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

Venice Commission and OSCE/ODIHR JointOpinion on the Electoral Code of “The Former Yugoslav Republic of Macedonia”Opinion No. 700/2012 Warsaw, Strasbourg, 18 June 2013

http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD%282013%29020-e

31. A new Article 177(a) establishesnew sanctions, in addition to any misdemeanour liability, for infringement ofprovisions related to limitations on campaign expenditures and submission ofcampaign finance reports. An infringement can result in the suspension or, fullor partial loss, of reimbursement for campaign expenses as provided by thestate. The decision to impose this penalty rests with the SEC upon a proposalof the State Audit Office. The aggrieved party may file an administrativedispute against the SEC decision. This is a positive step in improving thecompliance with campaign finance laws. Imposing a financial sanction for aninfringement of campaign finance laws is logical and the proposed Articleincludes language that makes the sanction imposed proportional to theinfringement committed.

OSCE Unofficial Translation of theElectoral Code of the Former Yugoslav Republic of Macedonia as of 13 November2012, published in the Official Gazette 40/2006 Amendments published in theOfficial Gazette 136/2008, 44/2011 and 51/2011Corrigenda published in theOfficial Gazette 148/2008, 155/2008, 163/2008 and 142/2012(Consolidatedversion) http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF%282013%29013-e

Article 177-a

(1)  Regardless of the misdemeanour liabilityfor not complying with the provisions of this Code related to limitation ofexpenses for the election campaign and submission of financial reports forfinancing of election campaign to the organizer of election campaign shall beimposed:

-  partial loss of compensation ofexpenses for the election campaign;

-  complete loss of compensationof expenses for the election campaign; or

- suspension of compensation payment ofexpenses for the election campaign.

(2)  Partial loss of compensation of expensesfor the election campaign shall be imposed to an organizer of an electioncampaign in case when the permitted amount of expenses for the electioncampaign is exceeded, pursuant to Article 84 of this Code;

(3)  Partial loss of compensation of expensesfor the election campaign as of paragraph (2) of this Article consists ofreduction of the amount for compensation of expenses for the election campaignfor the amount exceeding the permitted amount of costs and expenses for theelection campaign. If the amount of funds exceeding the permitted amount ofcosts for the election campaign is higher than the amount for compensation ofexpenses for the election campaign, in such a case, a complete loss of theright of compensation of expenses for the election campaign shall be imposed.

(4)  Suspension of payment of expenses for theelection campaign shall be imposed to the organizer of election campaign in thecases when they do not submit the financial report in the determined timeframework and content, pursuant to Article 84-b, paragraphs (1) and (2) andArticle 85 of this Code.

(5)  The suspension of payment of compensationof expenses for the election campaign from paragraph (4) of this Article shalllast until the proper fulfilment of determined obligation pursuant to Article84-b, paragraphs (1) and (2) and Article 85 of this Code.

(6)  The decision for partial or complete lossof compensation of expenses for the election campaign from paragraphs (2) and(3) of this Article and the decision for suspension of payment from paragraph(4) of this Article shall be taken by the State Election Commission upon aproposal by the State Audit Office.

Partial or complete loss of compensation of expenses for the election campaign; or suspension of compensation payment of expenses for the election campaign.