Terms and conditions for offering financial support for initiative groups and electoral campaigns

(1) The following sources may be used to finance the initiative groups and electoral campaigns:

a) own funds accumulated in the political party’s accounts by the date of beginning of electoral period (fees, donations, allowances, other incomes provided by the law);
b) donations;
c) interest-free loans from the state.

(2) The financing of initiative groups and electoral campaigns by natural or legal persons shall be carried out in accordance with the conditions laid down in this Chapter and by the Regulations on the financing of the initiative groups and electoral campaigns approved by the Central Electoral Commission.

(3) Responsibility for compliance with the terms and conditions of financial support for the initiative groups or electoral campaigns, of the record of contributions and incurred expenses, including the drawing up and submission within the time-limits of reports on the financing of the initiative groups and reports on the financing of electoral campaigns, under the conditions laid down in this Chapter and by the relevant regulatory acts, shall be on:

a) leaders of political parties, where appropriate, the other persons nominated in accordance with their establishment acts - if they nominate candidates in elections, establish initiative groups or register as participants in the referendum;
b) persons having the right of representation/the governing bodies of the electoral blocs of parties, nominated in accordance with their establishment agreements - if they nominate candidates in elections, establish initiative groups or register as participants in the referendum;
c) candidates for the position of the President of the Republic of Moldova;
d) independent candidates;
e) leaders of the initiative groups that nominate and/or support the candidates in elections or the initiation of a referendum;
f) persons responsible for finances (treasures) of the initiative groups, of electoral competitors or of participants in the referendum, confirmed under the conditions laid down in Article 55.

(4) For infringement of the provisions of this Code and other legislative acts concerning the financing of the initiative groups and the electoral campaigns, the subjects referred to in paragraph (3) may be subject to legal liabilities, including administrative or criminal offences, in accordance with legislation.

(5) It shall be prohibited financing or material support in any form of initiative groups or electoral campaigns by:

a) citizens of the Republic of Moldova who have not reached the age of 18 and citizens in respect of whom judicial custody measures have been introduced in the form of guardianship;
b) natural persons who are not citizens of the Republic of Moldova;
c) anonymous persons or persons acting on behalf of third parties;
d) legal persons which, during the three years preceding the start of the electoral period, have concluded public procurement contracts on works, goods or services under Law No 131/2015 on public procurement or have received State Aid, under the Law No 139/2012 on State Aid;
e) non–commercial organizations, trade unions, associations or foundations from the Republic of Moldova or from abroad, charity or religious organisations;
f) public authorities financed from the national public budget, public self-management authorities/institutions, state enterprises and joint-stock companies founded by central and local public administrative authorities, state or municipal enterprises that fell under the Law No 246/2017 on State and municipal enterprises, or other legal persons financed from the national public budget or that have State-owned capital, except for the cases when the granted service or material support is specifically provided by the legislation;
g) foreign legal persons, including with foreign or mixed capital
h) other States or international organisations, including international political organisations.

(6) Electoral competitors, participants in the referendum and initiative groups are prohibited from:

a) offer voters/supporters money, goods, including food products, alcoholic beverages and tobacco products, to provide services or offer other benefits, including humanitarian aid or other charitable actions, in order to determine the voter/supporter to exercise or not to exercise his/her electoral rights in elections;
b) to use for personal purposes funds entered in the account marked “Electoral Fund”/“Intended for the initiative group”;
c) to use other funds than those from the account marked “Electoral Fund”/“Intended for the initiative group”;
d) to use undeclared financial and material funds or to exceed the expenditures other the general ceiling provided in Article 53;
e) to use administrative resources except for the case referred to in Article 70 (6);
f) to receive funds in the account marked “Electoral Fund” later than the day before the elections.

(7) The amounts collected under paragraphs (5) and (6) shall be transferred into the State budget on the basis of a decision of the Central Electoral Commission. The evaluation methodology shall be approved by the Commission with the opinion from the Ministry of Finance.

(8) Materials and items of electoral campaigning referred to in Article 1811 (3) of Criminal Code No 985/2002 do not fall under the category of goods provided by the paragraph (6) lit. a).

(9) Within 7 days after the start of the electoral period, Media service providers who have submitted statements to cover the elections are required to publish the conditions under which they offer advertising space (including the price/minute) and other related services to electoral competitors, to participants in the referendum or to the initiative groups, by informing the Central Electoral Commission and the Audiovisual Council. The Central Electoral Commission shall publish that information on its official page. During the electoral period, Media service providers are required to submit, to the Central Electoral Commission, weekly information on the incomes obtained from political/electoral advertising of every political party/electoral bloc of parties/electoral competitor.

(10) Within 5 days after the start of the electoral period, advertising broadcasters who own or manage fixed or mobile advertising devices are obliged to publish the conditions under which they offer advertising space and other related services to electoral competitors, referendum participants or initiative groups, informing the Central Electoral Commission. The Central Electoral Commission shall publish that information on its official page. During the electoral period, broadcasters who own or manage fixed or mobile advertising devices are required to submit, to Central Electoral Commission, weekly information on the incomes obtained from political/electoral advertising of every political party/electoral bloc of parties/electoral competitor.

(11) Public authorities and institutions are required to provide support to the Central Electoral Commission and the District Electoral Councils for the purpose of oversee and control of observance of legal provisions on the financing of the initiative groups and the electoral campaigns.

(12) The provisions of paragraph (5) shall not be interpreted and applied in such a way as to limit direct or indirect financing, offered openly and transparently, in order to support the efforts to promote democratic values, international standards for free, democratic and fair elections.