43. Are there limits on the amount that third parties can spend on election campaign activities?
Turkey
Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, Strasbourg.
Source: GRECO (2017) Third Evaluation Round Fourth Interim Compliance Report on Turkey “Incriminations (ETS 173 and 191, GPC 2)” and “Transparency of Party Funding” 4-8 December 2017, GRECO Secretariat, Strasbourg.
Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.
Source: Article 51/A, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
Source: Article 55B§3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
Source: Article 57, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
Source: Article 62, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).
Source: Article 63, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).
Source: Article 66, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).
Although third party contributions to political parties, candidates in presidential, parliamentary and local elections are not regulated clearly and have an upper limit in amount of spending, there are some legal restrictions/bans concerning campaign spending.
An eligible donor, natural and private legal person, has an annual donation limit as described in Q16 and 17 for political parties and Q20 and 21 for presidential candidates. Other than these limits there is no specific provision concerning “third party” campaign spending especially for in kind contributions. As it was expressed earlier, there is no legal provision for campaign accounts of candidates at parliamentary and local administration elections. Candidates may generally fund their campaign from their own pocket or in-kind contributions from their friends.
Recently, several third party organizations such as platforms mobilized conducted campaigns open or covert during the elections. GRECO Report recommended that annual accounts of political parties should also include “as appropriate, the accounts of entities related, to political parties or otherwise under their control”.
Party accounts do not include in-kind donations, contributions from third parties, and organizations that are affiliated or in close contact with political parties.
Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.
Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, Strasbourg.
GRECO further recommended Turkey “to regulate transparency in the financing of parliamentary, presidential and local election campaigns of political parties and candidates and, specifically, to find ways of increasing the transparency of contributions by third parties”, in relation to Recommendation (iv) of The Third Round Evaluation Report (Greco Eval III Rep (2009) 5E, Theme II.
Source: GRECO (2017) Third Evaluation Round Fourth Interim Compliance Report on Turkey “Incriminations (ETS 173 and 191, GPC 2)” and “Transparency of Party Funding” 4-8 December 2017, GRECO Secretariat, Strasbourg.
There are few legal provisions that can be linked to not “limits” but bans on third party contributions/spending in elections campaigns:
[...]However, the buildings and facilities belonging to: the State and other public legal entities and their affiliates, enterprises and partnerships directly or indirectly participated by the State or other public legal entities, associations that work for the public interest, foundations which are provided benefits and tax exemption by the state, public professional organizations, unions of producers unions, unions of cooperatives, banks and trade unions cannot be used for this purpose.[...]
Source: Article 51/A, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
[...]During the ten-day period before the day of voting, broadcasting and all means of distribution under the name of public polls, surveys, forecast, mini referendum through information and communication calls by using the means of print and broadcast media and broadcasting for or against any political party or candidate in a manner to influence the vote of citizens are prohibited under all circumstances. Broadcasting to be made outside this period must be in compliance with the principles of impartiality, authenticity and accuracy. When publishing public opinion polls and surveys, it is imperative to explain which institution the research was conducted, the number of subjects, and who financed the research. [...]
Source: Article 55B§3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
[...]It is forbidden to distribute or distribute any gifts and giveaways other than those specified in this paragraph or to be distributed by third parties or institutions and organizations.
People who will distribute the publications or materials mentioned in this article must be over the age of eighteen. [...]
Source: Article 57, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
[...] Officers and servants employed in the State, administrations with added budgets, special provincial administrations, municipalities and their affiliated offices and institutions, State Economic Enterprises and their agencies and partnerships and other public legal entities cannot distribute ads. [...]
Source: Article 62§2, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).
[Officers and servants employed in the State, administrations with added budgets, special provincial administrations, municipalities and their affiliated offices and institutions, State Economic Enterprises and their agencies and partnerships and other public legal entities] [...], associations with public utility and the public officers and servants who work in them, must also maintain their impartiality in the elections.
During the election period, these are prohibited to
a) Donate and giving donations to political parties or candidates regardless of their name,
b) It is forbidden to use, or make use of all kinds of tools and equipment with their officers and servants under the command of a political party or candidate or in any political activity.
Including the ones listed in the first paragraph, entities subject to the Banking Law are prohibited from publishing any kind of publication for the purpose of influencing the citizens in favor of or against a political party. [...]
Source: Article 63, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).
[...] No public official can participate in the visits to the Prime Minister, ministers, deputies and candidates on the election propaganda, from the starting date of the election propaganda until the day following the voting day. [...]
Source: Article 66, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).
