions over appeals on the Federal Judges resolutions regarding these reports. Additionally, they randomly select some contibutors to make a deeper investigation. They call them to confirm they made that contribution. While they have the capacity to completely review all reports, they do not have the same capacity to monitor what parties do not report, but can only do this in a limited fashion.

        Experts tend to believe there is not enough budget and staff to check on the expenditures and contributions that parties do not report. To achieve this, the National Electoral Chamber would need more budget and independence in the way it receives these funds. These means they cannot depend on the National Electoral Direction to receive these funds, as this is a serious restriction to the independence and functioning.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources

        National Electoral Chamber, Recognised parties, 16/05/2014, 2014, http://www.electoral.gov.ar/pdf/partidos_reconocidos.pdf

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        News article, Adrián Ventura, Electoral Justice want to have a better control of contributions to electoral campaigns, La Nación, 19/08/2014, http://www.lanacion.com.ar/1719784-la-justicia-electoral-quiere-hacer-un-mayor-control-de-los-aportes-para-las-campanas

        Complementary source: Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, Out of period, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

        Law Nº 19.108, National Electoral Justice, 1971, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129715/texact.htm

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        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        The Corps of Accountants Auditors performs a complete audit on each of the reports received. Additionally, they randomly select some contibutors to make a deeper investigation by calling contributors to confirm they made that contribution or by cross checking information provided by parties with data gathered from service or good providers. Both Federal Judges and the National Electoral Court base their decisions on Corps of Auditors' information and generally do not perform new audits, which would occur only in exceptional circumstances. These audits are submitted to the Federal Judges in each district, who use them to make their own analysis of the relevance or validity of the information submitted by each political party. The Judges issue their decision on these reports, and if the parties do not agree with this decision they appeal before the National Electoral Chamber, who audits them and decides whether to approve the report or confirm the decision of the Judge. After the 2013 elections, the Corps of Auditors issued 1710 verdicts, and the National Electoral Chamber issued 67 resolutions regarding political financing, which implied a deeper investigation or analylisis of the cases. These resolutions implied the investigation followed the judicial process until the revision of the Courts of Appeals, being this the National Electoral Chamber.

        The National Electoral Chamber also performs an audit of media to control advertising issued by the parties and to confront this information with that stated in the reports. It is important to remark that anyone can file a complaint or make a comment about the balances posted online. These observations have led to investigations that concluded on sanctions on parties.


        Peer Reviewer Comment: Agree. For instance, on June 10, 2014, the National Electoral Court decided a complaint related to June 2009 general election. Through information asked to service providers evidence was found that the party report was inaccurate and that air-transport services and hotel services had been hired and payed by the party without reporting them.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources

        Alejandra Lazzaro, National Electoral Chamber, Chamber Secretary, 13/08/2014, Buenos Aires City

        National Electoral Chamber, Media Audit, 2014, http://electoral.gob.ar/am.php

        News article, Noticias electorales, Advances in electoral transparency at the national level are not perceived in the provinces, 30/08/2014, http://www.noticiaselectorales.com/argentina-los-avances-en-materia-de-transparencia-electoral-a-nivel-nacional-no-se-perciben-en-las-provincias/

        Reviewer's sources: National Electoral Court: June 10,2014 in re "Partido Justicialista (en Frente para la Victoria) s/control de Informe de Campaña en elecciones generales - elección 28 de Junio de 2009". Cause # CNE3017096/2009.

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        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        The authorities, in this case the Federal Judges and the National Electoral Chamber, publish neither the audits made by the Corps of Accountant Auditors nor the results of the audits.

        Political financing reports prepared by each party and sanctions are published, but the final reports of the evaluation to each political party are not published online. Citizens can only have access to the final sentence, where the Judge approves or disapproves the report. This can be searched online. However, it is not easy to find the sentences, as citizens would need to know some specific details around the case in order to conduct the search. Its publication also depends on the decision of the Federal Judge correspondent to each district.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources

        Maricel Etchecoin, General Audit of the City of Buenos Aires, 16/07/2014, Buenos Aires.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

        Alejandra Lazzaro, National Electoral Chamber, Chamber Secretary, 13/08/2014, Buenos Aires City

        National Electoral Justice, Official Website, 2014, http://www.pjn.gov.ar/, and their web query system at http://scw.pjn.gov.ar/scw/home.seam. Accessed in August 2014.

        National Electoral Chamber, Official Website, 2014, http://electoral.gob.ar/. Accessed in August 2014.

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      Enforcement Capabilities
      More about category
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        YES
        In law, there are sanctions in response to political finance violations.More about indicator

        Law 26 215 clearly defines a wide range of sanctions for political parties in case of violation of each of the financial regulations (Chapter V, Articles 37, 62 to 67 bis). These sanctions can be categorized as following: - Loss of the right to receive contributions, grants and public funding of all resource. - Disqualification for the exercise of their rights to elect and be elected in national elections for president, treasurer and economic-financial responsible of the party. - Economical fines based on the infraction.

        All sanctions are defined by the National Electoral Justice. In the case of economical fines or loss of the right to receive contributions, these are administrated by the National Electoral Direction, which created for that task a Register of suspended and sanctioned political parties (Resolution 1395/2007).

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 37, 62 - 67 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Resolution 1395/2007, 2007, Creation of the register of suspended and sanctioned political parties, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129591/norma.htm

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        YES
        In law, the oversight authority has the power to impose sanctions.More about indicator

        Law 26 215 clearly defines a wide range of sanctions for political parties in case of violation of each of the financial regulations (Chapter V, Articles 37, 62 to 67 bis). All sanctions are defined by the National Electoral Justice. Federal judges have the power to impose sanctions and prosecute violations, according to Article 67: “Failure to timely and accurate submission of the information specified in Articles 22, 23 and 58 empower the judge to impose a fine for late submission equivalent to zero point two percent (0.2%) for each day of delay of all public funds that may correspond to the political group in the next distribution supporter permanent fund. After ninety (90) days of the deadline in question, the presiding judge may order the preventive suspension of all public funds, notifying the National Electoral Direction of the Ministry of Interior. Failure to comply in a timely manner the report provided for in Article 54 entitles the judge to impose a fine for late submission equivalent to zero point zero two percent (0.02%) for each day of delay of the total public funds that may correspond to the political group in the next distribution of the permanent fund, up to a maximum of nine (9) days before the polls” Law 26 215 also establishes through its Article 71 that the National Electoral Chamber acts as Court of Appeal in this matters.

        In the case of economical fines or loss of the right to receive contributions, these are administrated by the National Electoral Direction, which created for that task a Register of suspended and sanctioned political parties (Resolution 1395/2007).

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources

        Law 26215, political parties financing, Article 37, 62 - 67 bis, 71, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Resolution 1395/2007, 2007, Creation of the register of suspended and sanctioned political parties, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129591/norma.htm

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        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        Offenders usually comply with the sanctions imposed, as these are in general economical, and are automatically discounted from the money the National Electoral Direction distributes. Since 2002, there have benn more than 6.000 sanctions imposed. The Minister of the Interior created a Register of suspended and sanctioned political parties (Resolution 1395/2007), and a list of every sanctioned party is published online in the National Electoral Direction’s official website. From this publication can be observed that most of parties are repeatedly sanctioned for the same offenses, for example for presenting balances out of term.

        Even though the agents responsible for the campaign can be suspended, these sanctions are not usually applied by Federal Judges.

        The prosecution of political financing offenses has faced some obstacles lately. The campaign financing report of Frente para la Victoria from 2007 is still under revision. The Federal Judge decided no resolution could be issed before the penal investigation finalized. This implies the electoral sanctions are on hold until the justice resolves the acussations of other criminal offenses. This constitutes a very important problem for the prosecution of political financing offenses.


        Peer Reviewer Comment: Agree. Penalties, which consist in the suspension of public funds are effectively applied because it is the responsibility of the Minister of the Interior not to distribute public funds to parties that have been penalized.

        Apart from the out-of-time submission of reports, other repeated faults are: non compliance with the duty to apply 20% of public funds to capacity building activities, violation of the duty to use a unique bank account for all funds, breach of duty by party Treasurer.

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources

        Maricel Etchecoin, General Audit of the City of Buenos Aires, 16/07/2014, Buenos Aires.

        Cecilia Ferrero, Coalición Cívica, Financial Representant 16/07/2014, Buenos Aires.

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Law 26215, political parties financing, Article 37, 62 - 67 bis, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Resolution 1395/2007, 2007, Creation of the register of suspended and sanctioned political parties, http://www.infoleg.gob.ar/infolegInternet/anexos/125000-129999/129591/norma.htm

        National Electoral Direction, Sanctions to political parties, 2014, http://www.elecciones.gov.ar/admin/ckfinder/userfiles/files/situaciondelospartidospoliticosanteley%2026215al_18062014.xls

        News article, Noticias electorales, Advances in electoral transparency at the national level are not perceived in the provinces, 30/08/2014, http://www.noticiaselectorales.com/argentina-los-avances-en-materia-de-transparencia-electoral-a-nivel-nacional-no-se-perciben-en-las-provincias/

        News article, Mendoza Transparente, Money laundering in the 2007 FPV's electoral campaign, 13/08/2014, http://www.mendozatransparente.com.ar/noticias/ahoralijovaporcristina

        News article, Daniel Santoro, A prosecutor refuted the expenses on FPV's electoral campaign, Clarín, 30/04/2010, http://edant.clarin.com/diario/2010/04/30/elpais/p-02189637.htm

        News article, Delia Ferreira Rubio, The myth of the costs reduction, Clarín, 19/10/2011, Out of period, http://www.clarin.com/elecciones/mito-reduccion-costos0575342521.html

        Reviewer's sources: National Electoral Court: Register of penalties applied. Accessed on November 17, 2014. http://www.pjn.gov.ar/cne/sancionespdflist.php

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        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        The enforcement of the regulations is good at a formal level. National Electoral Justice mainly controls what parties report. Their capability to control what parties do not report is limited. Parties receive sanctions, but this refer to what they have reported in their financial reports, and experts agree that, at least the most important parties, do not report all the money they receive and spend.

        The different criteria the Federal Judges apply is also a problem. Some are stricter and some aren’t, and this depends on their decision. The National Electoral Chamber has a limited power to impose its criteria over the Federal Judges.

        Another important restriction to the enforcement of the law is the budgetary limitation and dependence. National Electoral Chamber receives funds for electoral process directly from the National Electoral Direction, dependant on the Ministry of the Interior. This restricts its possibilities of conducting deeper investigations, and increases the interference of the Executive Branch in the electoral process.

        The sanctioning of the Law 26 215 in 2006 and its reform in 2009 introduced some setbacks, such as the unification of campaign and ordinary bank accounts, which makes money movements less transparent, and the elimination of candidates as obligated by law or made. Candidates are not affected by sanctions, and this makes it very easy for them to change parties and avoid the law. Moreover, the law presents some contradictions, which are product of an untidy reform process. The whole financial system need to be analyzed and reformed consistently. Some of the most urgent reforms are: - Parties incur on electoral expenses outside campaign period. The current law does not permit to report these expenses, as they are forbidden. A realistic approach would permit these reporting, as the law is not being effective in restraining this behavior. - Experts agree that corporations are still donating to electoral campaigns and candidates. The prohibition established in 2009 did not change this situation, but made less transparent the process. A comprehensive reform of the financial system would have to re-include them in the process. - More and better applied sanctions: though the economical fines exist and are applied, they are low and not enough to enforce the compliance of the law. Suspension of campaign’s responsible is not enough, as they are usually low level members, especially selected by the party to perform this role, and real candidates and responsible do not receive sanctions. - More autonomy and power for the National Electoral Chamber. Its dependence on funds coming from National Electoral Direction needs to be revised. - Establishing a equitable criteria for the distribution of the 20% of the permanent funds that National Electoral Direction holds to its discretion. - Include the obligation to present a preliminary report before the primary elections, such as must be done before the general elections. - Implementation of specific courts for electoral matters. This would improve the performance of Judges in charge, as they would be specialized in electoral issues. - Subnational level: even though this depends on each province, it is necessary to promote a debate between national, subnational and local level, in order to coordinate different regulations and criteria, especially when elections are hold simultaneously.


        Peer reviewer comment: Agree. The influence of organized crime in politics is one of the most important risks that Argentine democracy faces. Oversight of political finance plays a key role in addressing this challenge. Some reforms are advisable to strengthen National Electoral Justice System: -Regulation of whistleblower protection mechanisms -Collaboration among banking authorities, tax authorities and money laundering oversight agencies, both at the national and international level -Reinforce disclosure mechanisms -Strengthen the operational capacity of the Corp of Accountant Auditors.

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources

        Delia Ferreira, Transparency International, Board Member / Academic / Legal expert, 28/07/2014, Buenos Aires City.

        Pablo Secchi, Poder Ciudadano, Executive Director, 20/07/2014, CABA.

        Law 26215, political parties financing, 2006, http://www.infoleg.gob.ar/infolegInternet/anexos/120000-124999/124231/texact.htm

        Law 26571, democratization of political representation, transparency and electoral equity, http://infoleg.mecon.gov.ar/infolegInternet/anexos/160000-164999/161453/texact.htm

        News article, Laura Serra, Small and big amounts; curiosities of 2013 campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692904-sumas-pequenas-y-grandes-curiosidades-de-la-campana-2013

        News article, Laura Serra, Suggestive private donations to the last government party campaign, La Nación, 20/05/2014, http://www.lanacion.com.ar/1692911-sugestivos-aportes-privados-a-la-ultima-campana-del-oficialismo

        News article, Laura Serra, Jorge Capitanich, around La Nación investigation of campaign donations: "There's a tricky interpretation", La Nación, 21/05/2014, http://www.lanacion.com.ar/1692931-jorge-capitanich-sobre-la-investigacion-de-la-nacion-hay-una-interpretacion-capciosa

        News article, Laura Serra, Political parties, all breaking the law, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680622-los-partidos-politicos-todos-en-infraccion

        News article, Laura Serra, Informing the received donations, one of the most violated norms, La Nación, 14/04/2014, http://www.lanacion.com.ar/1680623-informar-los-aportes-recibidos-una-de-las-normas-mas-ignoradas

        News article, Luciana Geuna, King of gambling made illegal donations to the campaign of kirchnerismo, Clarín, 29/09/2013, http://www.clarin.com/politica/juego-aportes-ilegales-campana-kirchnerismo01001899859.html

        News article, Laura Di Marco, Alberto Föhrig: "There are political actors who are accomplice of drug trafficking and no iniciatives to stop them", La Nación, 27/10/2013, http://www.lanacion.com.ar/1632442-alberto-fhrig-hay-actores-politicos-complices-del-narcotrafico-y-ninguna-iniciativa-para-enfrentarlo

        News article, La Nación, Norberto Oyarbide dismissed the charges on ex collectors of Cristina Kirchner's campaign, 01/04/2014, http://www.lanacion.com.ar/1677227-norberto-oyarbide-sobreseyo-a-ex-recaudadores-de-la-campana-de-cristina-kirchner

        News article, La Nación, Juan José Zanola goes to oral trial for medicine's mafia, 04/09/2013, http://www.lanacion.com.ar/1616812-juan-jose-zanola-ira-a-juicio-oral-por-la-mafia-de-los-medicamentos

        News article, Hernán Cappiello, Medicine's mafia goes to trial, La Nación, 05/09/2013, http://www.lanacion.com.ar/1616966-va-a-juicio-la-mafia-de-los-medicamentos

        News article, Juan Ignacio Irigaray, Cristina Kirchner, acussed of receiving money from the medicine's mafia, El Mundo, 08/09/2009, http://www.elmundo.es/elmundo/2009/09/08/internacional/1252437006.html

        News article, Noticias electorales, Advances in electoral transparency at the national level are not perceived in the provinces, 30/08/2014, http://www.noticiaselectorales.com/argentina-los-avances-en-materia-de-transparencia-electoral-a-nivel-nacional-no-se-perciben-en-las-provincias/

        News article, Mendoza Transparente, Money laundering in the 2007 FPV's electoral campaign, 13/08/2014, http://www.mendozatransparente.com.ar/noticias/ahoralijovaporcristina

        News article, Daniel Santoro, A prosecutor refuted the expenses on FPV's electoral campaign, Clarín, 30/04/2010, http://edant.clarin.com/diario/2010/04/30/elpais/p-02189637.htm

        News article, Delia Ferreira Rubio, The myth of the costs reduction, Clarín, 19/10/2011, Out of period, http://www.clarin.com/elecciones/mito-reduccion-costos0575342521.html

        News article, Adrián Ventura, Electoral Justice want to have a better control of contributions to electoral campaigns, La Nación, 19/08/2014, http://www.lanacion.com.ar/1719784-la-justicia-electoral-quiere-hacer-un-mayor-control-de-los-aportes-para-las-campanas

        Complementary source: Financing of political parties in Argentina: model 2012, Delia Ferreira Rubio, December 2012, Out of period, http://www.deliaferreira.com.ar/pdf/at-partidos-politicos/FinanPP%20Argentina%202012%20-%20Revista%20Elecciones%20ONPE%20-N%C2%BA-12%20(Dic%202012).pdf

        Reviewer's sources: Delia Ferreira Rubio: "Argentina: two cases" published in CASAS-ZAMORA, Kevin. (ed): "Dangerous Liaisons. Organized Crime and Political Finance in Latin America and Beyond", Brookings Institution Press, Washington DC, 2013, Chapter 2, pp 22-42.

Argentina has national elections for a Presdiential executive and a bicameral congress. Voting in national elections is compulsory for citizens between 18 and 70 years old.

The Legislative Branch is formed by two Chambers: Representatives’ Chamber and Senators’ Chamber. Elections are partially simultaneous with presidential elections. A third of the Senate and half of the Representatives' Chamber are renewed every two years.

The Representatives Chamber is formed by 257 Deputies or Representatives, elected by half every two years. Their mandate is 4 years, and they can be re-elected indefinitely. They are elected directly by citizens in each of the 24 districts (23 provinces and Buenos Aires City) through closed list with proportional representation. To each district corresponds an specific amount of seats, according to the population.

The Senators Chamber is formed by 72 Senators. Three seats correspond to each of the 24 districts. Two senate seats per district go to the party receiving the highest number of votes, and the other seat goes to the first minority party. They are elected through a closed list, directly by the citizens of each district.

Individual candidates are not allowed to participate in elections. Only political parties can nominate candidates in national elections. Parties are the only actor allowed to receive funds and shall file complete reports on income and expenditures.

The most recent Legislative elections took place in October 2013, and the most recent simultaneous Presidential and legislative elections took place in October 2011.

The Argentine electoral system is complex because in it 25 electoral systems, one national and 24 provincial, interact. Districts can decide whether to hold simultaneous elections (for example provincial offices and national offices at the same time or separate elections for each level of positions).