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Important Legislation
 
Political Activity And Election Campaign Financing Act – III. Financing of Election Campaigns

Funding sources for financing election campaigns

Article 12

Political parties, candidates and independent lists or lists of groups of voters may finance their election campaigns from their own sources and through donations.
Political parties, independent lists or lists of groups of voters and candidates shall be obliged to publish the price, and any discount granted thereon, of media advertising for the purposes of their election campaigns within the deadline and in the manner laid down for the publication of reports on donations and costs of election campaigns referred to in Article 24 of this Act. The price, and any discount granted on the price of media advertising for the purposes of election campaigns, shall be disclosed on a form laid down in an ordinance to be passed by the Minister of Finance, which shall contain the information specifying the name of the media service provider, the number and date of the invoice issued for the provided media services, the number of media services contracted and performed, the price without the discount, the discount expressed as a percentage of the price and the amount paid after the discount.

By virtue of the provision of Article 10 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, in paragraph 1 at the end of the sentence a full stop was replaced by a comma and the following words were inserted: "within the deadline and in the manner laid down for the publication of reports on donations and costs of election campaigns referred to in Article 24 of this Act. The price, and any discount granted on the price of media advertising for the purposes of election campaigns shall be disclosed in a form laid down in an ordinance to be passed by the Minister of Finance, which shall contain the information specifying the name of the media service provider, the number and date of the invoice issued for the provided media services, the number of media services contracted and performed, the price without the discount, the discount expressed as a percentage of the price and the amount paid after the discount.".

Political parties, candidates and independent lists or lists of groups of voters specified in paragraph (1) of this Article shall be entitled to recover the costs of their election campaigns from the state budget or from the budget of a local or regional self-government unit in the manner and under the conditions set forth in this Act.
Companies providing media advertising services for the purposes of the election campaign shall deliver their advertising rates to the State Election Commission and publish them on their website.

By virtue of the provision of Article 10 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, in paragraph 4 at the end of the sentence a full stop was deleted and the words "and publish them on their website." were inserted.

Financing from own sources

Article 13

Candidates for President of the Republic of Croatia and those for municipality and city mayor, county prefect and the mayor of the City of Zagreb, as well as candidates for deputy municipality or city mayor and county prefect elected from among national minorities must, within three days from the lawfully proposed lists,  publicly disclose on their websites or on the websites of the political party that nominated them as candidates or in the press (in the case of local elections, in the local press)  indicative data on the amount and sources of their own funds they intend to use for their election campaigns.

By virtue of the provision of Article 11 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, paragraph 1 was amended.
Publication on the website referred to in paragraph 1 of this Article shall mean publication for the duration of the election campaign.

Own funds that political parties, independent lists or lists of groups of voters and candidates plan to spend on the election campaign must be transferred to a special account referred to in Article 14 of this Act.

By virtue of the provision of Article 11 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13), which entered into force on 12 March 2013., paragraph 3 was inserted after paragraph 2.

Financing through donations

- Special accounts -

Article 14

Donations made to finance the costs of election campaigns for candidates nominated by political parties to participate in elections for MP, elections for members to the European Parliament, and elections for members of representative bodies of local and regional self-government units shall be paid to a special account of such political parties to be opened for the purposes of financing their election campaign costs for each individual elections that they participate in.
When two or more political parties propose a joint list, donations for the financing of election campaign costs shall be transferred to a special account that must be opened by one of the political parties that proposed a joint list for the purposes of financing the election campaign, which is regulated in a mutual agreement between the political parties delivered to the State Election Commission.
Donations made to finance the costs of election campaigns for independent lists and candidates shall be paid into the special accounts of persons leading the independent lists or lists of groups of voters or candidates referred to in paragraph (4) of this Article.
The special accounts referred to in paragraph (3) of this Article shall be opened by:
 - candidates for President of the Republic of Croatia, regardless of whether they have been nominated by political parties or voters;
- leaders of groups of voters in elections for members to the European Parliament;
- candidates for municipality head and city mayor, county prefect and mayor of the City of Zagreb and candidates for deputy municipality head and city mayor and county prefect elected from among members of national minorities, regardless of whether they have been nominated by political parties or voters;
- leaders of independent lists in elections for MP and candidates for representatives of members of national minorities nominated by voters and associations of national minorities;
- leaders of lists of groups of voters in elections for members of representative bodies of units of local and regional self government.
Political parties, candidates and leaders of independent lists or leaders of groups of voters referred to in paragraph (4) of this Article, as well as persons planning to stand for election, shall open special accounts for the purposes of financing their election campaigns at the latest on the date of the submission of their candidature and at the earliest one year before election day, provided that the date set as election day shall be deemed to constitute the date when the election was held during the current term of office if no specific date has been set by law as election day.
Donations made to finance election campaigns may be collected solely on the accounts referred to in paragraphs (1), (2) and (3) of this Article.
In the event of failure to submit candidature or the untimely submission, invalidity, or the withdrawal of candidature, the persons who have opened their special accounts shall return any unspent donations paid into such accounts to their payers, in proportion to any amount that may have been donated.
The special account referred to in paragraph (3) of this Article shall be a personal account for special purposes (for the financing of the election campaign) opened with a selected bank in a manner and by means of a procedure laid down in the bank's general terms and conditions, and shall be intended solely for the receipt of payments by way of donations made to finance election campaigns, but not for the receipt of other payments made to account holders on any other grounds (e.g. income from self-employment or employment, etc.). Funds collected on that account by way of donations may not be used for any other purpose other than to cover election campaign costs.
In the event of enforcement against funds from the special account intended for financing the election campaigns used to cover the private expenses of candidates and leaders of independent lists or leaders of lists of groups of voters, then the candidates or the leaders of the independent lists or the heads of lists of groups of voters shall return the seized funds by paying an equal amount into the special account for election campaign financing, at the latest within 8 days from the date of the enforcement, or at the latest before closing the special account intended for election campaign financing, if fewer than 8 days remain before the expiry of the time limit for the closing of the special account.
Any bank where a special account for election campaign financing has been opened shall immediately notify the State Election Commission thereof and, at their request, submit any requested information on transactions performed on that account.
Political parties and leaders of independent lists or leaders of lists of groups of voters shall finalise all pending transactions on the special accounts for election campaign financing and close them within 30 days after the expiry of the disbursement period for the election campaign costs referred to in Article 21 of this Act.  Banks referred to in paragraph (10) of this Article shall promptly notify the State Election Commission of the closing of the special account for election campaign financing.
Political parties, independent lists or lists of groups of voters and candidates may continue collecting donations until the end of the election campaign.
Political parties, leaders of independent lists or leaders of lists of groups of voters and candidates shall immediately report to the State Election Commission any donations received after the election campaign and return such donations within 8 days following the receipt thereof and, if such return is impossible or if the donation was received from an ineligible source, they shall, within the same time limit, pay into the state budget the amount of such donation.
If, after the completion of all transactions under this Act, there are still unspent funds received from donations remaining in the special accounts for election campaign financing, the remaining amount of donations in such accounts must be paid by the political parties to the central accounts of the political party, by the leaders of independent lists or leaders of lists of a group of voters, in equal parts, into the special accounts for the regular annual financing of independent MPs or for the regular annual financing of members of the representative bodies of the local and regional self-government units elected from these lists, whereas leaders of independent lists or leaders of lists of a group of voters whose lists did not win any seats in the Croatian Parliament or in the representative bodies of local and regional self-government units, and the candidates for President of the Republic of Croatia, candidates for representatives of national minority members proposed by voters and associations of national minorities, candidates for municipality head, city mayor, county prefect and mayor of the City of Zagreb, and  candidates for deputy municipality head, city mayor and county prefect elected from among national minority members must return the amount of donations remaining in the special accounts for election campaign financing to the payers thereof, in proportion to the amount they have donated.

By virtue of the provision of Article 12 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, paragraph 14 was amended.

Article 15

The political parties that have nominated their candidates for President of the Republic of Croatia, municipality head, city mayor, county prefect and mayor of the City of Zagreb and candidates for deputy municipality head, city mayor and county prefect elected from among members of national minorities shall pay the funds required to finance the election campaigns of such candidates into the special accounts therefor, as specified in Article 14(3) of this Act.

By virtue of the provision of Article 13 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, in paragraph 1 the comma was deleted after the words “the City of Zagreb” and the words "and candidates for deputy municipality head, city mayor and county prefect elected from among members of national minorities".

The provisions of Article 11 of this Act pertaining to the maximum amounts of donations shall not apply to the amount of funds paid by political parties into the special accounts of their candidates as described in paragraph (1) of this Article.

Maximum costs of election campaigns

Article 16

The funds collected to finance election campaigns may be used solely for the purposes of election campaign activities.
The funds referred to in paragraph (1) of this Article shall not be used for covering any private costs of candidates, such as the costs of their personal attire, debt repayment, private costs of their family members, and any other costs that are not directly associated with their election campaigns for the office for which they run.
Funds from the state budget or from the budgets of local or regional self-government units which are otherwise used by candidates as officials of the Republic of Croatia or authorized local officials in the performance of their duties shall not be used for the purposes of election campaigns.
Business premises, company vehicles and office equipment of governmental bodies and local and regional self-government units shall not be used for the purposes of election campaigns, save for individuals subject to special regulations on protected persons

Maximum total amounts of election campaign costs

Article 17

The total amount of election campaign costs per candidate or per list of candidates shall not exceed the following amounts:
–  HRK 8,000,000.00 (eight million) in the case of elections for President of the Republic of Croatia;
– HRK 1,500,000.00 (one million five hundred thousand) within a single constituency in the case of the election of MPs;
– HRK 1,500,000.00 (one million five hundred thousand) in the case of the election of members to the European Parliament;
–  HRK 1,000,000.00 (one million) in the case of elections for the mayor of the City of Zagreb;

By virtue of the provision of Article 14 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, in paragraph 1, subparagraph 4, the words “500,000.00 (five hundred thousand)” were replaced by the words “1,000,000.00 (one million)”.

– HRK 600,000.00 (six hundred thousand) in the case of elections for county prefect and mayor of major cities.

By virtue of the provision of Article 14 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13) which entered into force on 12 March 2013, in paragraph 1, subparagraph 5, the words “400,000.00 (four hundred thousand)” were replaced by the words “600,000.00 (six hundred thousand)”, the comma after the words “county prefect” was deleted and the word “and” was inserted, and the words “and county seats” were deleted.

– HRK 250,000.00 (two hundred and fifty thousand) in the case of elections for city and municipality head in local self-government units with a population exceeding 10,000;
– HRK 100,000.00 (one hundred thousand) in the case of elections for city and municipal chief officials in local self-government units with populations from 3,001 to 10,000;
– HRK 50,000.00 (fifty thousand) in the case of elections for mayor and municipality head in local self-government units with a population not exceeding 3,000.
The amounts specified in paragraph (1)(iv),(v),(vi),(vii) and (viii) of this Article with regard to elections for chief officials in local and regional self-government units shall also apply to elections for members of the representative bodies of those units.
In the elections for deputy municipality head, city mayor and county prefect elected from among members of national minorities, the total amount of election campaign costs shall not exceed 50% of the amount laid down for the election campaign costs of the candidates for municipality head, city mayor and county prefect in the same units.
The total amount of election campaign costs in the elections for President of the Republic of Croatia, in the elections for municipality head, city mayor, county prefect and mayor of the City of Zagreb, and for deputy municipality head, city mayor, and county prefect elected from among members of national minorities may be increased by 20% of the total maximum amount determined in paragraph (1)(i),(iv),(v),(vi),(vii) and (viii) of this Article, or paragraph (3) of this Article for candidates who reach the second and the third rounds of elections.  The total amount of election campaign costs may be further increased by the same percentage for every subsequent election round.

By virtue of the provision of Article 14 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13), which entered into force on 12 March 2013, new paragraphs 3 and 4 were inserted after paragraph 2.

If the total amount of donations received for the financing of election campaign costs exceeds the eligible amount of election campaign costs laid down in paragraph (1) of this Article, political parties, leaders of independent lists or leaders of lists of groups of voters and candidates shall return the total amount of donations exceeding the eligible amount of election campaign costs to their payers, in proportion to the value of any such received donation not later than the time limit prescribed for the submission of the election campaign financing statement referred to in Article 34 of this Act.

By virtue of the provision of Article 14 of the Act on Amendments to the Political Activity and Election Campaign Financing Act (Official Gazette No. 27/13), which entered into force on 12 March 2013., former paragraph 3, which became paragraph 5, was amended.

IV. Recovery Of Election Campaign Costs from The State Budget or from the Budgets of Local or Regional Self-Government Units

   


Croatian Parliament 2017 Legal notice
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