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

Mongolia

Mongolia

Answer
Fines
Source

Law on the election of the state Great Hural of Mongolia(2011-12-15).

 

CHAPTER EIGHT Election spending

Article 39. Donations forelection

39.1. The maximum amount ofdonations to a party, coalition, or candidate may be up to one million Togrogsfrom an individual and up to three million Togrogs from a legal person.

39.2. The amount ofdonations specified in Article 39.1 hereof shall be calculated based on the sumof the funds accumulated on the accounts referred to in Article 38.1 and 38.2hereof.

39.3. The decision of alegal person to make a donation shall be made by the competent body of the saidlegal person.

39.4. Monetary donations shallbe only made through the bank accounts specified in Article 38.1 and 38.2hereof.

39.5. If a donation hasbeen made in kind, it shall be appraised in monetary terms and the resultingamount added to the total sum of donations referred to in Article 39.1 hereof.

39.6. A party, coalitionand independent candidate shall specify the amounts and forms of electiondonations in their statements on election expenses.

39.7. It is prohibited to receive donations from the following entities:

39.7.1. Foreign country’sor foreign organization (foreign party 5

of a joint organization);

39.7.2. Internationalorganization;

39.7.3. State or localself-government authority;

39.7.4. Foreign citizen;

39.7.5. Stateless person;

39.7.6. Citizen of Mongoliawho hasn’t attained the age of eighteen years on the day of announcement of theelection date;

39.7.7. Legal person whollyor partially owned by the State or local government;

39.7.8. Legal person thathas tax debts, has gone bankrupt, or has overdue bank loan debts as determinedby a court decision;

39.7.9. Labor union orreligious and other non-governmental organizations; or

39.7.10. Legal person thathas been in operation for less than one year since its establishment.

39.8. It is prohibited to distribute or sell foreign and domesticassistance goods to citizens for election campaign purposes.

39.9. In an election year,the donations made shall be only for election purposes, and thereupon it shallbe prohibited to concomitantly make donation(s) specified in Article 18.3 ofthe Political Party Law to a party or a coalition.

39.10. A citizen who hasviolated Article 39.1, 39.3, 39.4, and 39.9 hereof shall be subject to a finein Togrogs equal to three to five times the monthly minimum wage, a legalperson to five to seven times the monthly minimum wage, a party or coalitionthat has violated Article 39.6-39.8 hereof to a fine of five to seven times themonthly minimum 57 wage, an independent candidate who has violated Article 39.6hereof to a fine of three to five times the monthly minimum wage, a legalperson that has violated Article 39.7.3 and 39.7.7-39.7.10 hereof to affine offive seven times the monthly minimum wage, an official to three to five timesthe monthly minimum wage, and a candidate, staff from a party or coalition’scampaign body, aide to candidate, or electioneer who has violated Article 39.8hereof to a fine of three to five times the monthly minimum wage.

39.11. Donations made inexcess of the amount set forth in Article 39.1 hereof or those received fromthe entities specified in Article 39.7 hereof shall be confiscated andtransferred to the public budget.

39.12. Receipt and use ofdonations from the entities specified in Article 39.7 hereof by a candidateshall justify removing him/her from the slate.

Article 40. Preparation ofa statement of election expenditure

40.1. A sample statement onthe accumulation and expenditure of on an election expenses account andprocedures for opening and closing an account, and book-keeping shall beapproved jointly by the General Election Commission and the Bank of Mongolia.

40.2. A party or coalitioncandidate shall deliver his/her statement of election expenditure to the partyor coalition within 15 days after the polling day and party, coalition, andindependent candidate hall deliver their election expenditure statements to theGeneral Election Commission within one month after the polling day.

40.3. A party, coalition,and independent candidate shall ensure that their statements of electionexpenses specified in Article 40.2 hereof (hereinafter referred to as“expenditure statement”) are audited and given an opinion.

40.4. A statement ofexpenditure shall be prepared as per the following items:5

40.4.1. Income and totalamount of donations accumulated on the accounts specified in Article 38.1 and38.2 hereof;

40.4.2. Sources of theincomes referred to in Article 40.4.1 hereof and types and amount of donations;

40.4.3. Donator’s last name(father or mother’s), given name, domicile, and amount and type of his/herdonation;

40.4.4. The name andaddress of a donating legal person, and the name (father or mother’s) and givenname of its Executive Director ;

40.4.5. Classification andexecution of expenditures and

40.4.6. Amount and locationof the remaining assets.

40.5. The director of abank where a party, coalition, or independent candidate’s election expensesaccount is located shall prepare and deliver an expenditure statementconsolidating all transactions conducted on the account to the General ElectionCommission within the time frame set forth in Article 40.2 hereof.

40.6. The General ElectionCommission shall review and make public the expenditure statements and thenames of citizens having donated two hundred thousand or more Togrogs as wellas legal persons having donated five hundred thousand or more Togrogs within 45days after the end of polling.

40.7. The General ElectionCommission shall have, if it deems appropriate, the finance and expenditure ofa party, coalition, or a candidate audited by the state audit office.

40.8. A party or coalitionthat has violated Article 40.2-40.4 hereof shall be subject to a fine inTogrogs equal to five to seven times the monthly minimum wage, a candidate totwo to four times the monthly minimum wage, and a bank director who hasviolated Article 40.5 hereof to a fine of three to five times the monthlyminimum wage.

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