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Governance: Political finance

The following indicator is under consideration for this pilot edition of the Barometer: To what extent do relevant laws, regulations, policies, and guidance provide a basis for collecting and publishing data on campaign and party finance?

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You are looking at a draft indicator to be included in the expert survey of the Global Data Barometer. Between now and May 10th we are inviting your feedback on this indicator and the elements it contains. You can provide your feedback by (a) completing the feedback form below; or (b) adding in-line annotations.

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You can share your feedback on the Governance: Political finance indicator here, or make use of Hypothes.is annotations

Show/hide supporting questions

Existence

  • What is the nature of the framework?
    • No framework exists
      Supporting questions: In the absence of a strong legal framework, are there alternative norms or customs that play this role in the country? If so, please explain how. If there are draft laws or regulations not yet in force, but that would provide a more robust framework in future, please provide brief details here.
    • A framework exists but lacks full force of law
      Supporting questions: In the absence of a strong legal framework, are there alternative norms or customs that play this role in the country? If so, please explain how. If there are draft laws or regulations not yet in force, but that would provide a more robust framework in future, please provide brief details here.
    • A framework exists and has the force of law
      Supporting questions: Please identify the framework(s) you have assessed (e.g. name of law(s) or regulations)

Elements

Part 1: Provisions for updates, structure, and openness.

  • The rules/guidance require that data is regularly updated. (No, Partially, Yes)

  • The framework requires updates in conjunction with campaigns and defined campaign schedules. (No, Partially, Yes)

  • The rules/guidance support the collection of structured data. (No, Partially, Yes)

  • The rules/guidance support publication of open data. (No, Partially, Yes)

Part 2: Provisions for definitions and fields.

  • The framework contains clear and unambiguous definitions of campaigning activities of parties, candidates, and third parties. (No, Partially, Yes)

  • The framework requires donors' identities be made public. (The framework does not require the disclosure, public or otherwise, of a donor's identity., The framework requires the public disclosure of the identity of any donor who contributes above a defined threshold., The framework requires the public disclosure of the identity of every donor.)

    Supporting questions (conditional)

    If The framework requires the public disclosure of the identity of any donor who contributes above a defined threshold.: What is the threshold?

  • The framework requires collecting specific information on financial contributions. (No, Partially, Yes)

  • The framework requires collecting specific information on assets and liabilities. (No, Partially, Yes)

  • The framework requires collecting specific information on income. (No, Partially, Yes)

  • The framework requires collecting specific information on spending. (No, Partially, Yes)

  • The framework requires collecting specific information on in kind and non-financial support. (No, Partially, Yes)

Part 3: Provisions for robustness.

  • The framework requires a verification process. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please briefly explain the verification process used, and which parts of collected data the framework requires to be verified and which parts it does not.

    If Yes: Please briefly explain the verification process used.

  • The rules/guidance empower an agency or official to ensure the accurate and timely collection and publication of required data. (No, Partially, Yes)

  • The framework authorizes remedies for noncompliance. (No, Partially, Yes)

Extent

  • How comprehensive, in terms of jurisdiction, is the coverage of the laws, regulations, policies, or guidance assessed for this question?
    • They cover one or more localities, but there are many other localities without such rules/guidance, or with rules or guidance of a lesser quality.
      Supporting questions: Which locality does this framework cover?
    • They cover one or more localities and are a representative example of the kind of rules/guidance that can be found for all, or most, localities.
    • They provide national coverage.

Definitions and Identification

This indicator examines frameworks that require political parties and political campaigns to disclose information about how they raise and spend money. Financial support may come from various sources, including donations, membership fees, and public funding.

This indicator is based on the presence and strength of legislation, regulations, or policies that govern whether:

  • Party and campaign finance data is collected and maintained as structured data across the whole country.
  • Financial disclosures contain structured data on income, spending, assets, *and *debts.
  • Financial disclosures are *updated in a timely fashion; this includes both *regular updates and updates that are responsive to campaign-based schedules.
  • Financial disclosures are published.
  • A mandate is given to an independent agency or institution to examine financial reports and/or investigate violations.
  • Sanctions for violations are enforceable and proportional.

Starting points

  • Sources:

    • The IDEA Political Finance Database provides information on bans, public spending, regulation, and oversight mechanisms; sources are listed beneath questions; this longstanding database covers more than 180 countries. The linked regulations can also help you identify the country's relevant agency or agencies.
    • For countries in Eurasia, the EuroPAM database lists relevant laws and provides overviews of relevant bans, public spending, regulation, and oversight mechanisms; the database currently includes 34 countries.

  • Search:

    • For recent updates to party and campaign finance laws in the country.
    • The website(s) of the country's political finance agency or agencies for details of how they collect and manage data, and the basis of this in law or regulation; relevant agencies vary across countries; common ones include registrars of political donations and election commissions.
    • For examples of current forms used to register financial disclosures of parties and campaigns.
    • For political finance databases constructed by journalists or country-relevant NGOs that coordinate multiple streams of political finance data; among other information, these may contain details on known gaps in the country's laws or regulations.

  • Consult:

    • Investigative journalists who focus on corruption and integrity issues in the country.
    • Local officials of civil society organizations focused on transparency and accountability in governance.
    • Elected officials, party staff members, people who have recently worked on political campaigns.

What to look for?

Look for evidence that can answer the following questions:

  • Is the framework for disclosure and verification of party and campaign finance provided for in law, ****through regulation, or through policy?
  • Does the framework provide unambiguous definitions of campaigning activities, or is there vagueness or notable inconsistencies about what constitutes a campaigning activity or third-party campaigning?
  • Does the framework require publication of identifying information about donors, and if so does this include all donors or only some? Is information published as summary or in specific detail that links donors to their donations?
  • Does the framework require this information to be managed as structured data?
  • Does the framework require this information to be verified in some way?
  • Does the framework specify that information should be updated in a manner that is not only at regular intervals but is also timely and responsive to campaign activities?
  • If data from political finance disclosures is publicly available, is this on a legal basis? Or could the government choose to remove access to the data at any time?

National and sub-national considerations

In some countries, frameworks that govern political finance data may be established primarily by individual states, regions, or cities. To assess such countries, researchers should select the strongest examples of sub-national practice, and then indicate whether this is an outlier or an example of widespread practice.

The United Nations Convention Against Corruption (UNCAC) calls for transparency regarding the role of money in politics.

While donating to a politician or political cause is widely considered a form of political participation, there is also widespread concern about the effects of money in politics—with particular questions regarding who donates to parties and campaigns, how much, and how that affects political outcomes.

Transparent campaign and party financing is thus critical for understanding whose interests shape parties, ballot initiatives, and the decisions of specific public officials.