State budget funds to finance parties running in elections

(amended by Law No. 101/2020, dated 23 July 2020; sentence added at the end of point 3 by Law No. 118/2020, dated 5 October 2020)

1. Political parties participating in elections, which obtained not less than 1% of votes at a national level in the last elections of the same type, shall benefit State budget funds based on the number of votes that each party received in those elections. Funds for this purpose shall be defined in an Assembly decision and comprise a separate budget item in the State Budget of the corresponding electoral year. This fund may not be less than the total amounts distributed to political parties in the previous elections.

2. Within 10 days from the announcement of the final result at a national level, the CEC shall determine, by decision, the monetary value of a valid vote, by dividing the total funds approved with the total valid votes received by the political parties participating in the elections, which have received no less than 1% of valid votes at a national level. For elections for local government bodies, the calculation shall be based on votes received for local councils at a national level.

3. The CEC shall calculate the amount that belongs to each party, by multiplying the monetary value of a valid vote, as provided for in point 2 of this Article, to the number of valid votes received by each party in the previous elections of the same type. For parties participating in a coalition, the number of respective valid votes shall be calculated by adding up the average of votes per mandate for each candidate elected from their ranks.

4. The CEC shall deduct from the amount calculated according to paragraph 3 any financial sanction imposed to the relevant party, in accordance with the law, which has become an executive title.

5. The amount resulting from the calculations conducted as per point 4 shall represent the amount from the State Budget benefited by a party participating in elections.

6. The fund earmarked to be distributed under this Article shall be given to each party no later than 5 days from the registration of the multi-name lists or candidates for mayor of local government units of the relevant party. Political parties that benefit funds from the State Budget and CEC, prior to the distribution of the fund, shall sign an agreement in which the political parties acknowledge to accept the fund, use it in compliance with all conditions and obligations laid down in this law, accept monitoring of expenditures conducted by the subject and its candidates, as well as respect all relevant prohibitions laid down in this law. By secondary legislation, the CEC shall determine other modalities of the agreement signed between the parties.

7. In the event the amount calculated in point 5 of this Article is higher than the total electoral campaign expenditures reported by the political party, or is estimated as such by the CEC following independent audits or verifications conducted by it, the political party shall be obliged to return the difference to the CEC.

8. In the event a political party fails to enforce the provisions of point 7 of this Article, it shall be excluded from the right to benefit public funds for a period of no less than 5 years, unless it pays the dues and the fines.