What institution(s) has the power to impose non-criminal sanctions for campaign finance infractions?

General Elections Act (Chapter 354), 1991-09-27. (last emended in 2012)

FOURTEENTH SCHEDULE

(Article 118)

Articles 41 to 62 of the Electoral (Polling) Ordinance (Cap 102)

43. (1) Every payment madeby an election agent in respect of

any expenses incurred on account of or in respect of the conduct or

management of an election shall, except where less than fifty-eight

cents (0.58), be vouched for by a bill stating the particulars and by

a receipt.

(2) Every claim against a candidate at an election or his

election agent in respect of any expenses incurred on account of or

in respect of the conduct or management of such election, which is

not sent in to the election agent within the time limited by this

Ordinance, shall be barred and shall not be paid; and subject to

such exception as may be allowed in pursuance of this Ordinance,

an election agent who pays a claim in contravention of this article

shall be guilty of an illegal practice.

(3) Except as by this Ordinance permitted, the time limited by

this Ordinance for sending in claims shall be fourteen days after the

day on which the candidate returned is declared elected.

(4) All expenses incurred by or on behalf of a candidate at an

election, which are incurred on account of or in respect of the

conduct or management of such election, shall be paid within the

time limited by thisOrdinance and not otherwise; and, subject to

such exception as may be allowed in pursuance of this Ordinance,

an election agent who makes a payment in contravention of this

provision shall be guilty of an illegal practice.

(5) Except as by this Ordinance permitted, the time limited by

this Ordinance for the payment of such expenses as aforesaid shall

be twenty-eight days after the day on which the candidate returned

is declared elected.

(6) Where it has been proved to the satisfaction of the court by

a candidate that any payment made by an election agent in

contravention of this article was made without the sanction or

connivance of such candidate, the election of such candidate shall

not be void, nor shall he be subject to any incapacity under this

Ordinance by reason only of such payment having been made in

contravention of this article.

(7) If the election agent in the case of any claim sent in to him

within the time limited by this Ordinance disputes it, or refuses or

fails to pay it within the said period of twenty-eight days, such

claim shall be deemed to be a disputed claim.

(8) The claimant may, if he thinks fit, bring an action for a

disputed claim in the competent civil court; and any sum paid by

the candidate or his agent in pursuance of the judgment or order of

such court shall be deemed to be paid within the time limited by

this Ordinance, and to be an exception from the provisions of this

Ordinance requiring claims to be paid by the election agent.

(9) On cause shown to the satisfaction of the competent civil

court, the court on application by the claimant or by the candidate

or his election agent may, by order, give leave for the payment by a

candidate or his election agent of a disputed claim, or of a claim for

any such expenses as aforesaid, although sent in after the time in

this article mentioned for sending in claims, or although the same

was sent in to the candidate and not to the election agent.

(10) Any sum specified in any such order may be paid by the

candidate or his election agent, and when paid in pursuance of such

leave shall be deemed to be paid within the time limited by this

Ordinance.

46. (1) Subject to suchexception as may be allowed in

pursuance of this Ordinance, no sum shall be paid and no expense

shall be incurred by a candidate at an election or his election agent,

whether before, during, or after an election on account of or in

respect of the conduct or management of such election, in excess of

one thousand and four hundred euro (1,400):

Provided that there shall not be included in such amount

any expenditure incurred by the candidate for his personal

expenses, nor the fee, if any, paid to the election agent not

exceeding two hundred and thirty-five euro (235).

(2) In the case of candidates standing for election in the same

division as members of the same political party, the expenses of

such candidates may be added together and there shall not be

deemed to have been a contravention of this article unless the

aggregate expenses of such candidates, when added together,

exceed either the sum of one thousand and four hundred euro

(1,400) multiplied by the number of such candidates or the sum of

seven thousand euro (7,000), whichever is the smaller: provided

that if the aggregate of such expenses exceeds either of the sums

aforesaid, the expenses of each such candidate shall be separated

from the expenses of the others and the provisions of subarticle (1)

shall apply.

(3) Any candidate or election agent who knowingly acts in

contravention of thisarticle shall be guilty of an illegal practice.

52. (1) Any personcommitting an illegal practice shall, on

conviction, be liable to a fine (multa) not exceeding fourhundred

and sixty-five euro (465) and shall in consequence of such

conviction become incapable, during a period of four years from

the date of conviction, of being registered as a voter or voting at

any election or of being elected a member, and if before that date

he has been elected a member, his election shall, subject to the

provisions of article 55 of the Constitution of Malta, be vacated

from the date of such conviction.

(2) No prosecution for an illegal practice shall be instituted

without the sanctionof the Attorney General.