What types of sanctions can be imposed for campaign finance infractions?

Regulation on Campaign Finance Disclosure byWolesi Jirga

Candidates

This regulation has been approved under theauthority of paragraph (2) of article (43) and article (66) of the ElectoralLaw to avoid violations stated in article (63) of the Electoral Law.

Any candidate, who does not submit his/herAssets’ Registration Form on the day of candidacy, his/her application fornomination will not be accepted. If a candidate fails to present his/her reportof contributions and financial expenses to the Commission at the due time,he/she shall be recognized as a

violator. In this case, the Commission shallsend the list of offending candidates to the ECC after its publication.

Source:

http://www.iec.org.af/pdf/legalframework/wj_regulations/reg_campaign_finance_disclosure.pdf

Electoral Law

Article 63

Electoral Violations

The following shall be considered as electoralviolations:

...

15. Use of funds gainedthrough illegal activities.

16. Use of foreign financial resources to influencethe stages of elections.

...

Article 64

Sanctions and Penalties

(1) The Central ElectoralComplaints Commission and Provincial Electoral Complaints Commissions shalltake one of the following measures, as appropriate, in case of electoralviolations:

1. Warning or issuing acorrective order to the violating person or organization.

2. Imposing a cash penalty asrequired up to 500,000 Afghani.

3. Making a decision to re-runan election or recount votes before certification of the results.

4. Removing the name of acandidate from the list, in case of justified reasons.

5. Invalidating ineligibleballot papers or issuing an order to recount ballots.

6. Preventing the violatorfrom working in any commission for a maximum of 10 years.

(2) The Central ElectoralComplaints Commission and Provincial Electoral Complaints Commissions may ban apolitical party or a candidate if the members or their supporters commit anyelectoral violations. Banning shall be valid only when it is founded onjustified evidence.

(3) The Central ElectoralComplaints Commission may, in addition to banning and cash penalty, refer aviolator for prosecution, if evidence of a crime is available.

(4) The execution of decisions made by the Central andProvincial Electoral Complaints Commissions relating to banning or penalties isthe duty of the relevant Electoral Complaints Commissions, the Commission andthe Government.

Source:

http://www.iec.org.af/pdf/legalframework/law/electorallaw_eng.pdf