Home > 2.9 Electoral offences and sanctions > AUSTRIA - Federal Presidential Election Act
 
 
 
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Section 24
 

(1) Every presidential candidate may spend a maximum amount of 7 million Euros for campaign advertising. This amount also includes expenses of natural persons and groups of persons, who are supporting the campaign of a presidential candidate.


(2) Candidates as well as natural persons and groups of persons, within the meaning of paragraph (1), are allowed to receive donations, within the meaning of § 2 Z 5 Party Law Federal Law Gazette (FLG) Nr. 59/2012, and have to declare them in the following way:


1. Entire amount of donations from natural persons, not covered under Z 2,
2. Entire amount of donations from natural and juristic person, which are registered in the commercial register,
3. Entire amount of donations from associations, not covered under Z 4, and,
4. Entire amount of donations from trade associations, institutions, foundations or funds.


(3) Donations that are exceeding 3,500 Euros have to be declared, including by giving the name and the address of the donor.


(4) Donations that are exceeding 50,000 Euros, as well as contributions by political parties, have to be publicly declared by the candidate or by any natural person or group of persons, supporting the candidate, at the latest 1 week prior to election day. This public declaration has to be published on the website of the candidate or on the website of the natural person or on the website of the group of persons, supporting the candidate, and has to include the name and the address of the donor.


(5) Candidates, natural persons or groups of persons are not allowed to receive donations from:


1. Parliamentary clubs, within the meaning of Klubfinanzierungsgesetz/Club Financing Law 1985, Federal Law Gazette (FLG) Nr. 156,
2. Legal entities within the meaning of § 1, para. 2 Publizistikforderungsgesetz/Public Funding Law 1985, as well as educational institutions belonging to political parties that are supported by states,
3. Public corporations,
4. Non-profit institutions, within the meaning of , as well as institutions that are promoting popular sports,
5. Companies and institutions that are supported by the public sector with more than 25 percent,
6. Foreign natural and juristic persons providing donation exceeding 2,500 Euros,
7. Natural or juristic persons providing a donation in cash exceeding 2,500 Euros,
8. Anonymous donors providing individual donations exceeding 1,000 Euros,
9. Natural or juristic persons who are transmitting a donation exceeding 1,000 Euros, from an anonymous third person,
10. Natural or juristic persons who are providing a donation to the candidate while anticipating an economic or legal favour in return,
11. Third persons, who are raising funds for a candidate or for natural or juristic persons supporting the candidate, in return for a fee paid by the candidate or by a natural person or groups of persons supporting the candidate.


(6) A candidate or natural person or a member of a group of persons, supporting the candidate, who deliberately


1. Fail to declare a donation in contradiction of paragraph (3)
2. Fail to declare and receive a donation in contradiction of paragraph (4),
3. Receive a donation in contradiction of paragraph (5)
4. Attempt to circumvent paragraphs (3), (4), or (5) by dividing up a donation into partial amounts, commits an administrative offence and will be punished with a fine of up to 20,000 Euros. In addition, the amount of the donation received will be forfeited.


(7) Candidates or natural persons or groups of persons, supporting the candidate, have to declare income resulting from sponsoring exceeding 12,000 Euros, including by giving the name and address of the sponsor. § 2 Z 6 PartG should be applied in a way that it covers sponsoring for presidential candidates as well as for natural persons or groups of persons, supporting the candidate. Candidates, natural persons or groups of persons, supporting the candidate, have to declare income resulting from advertisement exceeding 3,500 Euros, including by giving the name and address of the advertiser. §2 Z 7 PartG should be applied in a way that it covers advertisement in media outlets that belong to the candidate or to a natural person or groups of persons, supporting the candidate. The disclosure of sponsoring and advertisement should be done according to paragraph (4), second sentence.


(8) The limitations with regard to money spent on campaign advertising, pursuant to paragraph (1), the regulations with regard to donations, pursuant to paragraph (2), (3), and (5), as well as the obligation to declare sponsoring and advertisement, apply to the period between the cutoff date of the election and the election day.


(9) (constitutional provision) Prohibited donations according to paragraph 5 have to be transferred promptly and no later than three weeks since election day to the audit court by the candidate or by natural persons or groups of persons, supporting the candidate. The audit court has to keep the received amounts of money on a separate account and has to cite the money within its area of activity. The audit court will transfer the received money immediately to charitable or academic institutions.


(10) (constitutional provision) Presidential candidates as well as natural persons and groups of persons supporting the candidate have to record any donations/income according to paragraphs 2-5 and paragraph 7 in separate lists. The lists have to be checked and signed by an auditor and be transmitted to the audit court at the latest three months after election day.


(11) (constitutional provision) The lists that are created by the candidate, by natural persons or groups of persons supporting the candidate, are subject to scrutiny by the audit court. The audit court has to check their correctness and compliance with federal law according to the following paragraphs.


(12) (constitutional provision) Once the audit court determines that the lists are in accordance with paragraphs 2-5 and paragraph 7, the lists have to be published on the website of the candidate or on the website of natural persons or groups of persons supporting the candidate. If the audit court sees indications that the information contained in the lists is incorrect or incomplete, the audit court has to provide the possibility to the candidate or to natural persons or groups of persons supporting the candidate, to respond to the issue within an appropriate timeframe. The audit court can request a separate auditor to confirm the correctness of the response.


(13) (constitutional provision) If the submitted response, pursuant to paragraph 12, does not help to overcome the audit court’s concerns, the audit court has to instruct another auditor, who is chosen by drawing of lots, to check the correctness of the donation lists. The candidate has to allow the chosen auditor to inspect all relevant documents and receipts.


(14) (constitutional provision) The audit court has to publish its findings on its website, in due consideration of paragraph 13.


(15) (constitutional provision) The imposition of financial fines is the responsibility of the independent ‘Party Transparency Senate’/Parteien-Transparenz-Sentat, who will decide according to documentation received from the audit court.