Jamaica Gleaner

Campaign finance contributi­ons – an overview

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THE EMERGING wisdom on campaign financing is that there is no perfect or permanent legislatio­n that can be formulated. Whatever measures are put in place, efforts will be made to circumvent them and to find loopholes. The Electoral Commission of Jamaica (ECJ) must therefore be vigilant in carrying out its functions to achieve strict compliance with the law and recommend amendments of the law as are deemed necessary.

Here is an overview of what is campaign financing and what it entails.

WHAT IS A CONTRIBUTI­ON?

A contributi­on is any donation or gift of money (whether wholly or in part) or non-monetary resources (goods, services, or use of facilities or equipment), or any loan of funds that is made or provided to a candidate or political party for the purpose of supporting or opposing the candidatur­e of another person or for the purpose of influencin­g an election.

SOURCES AND AMOUNTS OF CONTRIBUTI­ONS/DONATIONS

The law stipulates that contributi­ons/donations can be made by or from:

a) Legal entities, (e.g., companies) and natural persons.

i) Contributo­rs may contribute a maximum of $1.5 million to each candidate and up to $31.5 million to a registered political party.

b) The Government may, where monies have been appropriat­ed for campaign financing in the approved Estimates of Expenditur­e for the current financial year, provide funding for the reimbursem­ent of election expenses incurred by:

(i) the candidates of a registered political party which meets the requiremen­ts of Section 12 and Part VB of the Representa­tion of the People Act; and

(ii) An independen­t candidate, who has received at least five percent of the votes cast in the election.

(iii) Funding shall be disbursed to a candidate, upon certificat­ion by –

a) the director, that the candidate is in compliance with the provisions of the Campaign Financing Law; and

b) the political ombudsman, that the candidate is in compliance with the Political Code of Conduct for elections.

iv) A candidate may elect, by notice in writing to the commission, not to receive funding.

c) The National Election Campaign Fund is empowered to accept and receive contributi­ons from: i) individual­s; ii) companies and other entities; and iii) Jamaican diaspora groups; The director of elections is responsibl­e for the management and administra­tion of the National Election Campaign Fund. All monies forming part of the fund shall be paid or transferre­d by the political party into a bank in Jamaica.

IMPERMISSI­BLE DONORS

In order to minimise or regulate influence peddling, as well as obviate the possibilit­y of the State and its policies being hijacked and dictated to by narrow interest groups, the following are banned from making contributi­ons/ donations to campaigns for political office:

a) any foreign or Commonweal­th government, or any agent of such government, whether directly or indirectly;

b) a public body as defined in Section 2 of the Public Bodies Management and Accountabi­lity Act;

c) an entity whose existence is, or activities are, illegal under any law;

d) a person or an entity whose identity is not disclosed to the recipient of the contributi­on;

e) a person or an entity who makes the contributi­on through an intermedia­ry; and

f) a person who, or an entity which, uses a false identity in making the contributi­on.

HOW ARE CONTRIBUTI­ONS REGULATED?

There are several methods used to regulate contributi­ons. They include the following:

• Political parties and candidates must declare to the ECJ all contributi­ons of $250,000 or more.

• Any government contracts valued at $500,000 or more, which have been entered into up to two years prior or after a contributi­on is made, must be declared to the ECJ.

• Individual­s or entities who currently hold government contracts must declare any contributi­on to the ECJ no later than 14 days of making the contributi­on.

• Individual­s or entities who are awarded government contracts after making a contributi­on must declare same to the ECJ within 14 days of entering into the contract.

• Any contributi­on/donation made by a contributo­r/donor must be accompanie­d by a declaratio­n to the candidate or political party stating the full name, address, occupation or nature of business, and that the donor qualifies to make a donation under the regulation­s. A person, whether legal or natural, who knowingly, or recklessly, makes a false declaratio­n commits an offence.

• A political party, or a candidate, shall not accept any contributi­on/ donation from an impermissi­ble donor.

• Where a political party or a candidate receives a contributi­on/ donation from an impermissi­ble donor, the donation or an equivalent amount must be returned within 30 days.

• A person who knowingly makes a contributi­on/donation to a candidate or political party which includes a contributi­on from an impermissi­ble donor shall commit an offence and shall be liable on summary conviction in a Parish Court to a fine not exceeding three million dollars or to imprisonme­nt for a term not exceeding 12 months.

• Any contributi­on/donation received whose donor is anonymous or unidentifi­able shall:

(a) if the donor has used a facility provided by an identifiab­le financial institutio­n, be returned to that financial institutio­n; or, otherwise,

(b) be sent to the accountant general for lodgement to the Consolidat­ed Fund.

• A contributi­on/donation is accepted by a candidate if it is received and retained by the candidate for the purposes of his or her campaign activities and cannot be used for personal, family or business expenses.

• Where in relation to a political party or a candidate:

(a) money is lent otherwise than on commercial terms; or

(b) any property, services or facilities are provided otherwise than on commercial terms, the value of the donation shall be taken to be the amount representi­ng the difference between the actual cost and the cost that would have been incurred by the political party, or the candidate, as the case may be, had the loan been made, or the property, services or facilities been provided on commercial terms.

• Every political party and each candidate shall submit separately to the Electoral Commission during a campaign period expenditur­e reports of contributi­ons/donations (by the registered party), and final disclosure reports (by candidates and political parties) giving all such details in respect of each donor as may be required by the Electoral Commission.

• A candidate contesting an election shall, within six weeks of election day, submit to the Electoral Commission a consolidat­ed report, in the prescribed form, detailing all contributi­ons/donations received within the campaign period.

 ??  ?? Supporters of the PNP gather outside of Gordon House before sitting of the House of Representa­tives.
Supporters of the PNP gather outside of Gordon House before sitting of the House of Representa­tives.
 ??  ?? JLP supporters campaignin­g.
JLP supporters campaignin­g.

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