No crooks with cash

The spending formula

The Bill seeks to put limits on campaign spending by introducing a new section, which provides for a fair means to determine spending limits for candidates during an electoral cycle.

According to the sponsors of the law, the proposed spending limits shall be the result of a formula in the first schedule to the amendment based on the geographical size of the electoral area and its population.

The Bill proposes that a candidate who violates the spending limits should have his/her election nullified, and be barred from contesting in the ensuing by-election and any other election for a period of not more than seven years but not less than five years.

The Bill also provides for declaration of whatever candidates spend. According to the Bill, this is to be submitted as election expenses return.

“The import is that every candidate that participates in an election has a duty to submit a return of their election expenses not later than twenty one days after the declaration of results,” reads the brief on the Bill in part.

A period of seven days is allowed for candidates to correct their returns after this period. They must also list all campaign contributions, in kind or in cash, that exceed Shs1 million.

The Bill also proposes that a candidate who wins but does not submit returns, that his or her election is overturned and he or she is barred from contesting in any election for a period of not more than seven years but not less than five years.

If the candidate has not won but is found by a court to have failed to submit a return then he or she is also barred from contesting future elections for a period of not less than five years and not more than seven.

The bill provides for contributions generally to the effect that only natural persons can contribute to the campaign finance of a candidate either in cash or in kind. In other words, corporate entities like companies are barred from making such contributions.

There is an exception to the effect that a political party may make a contribution to its candidates to a tune of 100% of the spending limit. Individuals are permitted to contribute only 30% of the candidate’s spending limit.

The Bill also prohibits foreign entities individuals such as foreign governments, foreign companies and NGOs among others from making contributions to the campaign.

The reasoning behind this is that elections and politics should generally be protected from foreign influence.

While it is not yet clear how members of parliament will respond to the proposed Bill, a survey by ACFIM found that two thirds (66 per cent) of MPs agreed that legal limits should be placed on campaign spending and almost eight out of ten (79 per cent) agreed that candidates found guilty of vote buying should lose their seats and be banned from contesting future elections.