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Political Constitution of Colombia (1991)

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Political Constitution of Colombia (1991). Official Spanish from SUIN-Juriscol. English from Constitute Project / Max Planck, cutoff 2015 — not a gazette.

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Official sourceConstitución Política de Colombia (1991)

→ Art. 109

Art. 109

The State shall contribute to the financing of political parties and movements with legal personality, in accordance with the relevant statute.

The election campaigns conducted by candidates put forward by parties and movements with legal personality and by relevant citizen groups which put candidates on the ballot shall partly be funded with state resources.

An Act shall determine the percentage of votes necessary to qualify for the right to such funding.

The expenses which parties, movements, relevant citizen groups or candidates may incur in election campaigns, as well as the maximum amount of private contributions may also be limited in accordance with the applicable statute.

A percentage of this funding shall be directed to parties and movements with effective legal personality and relevant citizen groups which put forward candidates prior to the election or ballot in accordance with the conditions and guarantees determined by statue and with the authorization of the National Election Commission.

Campaigns for the election of the President of the Republic shall have access to a maximum of advertising space and institutional space on radio and television paid for by the State, for candidates of those parties, movements and relevant citizen groups whose electoral bids comply with the requirements of seriousness determined by the relevant Act for such purposes.

In the elections following the entry into force of this Legislative Act, violations of the campaign spending limits shall, if duly proved, be sanctioned with the loss of the mandate or public office. An Act shall determine the other effects resulting from the violation of this provision.

Parties, movements and candidates shall publicly account for the amount, the sources and the use of their funds.

It is prohibited for political parties and movements and relevant citizen groups to receive funding for electoral campaigns from foreign individuals or corporations. No type of private funding may have objectives affecting the democratic or public order.

The annual funding of political parties and movements with legal personality shall rise, at a minimum, to two point seven times of the amount contributed in the year 2003, maintaining its value over time.

The amount of campaign funding of political parties and movements with legal personality shall be, at the least, three times that contributed in the 1999-2002 period in constant pesos of 2003. This includes the transportation costs on election day and the cost of postal franchises currently funded.

Ballots of parties and movements which opt for this mechanism shall receive funding on the basis of the shares of the votes obtained, maintaining for such purpose the value in constant pesos in force at the time of approval of the present Legislative Act.

The National Government or the members of Congress shall present a draft status Act which implements this Article before August 10, 2009.

The bill shall be accompanied by a declaration of urgency and shall be discussed in a joint session of Congress, and may be the object of a declaration insisting on the urgency of its adoption if necessary. The delays for the prior review of enforceability of the draft status Act by the Constitutional Court shall be reduced by half.

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For reference only. Colombian law changes; confirm the current official text before acting.