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Article 127
 

Election subsidies


1. The State shall, in accordance with the rules laid down by the special provisions of this Act, subsidize the expenses incurred by parties, federations, coalitions or grouping of electors taking part in elections to Congress of Deputies, Senate, European Parliament and local councils. Provided that the subsidy granted to each political group may not in any case exceed the amount declared in its statement of election expenses and verified by the Auditing Court (Tribunal de
Cuentas) in the discharge of its functions.


 2. Both entitlement to said subsidies and payment thereof to political formations or to other persons or entities to which this right may have been transmitted on any grounds, may be made conditional, if the Electoral Administration so decides, on the showing of proof that candidates elected on behalf of such parties, federations, coalitions or groupings of electors have become members of Congress of Deputies, Senators, members of the European Parliament or members of
the relevant local assembly and have effectively entered the functions for which they have been elected and in respect of which the entitlement to such subsidies arises. Entering and discharge of said functions are to checked and certified by the executive bodies of the relevant assembly.


3. In conformity with Section 4 of Financing of Political Parties Institutional Act 3/1987, of July 2, the State shall not subsidize expenses such as those referred to this section incurred by parties, federations, coalitions or grouping of electors who have engaged in a type of conduct described in  Section 9 of the Political Parties Institutional Act 6/20023, of June 27, as a ground for the banning of a political party, where, having regard to degree of reiteration or gravity of such conduct, there is no sufficient ground for initiating a legal banning procedure.


4. Subsidies contemplated in this present section shall not apply on the same ground to said political formations keeping or including in their executive bodies, parliamentary or political groups or candidates’ lists persons convicted by a court of law, even if sentence is not yet final, for rebellion, terrorism or serious offence against the State’s security as defined in criminal legislation, unless the relevant formation has made public its rejection of both the aims of such
actions and the means resorted to.


 SECT. 127 AS AMENDED BY SECT. 5 OF INSTITUTIONAL ACT 1/2003, OF MARCH 10
 2 AS AMENDED BY SECT. 33 OF INSTITUTIONAL ACT 2/2011, OF JANUARY 28