LAW ON FINANCING OF POLITICAL PARTIES

Law 27504

Law No 26.215. Amendments.



TITLE I

Single Chapter

Amendments to the Law on the Financing of Political Parties. Law 26.215.

Article 1-Substitute Article 3 of Law 26.215, which shall be worded as follows:

Article 3: Tax exemption. The goods, current accounts and activities of the recognised political groupings shall be exempt from any national tax, levy or contribution, including value added tax (VAT) and tax on bank loans and debits. This exemption shall apply to immovable property located or disposed of in such a way as to groups provided that they are exclusively and normally intended for their specific activities and that the taxes are on their charge.

The income of the group is included in the exemption, provided that the income is exclusively invested in the party activity and does not directly or indirectly increase the assets of any person.

The exemption will operate in full and its concession will not be subject to any processing.

Article 2-Amend Article 4 (2) of Law 26.215, which shall be worded as follows:

Article 4 °: Party financing. A mixed model is established whereby political parties will obtain their resources through public and private financing for the development of their ordinary operations and electoral activities, in accordance with this law.

Article 3-Amend Article 12 of Law 26.215, which shall be worded as follows:

Article 12: Training. The parties must allocate at least twenty percent (20%) of what they receive as an annual contribution for institutional development to the financing of training activities for the public function, formation of leaders and research.

Also, it is established that at least thirty percent (30%) of the amount allocated for training must be affected by the activities of training for the public function, formation of leaders and research for children under thirty (30) years.

It is also established that at least another thirty per cent (30%) is earmarked for the training, promotion and development of women's political leadership skills within the party.

The obligations contained in this article reach both the national party and the district parties.

Failure to comply with the provisions of this Article shall make them liable for the penalty provided for in Article 65 of this Law.

Article 4 °-Amend Article 14 of Law 26.215, which shall be worded as follows:

Article 14: Private financing. The political parties will be able to obtain for their financing, with the limitations provided for in this law, the following contributions from the private sector:

(a) From its affiliates, on a regular basis, according to the prescriber in their organic letters;

b) Donations of other human persons-not members-and legal persons;

(c) returns on its assets and other activities, including promotional activities;

d) The inheritances or legacies they receive.

Article 5-Amend Article 15 of Law 26.215, which shall be worded as follows:

Article 15: Bans. Political parties will not be able to accept or receive, directly or indirectly, nor will they be allowed as private contributions to the Permanent Party Fund:

a) Contributions or anonymous donations. Contributions or donations may not be imposed on the charge of non-disclosure of the identity of the taxpayer or donor;

(b) Contributions or donations from centralized or decentralized entities, national, provincial, inter-state, binational or multilateral, municipal or city of Buenos Aires;

(c) Contributions or donations of permits, concessionaires or contractors of public services or public works or suppliers of the Nation, the provinces, the municipalities or the City of Buenos Aires;

(d) Contributions or donations of human or legal persons exploiting gambling;

(e) Contributions or donations from foreign governments or public entities;

(f) Contributions or donations from foreign human or legal persons who do not have a residence or domicile in the country;

(g) Contributions or donations from persons who have been required to make the contribution by their hierarchical superiors or employers;

(h) Contributions or donations from trade unions, employers and professionals;

(i) Contributions or donations of human or legal persons who are charged in criminal proceedings pending any of the conduct provided for in the current criminal tax law or that they are subject to a process pending before the Fiscal Court of the Nation for the claim of tax liability .

Article 6-Substitute Article 16 of Law 26.215 and its amendments, which shall be worded as follows:

Article 16: Maximum contributions per person. The political parties may not receive from the same human or legal person for each calendar year for institutional development an amount greater than two percent (2%) of the one that arises from multiplying the value of the electoral module by the number of registered voters as at 31 December of the previous year.

This limit will not apply to those contributions that result from an obligation to be added by the Party Organic Letters concerning the contributions of the members when they hold public office.

The National Electoral Chamber will report to the political parties, in the first bimonstre of each calendar year, the limit of private contributions and will publish that information on the website of the Federal Justice with electoral competence.

Article 7 °-Incorporate as Article 16a of Law 26.215 and its amendments, the following:

Article 16a: Export of money. Money contributions must be made only by bank transfer, bank deposit by credit card, electronic means, check, credit card or debit card, or digital platforms and applications provided they allow the Donor identification and traceability of the contribution.

Banks or credit or debit card managers must inform the political grouping addressed of the contribution, the identity of the contributor and allow the reversion in case the same is not accepted by the recipient, without the need for expression of cause by the latter.

Article 8 °-Incorporate as Article 16b of Law 26.215 and its amendments, the following:

Article 16b: Declaration of contributions. The National Electoral Justice will establish a platform through which those who make a contribution to a political group in any instance will make an affidavit regarding the free consent of the contribution and that it is not (a) the use of the contribution by the party or the group is permitted under none of the prohibitions provided for in this law.

Article 9 °-Incorporate as Article 16c of Law 26.215, the following:

Article 16c: Amounts in kind. The contributions that consist of the provision of a service or the delivery of a good in free form, will be considered contributions in kind. When the contribution exceeds five thousand (5,000) electoral modules, it will be recorded in a document signed by the political group and the contributor. In these minutes, the data for the identification of the contributor, the good or the service provided, the amount estimated in the money of the benefit and the date in which it took place. The amount of the contribution made through goods or services will be computed according to the value and practices of the market.

For the purposes of this Article, no contributions in kind shall be considered nor shall there be an obligation to pay as expenditure the work or tasks which members or volunteers shall carry out on a free basis directly in favour of a political group. The aim is to contribute to the dissemination of the platform or the electoral proposals and the audit of the elections.

Article 10.-Substitute Article 22 of Law 26.215, which shall be worded as follows:

Article 22: Accounting year. The closing of the annual accounting year of the political parties is the 31st of December.

Article 11.-Amend Article 23 of Law 26.215 and its amendments, which shall be worded as follows:

Article 23: Annual Accounting Statements. Within the ninety (90) days of the end of each financial year, the political parties must present to the Federal Justice with the electoral competence of the district concerned, the annual state of their assets or balance sheet and the account of the revenue and expenditure for the financial year, subscribed by the party's president and treasurer and per public accountant registered in the district. The report carried out by the registered public accountants shall contain a technical judgment with the corresponding certification of the Professional Council of Economic Sciences of the relevant jurisdiction.

They shall make available to the Federal Justice with electoral competence the supporting documentation.

They must also present a complete list of human and legal persons who have made economic contributions in the period, detailing personal identification data, tax identification, amount and date of contribution.

Failure to comply with the presentation of the accounting statements shall import the penalties provided for in Article 66a of this Law.

Article 12.-Substitute Article 26 of Law 26.215, which shall be worded as follows:

Article 26: Procedure for the control of assets. The federal judge with electoral competence will transmit the reports presented by the political parties to the Auditor's Corps of the National Electoral Chamber, which will carry out the audit within the maximum period of ninety (90) days of receiving the same. The audit opinion shall be forwarded to the relevant political grouping so that within twenty (20) days of receipt of the opinion the observations or requirements formulated, under the warning of a decision in the state of the case, after having been given to the Public Prosecutor's Office.

If the political party answers the observations or requirements formulated, a new intervention will be given to the Body of Auditors, which will be issued within the maximum period of fifteen (15) days of received the same. Ten (10) days of this report will be transferred to the political party. The transfer or the expiration of the deadline, and after having been given to the Public Prosecutor's Office, the federal judge with electoral competence will decide within the period of thirty (30) days.

The presentations made by the political party, in the context of the causes of patrimonial control, must be signed by the president and the treasurer of the political party.

If, in the procedure described here, the existence of any criminal offence is warned, or will be reported in such a way, the judge and the prosecutor may refer the relevant actions to the competent court, once the case has been resolved. election cause. In no case shall the criminal jurisdiction be exercised before it is concluded, by means of a firm judgment, the process of party control.

Article 13.-Amend Article 30 of Law 26.215, which shall be worded as follows:

Article 30: Constancy of operation. Any expenditure incurred on the occasion of the electoral campaign, exceeding five thousand (5,000) electoral modules shall be documented, without prejudice to the issuance of the ordinary fiscal instruments, through a 'Operation Constancy for Campaign'. Election ', in which the following information must be entered:

(a) Tax identification of the party or alliance and of the co-contractor party;

(b) the amount of the transaction;

(c) Number of the corresponding invoice;

(d) Number of cheque for payment.

The 'Operation Constances for Electoral Campaign' will be numbered for each campaign and must be recorded in the accounting books.

Article 14.-Incorporate as Article 30a of Law 26.215, the following:

Article 30a: Any expenditure referred to in Article 30 which is carried out on the occasion of the electoral campaign shall be authorized in writing or electronic means by the financial economic officer.

Article 15.-Substitute Article 32 of Law 26.215, which shall be worded as follows:

Article 32: Electoral funds. The Federal Court with electoral jurisdiction will free trade to order the opening of a single current account in the bank established by the alliance in its constitutive agreement.

This account will include all public and private contributions and will be the means of cancellation of debts and campaign fees. The same shall be closed to the thirty (30) days of the general election.

If public campaign contributions are made after the account is closed, the funds will be deposited directly into the single account of each political party member of the alliance and according to the distribution of funds subscribed to the account. conformation and registration in the electoral justice system.

Article 16.-Amend Article 35 of Law 26.215, which shall be worded as follows:

Article 35: Print of ballots. The implementing authority will give the political groupings that will officiate candidates for the general elections, contributions that will allow to print the equivalent of two and a half ballots (2.5) per voter registered in each district, for each category to be chosen.

The National Electoral Justice will inform the implementing authority of the number of official lists of parties and alliances for the corresponding election, which will carry out the distribution by electoral district and category.

Article 17.-Amend Article 43 of Law 26.215, which shall be worded as follows:

Article 43: Spaces in broadcast and sound television broadcasting stations or by subscription. The spaces for electoral advertising on radio broadcasting, open television or subscription, will be distributed exclusively by the National Electoral Directorate of the Ministry of the Interior, Public Works and Housing of the Nation, for all political groupings that officiate candidates for elective public office, for the dissemination of their campaign messages.

The political groupings, as well as the candidates made official by them, at no time will be able to hire or acquire, by themselves or by third parties, spaces in any radio or television mode, for promotion for electoral purposes.

In addition, radio broadcasting, open television or subscription broadcasting, will not be able to broadcast electoral advertising that is not distributed and authorized by the Ministry of the Interior, Public Works and Housing.

Article 18.-Substitute Article 43c of Law 26.215, which shall be worded as follows:

Article 43 c: According to the provisions of the Law on Audiovisual Communication Services 26.522, the communication and television services by subscription are obliged to give free of charge 5% (5%) of the total time of programming for electoral purposes.

From the year 2020, of the percentage referred to in the previous paragraph, half will be given free of charge and the other half will be considered payment on account of national taxes.

Article 19.-Incorporate as Chapter III ter of Title III of Law 26.215, the following:

Chapter III b

From election advertising on social media and digital platforms.

Article 43 decies: Register of official accounts. The National Electoral Chamber will take the registration of social media accounts, websites and other digital channels of communication from the pre-candidates, candidates, political groupings and maximum party authorities. The legal representatives of the recognized political parties, confederations and existing alliances must register with this record the data of identification of the respective profiles. In addition, on the occasion of each electoral process, the list of candidates will record such data in respect of the pre-candidates and the official candidates.

Article 43 undecies: Surrender of campaign expenses on digital platforms. Together with the statements of accounts presented by the lists and the political groupings participating in the elections, the audiovisual material of the campaigns on the Internet, social networks, messaging and any other platform must be accompanied. digital.

The National Electoral Chamber will regulate the regulations to guarantee the accountability of this type of publicity by the participating political groupings, taking into account the particular circumstances of the procurement.

Article 43 duoths: Awareness campaigns and civic training in digital environments. Within thirty (30) days prior to each commission the National Electoral Chamber will have to disseminate institutional messages of civic education and digital education, aimed at informing issues related to the elections and raising awareness of the citizenship on responsible and critical use of the information available on the Internet.

Article 43 terms: Investment destination in digital advertising. Of the total public resources for investment in digital advertising, at least thirty-five per cent (35%) will have to be allocated to digital news sites generating content and national production and at least one other Twenty-five percent (25 percent) to digital news sites generating content and provincial production, following a similar approach to federal participation.

Article 20.-Substitute Article 44 of Law 26.215, which shall be worded as follows:

Article 44: Private financing. It constitutes private financing for the electoral campaign, any contribution, in money or in kind, that a human or legal person carries out to a political group, destined to the financing of electoral expenses.

In relation to the contributions in money or in kind for electoral campaign, the same provisions apply to the prohibited contributors and to the financial instruments authorized to make the contributions to those established in this law for the Case of private contributions for institutional development of the political parties.

The use of collection mechanisms may be regulated which, incorporating the existing technology, tend to ensure that campaign contributions to the political groupings are carried out through simple, transparent and equitable procedures, promoting citizen participation.

Article 21.-Substitute Article 44a of Law 26.215, which shall be worded as follows:

Article 44a: Limit of private campaign resources by group and private campaign contributions per person.

The political groupings may receive, on the occasion of the electoral campaign, a total of private resources that does not exceed the amount equal to the difference, between the maximum campaign expenditure ceiling set by this law and the amount of the contribution for election campaign for the group.

For each electoral campaign, the political groupings may not receive from the same human or legal person an amount greater than two percent (2%) of the expenses allowed for that campaign.

In good time at the beginning of the campaign, the National Electoral Chamber will inform the political parties of the limit of private contributions for the campaign permitted under this article, and will publish that information on the website of the National Electoral Commission. National Electoral Justice.

Article 22.-Substitute Article 44b of Law 26.215, which shall be worded as follows:

Article 44 ter: The National Electoral Chamber will create a (1) Register of Business of Opinion Surveys and Surveys of Opinion. Those companies that wish to make public by any means opinion polls, or to provide services to the political groupings, or to third parties, during the electoral campaign by any means of communication, must register in the same.

Such registration may be reviewed and revoked by the Chamber in the event of non-compliance with the requirements laid down in this Law.

During the period of the electoral campaign, and in the case of each work carried out for a political group, or for third parties, the companies must present to the register a report where the work done, who carried out the hiring, is individualized. the amount invoiced per work done, a technical detail on the scientific methodology used, the type of survey performed, the size and characteristics of the sample used, the selection procedure of the interviewees, the error statistics applicable and the date of the field work.

That report will be published on the official website of the National Electoral Justice for its public access to the public.

Those companies that do not find themselves registered in the Register will not be able to spread by any means of polling or opinion polls, during the electoral campaign period.

Article 23.-Amend Article 44c of Law 26.215, which shall be worded as follows:

Article 44c: From eight (8) days before each election and up to three (3) hours after closure, no means of communication, whether these audiovisual, broadcasting, graphics, internet, or other, may publish results of surveys or opinion polls, or electoral forecasts, or refer to your data.

Within the deadline that this law authorizes for the conduct of surveys and opinion polls, the mass media will have to cite the source of information, giving the technical details of the work done.

The means of communication that do not comply with this provision may be punished with a fine of zero to one percent (0.1%) to ten percent (10%) of the advertising bill obtained in the month before the commission of the event. The process of applying the sanction, which may be initiated either on its own initiative or on a complaint, will be the responsibility of the federal judge with the electoral competence of the district of the company's domicile and the decision will be appealed to the National Electoral Chamber.

Article 24.-Incorporate as Article 44 quinquies of Law 26.215, the following:

Article 44d: Survey and opinion polls which fail to comply with the preceding provisions shall be subject to the following penalties:

a) Call for attention;

(b) Receipt;

c) Multa of between forty thousand (40,000) electoral modules and four hundred thousand (400,000) electoral modules;

(d) Suspension of registration in the Register;

e) Cancellation of registration in the Register.

Article 25.-Substitute Article 61 of Law 26.215, which shall be worded as follows:

Article 61: Procedure for the control of assets. The federal judge with electoral competence will transmit the reports presented by the political groupings to the Auditor's Corps of the National Electoral Chamber, which will carry out the audit within the maximum period of ninety (90) days of the " The audit opinion shall be forwarded to the relevant political grouping so that within twenty (20) days of receipt of the audit, the observations or requirements formulated under a warning to be resolved in the state of the cause, after having been given to the Public Prosecutor's Office. In the case of alliances, it will also be transferred to the political parties that integrate it.

If the political grouping answers the observations or requirements formulated, a new intervention will be given to the Body of Auditors, which will be issued within the maximum period of fifteen (15) days of received the same. Ten (10) days of this report will be transferred to the political group and the parties, in the case of alliances.

The transfer or the expiration of the deadline, and after having been given to the Public Prosecutor's Office, the federal judge with electoral competence will decide within the period of thirty (30) days. The presentations made by the political grouping in the context of the causes of patrimonial control must be subscribed by the president, the treasurer and the economic and financial officials of the political party and in the case of the alliance. by economic and financial officials.

If, in the procedure described here, the existence of any criminal offence is warned, or will be reported in such a way, the judge and the prosecutor may refer the relevant actions to the competent court, once the case has been resolved. election cause. In no case shall the criminal jurisdiction be exercised before it is concluded, by means of a firm judgment, the process of party control.

Article 26.-Substitute Article 62 of Law 26.215, which shall be worded as follows:

Article 62: They will be punished with the loss of the right to receive contributions, subsidies and any recourse of annual public financing, for a period of one (1) to four (4) years, and the funds for public financing of the electoral campaigns by one (1) to two (2) elections, political parties when:

(a) They shall receive or deposit funds in accounts other than those provided for in Articles 20 and 32 of this Law, or in the case of unbanked funds;

b) Having withdrawn their candidates, they do not reinstate the amount received as a campaign contribution, in the terms of Article 39 of this law;

c) Receive donations, contributions or contributions in violation of the provisions of Articles 15, 16, 16a, 16b, 16c and 44a of this Law;

(d) Realize expenditure in prohibition of the provisions of Articles 45 and 47 of this Law;

(e) Hire or acquire, by itself or by third parties, spaces in any radio or television mode, for election purposes, in violation of the provisions of Article 43 of this Law;

(f) the reports of Articles 23 and 58 of this Law do not permit to provide evidence of the origin and/or destination of the funds received, for institutional development and for the campaign respectively;

g) Do not return, within ninety (90) days of the electoral act, the remainder of the contribution of ballots or the total, in case it has not accredited the expenditure in the final report of the campaign.

Article 27.-Substitute Article 66 of Law 26.215, which shall be worded as follows:

Article 66: It shall be sanctioned with a fine of the same amount as the contribution or donation and up to the amount of that amount, the human or legal person who will make donations to the political parties in violation of the prohibitions established by the Articles 15, 16, 16a and 44a of this Law.

He will be fined the same amount as the contribution or donation and up to the amount of that amount, the economic-financial officer who will use contributions or donations to the political parties in violation of the prohibitions that Article 15, 16, 16a and 44a of this Law.

They will be punished with a fine of equal amount to the expense contracted and up to the amount of that amount, the directors and managers or representatives of the media that will accept advertising in violation of the provisions of this law. Likewise, the conduct will be considered to be serious and communicated for its treatment of the National Communications Ente (ENACOM) created by the Decree of Need and Urgency 267/15.

They will be punished with a fine of equal amount to the expense contracted and up to the amount of that amount, the suppliers in general, who violate the provisions of Article 50 of this law.

Article 28.-Incorporate as Article 66a of Law 26.215 and its amendments, the following:

Article 66a: A fine equivalent to 10% (10%) of public contributions for the institutional development of the year following its determination shall be sanctioned by the political groupings which present in an extemporaneous manner and with a default of up to thirty (30) days the annual accounting statements.

From thirty-one (31) and until ninety (90) days from the deadline set for the delivery of the annual accounting statements, the fine will be doubled.

After ninety (90) days of the expiry of that period without the report having been filed, the intervener judge shall have the precautionary suspension of all public contributions, inputting the group to make the presentation in a maximum period of fifteen (15) days, under the warning of declaring the origin and destination of the funds received unaccredited.

The filing of the annual accounting statement produces the automatic expiration of the precautionary suspension provided for in this article.

Article 29.-Substitute Article 67 of Law 26.215 and its amendments, which shall be worded as follows:

Article 67: A fine equivalent to 10% (10%) of public contributions for electoral campaigns corresponding to the electoral process following their determination shall be sanctioned by the political groupings that present in form extemporanea and with a default of up to thirty (30) days the final report of the campaign.

From thirty-one (31) and up to ninety (90) days of the deadline set for delivery of the report, the fine will be doubled.

After ninety (90) days of the expiration of the period without which the report has been filed, the intervener judge shall have the precautionary suspension of all public contributions, intimated to the grouping to carry out the presentation in a maximum period of fifteen (15) days, under the warning of declaring the origin and destination of the funds received unaccredited.

The submission of the final campaign report produces the automatic expiry of the precautionary suspension provided for in this Article.

Article 30.-Substitute Article 71 of Law 26.215, which shall be worded as follows:

Article 71: Apply the procedure provided for in Chapter III of Title VI of the National Electoral Code-Law 19,945, t.o., by Decree 2135/83-for the punishment of those conduct punishable in this law.

Article 31.-Incorporate as Article 75a of Law 26.215 and its amendments, the following:

Article 75a: Provision of Information to the National Electoral Justice. The National Electoral Justice may require all the information it deems necessary for the conduct of the ordinary and campaign property controls, especially for the purposes of investigating facts or acts of financing of the political parties that involve resources of illicit origin, for which they may request the collaboration of the Financial Information Unit, in the terms provided for in Article 13 (3) of Law 25.246.

The Central Bank of the Republic of Argentina, the Federal Administration of Public Revenue, the National Administration of Social Security, the Office of the Attorney General for Economic and Laundering Of Assets, the Anti-Corruption Bureau and all other bodies The public will have to cooperate with the requirements that the National Electoral Justice will carry out in an early and effective manner, without applying the provisions regarding the banking or fiscal secrecy.

Article 32.-Incorporate as Article 75b of Law 26.215, the following:

Article 75b: Accession to the national financing system. The Autonomous City of Buenos Aires and the provinces that conduct their elections according to the system of concurrency provided for in law 15.262, may adhere to the campaign financing regime established in this law, as well as the electoral campaign regime established in the National Electoral Code.

TITLE II

Single Chapter

National Electoral Code-Law 19,945

Article 33.-Amend Article 64a of the National Electoral Code, law 19,945, which shall be worded as follows:

Article 64 bis: Electoral campaign. The electoral campaign is the set of activities developed by the political groupings, their candidates or third parties, through acts of mobilization, dissemination, publicity, opinion and communication consultation, presentation of plans and projects, The debate on the political will of the electorate, which will have to be developed in a climate of democratic tolerance. Academic activities, conferences and the realization of symposia will not be considered as part of the electoral campaign.

The election campaign starts fifty (50) days before the general election date and ends forty-eight (48) hours before the start of the election.

Article 34.-Amend article 64 ter of the National Electoral Code, law 19,945, which shall be worded as follows:

Article 64 ter: Advertising in the media. The issuance and publication of advertisements in television and radio media in order to promote the recruitment of candidates for elective public office, as well as the publicity of the parties, is prohibited. (35) days prior to the date fixed for the committee, politicians and their actions, before the thirties and five (35) days prior to the date fixed for the commission.

The issuance and publication of advertising notices for electoral purposes in graphic, public, internet, mobile and fixed telephony, and static advertising in public shows, may only take place during the campaign period. established in this law.

The federal court with electoral jurisdiction shall immediately have the automatic cessation of the notice issued when it is outside the time and privileges regulated by the law.

Article 35.-Substitute Article 64 c of the National Electoral Code, Law 19,945, which shall be worded as follows:

Article 64 c: Publicity of acts of government. During the electoral campaign, the publicity of the acts of government shall not contain elements which expressly promote or disincentive the recruitment of the suffrage in favour of any of the candidates for elective public office, or of the groups policies for which they compete.

It shall be prohibited during the twenty-five (25) days preceding the date fixed for the holding of the primary, open and simultaneous elections, and the general election, the holding of open acts of public works, the launch or promotion of plans, projects or programmes of collective scope and, in general, the implementation of any act of government which can promote the recruitment of suffrage in favour of any of the candidates for national elected public office, or groups for which they are competing.

Failure to comply with this Article shall be sanctioned in accordance with the provisions of Article 133a provided for in this Code.

Article 36.-Amend article 128 ter of the National Electoral Code, Law 19,945, t.o., decree 2.135/83 and its amendments, which shall be worded as follows:

Article 128 ter: Advertising in media and digital platforms.

a) The political party that fails to meet the limits of broadcasting, content and publication of advertisements on television, radio, graphic media, public, internet, mobile and fixed telephony, and static advertising in public shows, will lose the right to receive contributions, subsidies and any annual public financing facility, for a period of one (1) to four (4) years and the funds for campaign finance by one (1) to two (2) elections;

(b) the human or legal person who fails to limit the emission, content and publication of advertising notices on television, radio, graphic media, public roads, the Internet, mobile and fixed telephony, and static advertising in public spectacles; be liable for a fine of between ten thousand (10,000) electoral modules and one hundred thousand (100,000) electoral modules;

(c) The human or legal person who operates an online communication or communication service and who shall violate the prohibition set out in Article 64 ter of this law shall be liable for the following penalty:

1. Multa equivalent to the total value of the second advertising of one (1) up to four (4) days, according to the billing of that medium in the month before the one in which the infringement occurs, if it is a television or radio station.

2. Fine equivalent to the total value of the centimetres of advertising of one (1) up to four (4) days, in accordance with the billing of that medium in the month preceding the month in which the infringement occurs, in the case of a graphic medium;

3. Multa equivalent to the total value of megabytes consumed from one (1) to four (4) days, according to the billing in the month preceding the one in which the infringement occurs, if it is online digital communication service.

Article 37.-Substitute Chapter III of Title VI of the National Electoral Code, law 19,945, which shall be worded as follows:

Chapter III

Procedure for the Application of Electoral Penalties.

Article 146: High and electoral crimes. The federal judges with electoral competence will know in the first instance of the faults, crimes and infractions provided for in this Code, in Law 26.215 of Financing of Political Parties, in Law 26,571 of Democratization of the Political representation, Transparency and Electoral Equity and any other electoral norms that replace them. The National Electoral Chamber will intervene in the second instance.

The actions resulting from the offences provided for in the preceding paragraph prescribe at two (2) years to count from the date of the event. In the crimes for which it provides for the deprivation of liberty, the statute of limitations provided for in the Criminal Code of the Nation will apply.

In all cases, the limitation period of the event is suspended during the performance in the public service of any of the defendants.

Article 146a: Financial penalties deductible from public contributions. Fines and other financial penalties for political groupings that are deductible from public contributions are set in the judgment of approval or disapproval of the respective renditions, and are immediately notified to the National Directorate Electoral for their effective perception.

Article 146 ter: Penalties for the deprivation of liberty. In the event that the federal judge with electoral competence investigate an electoral crime that has the possibility of a custodial sentence, or any other crime provided for by the Criminal Code of the Nation or other special laws, in the event of Article 146 duovies shall apply the procedure provided for in the Code of Procedure of the Criminal Procedure of the Nation or which in the future replaces it.

Article 146 c: Other sanctions. Financial penalties and the disablement of human persons and financial penalties for legal persons who are not deductible from public contributions are dealt with by means of the procedure laid down in the following articles. procedural principles of inmediation, concentration and speed.

Article 146 quinquies: Acts. The federal judge with electoral competence interveners in actions with the relevant constances of the case and refers them to the district attorney with electoral competence in order to evaluate and promote the action, if any.

The Public Prosecutor's Office can promote the control of trade or the denunciation of any citizen.

Article 146 sexies: Personal citation. Within five (5) working days of the proceedings or of the proceedings being promoted, the intervener shall cite the person liable for a preliminary hearing in order to:

a) Taking knowledge of the actions;

(b) Designate a lawyer to assist him; otherwise, an Official Defender of the Public Ministry of Defense is assigned to him;

(c) the establishment of an electronic address, if it has not previously been established;

(d) Notify him of the date of conclusion of the discharge hearing, which shall take place within the following five (5) working days.

In the event that the said person does not attend the preliminary hearing and will not justify his/her appearance, an Official Ombudsman will be appointed and the procedure will continue according to his/her state.

Article 146 septies: Discharge hearing. In the discharge hearing, the comparator, in the presence of the legal assistant, shall orally discharge his discharge to the prosecutor, with the documentary proof that he intends to avail himself and the detailed identification of the other evidence. The discharge and proof shall be drawn up by the present.

In the event that the person is not attending the discharge hearing and will not justify his failure to appear, the procedure will continue according to his state.

Article 146 octies: Indictment. File. Referral. Within eight (8) working days of the discharge provided for in the previous article, the prosecutor shall make the charge or request the file of the proceedings against the federal judge with electoral competence; in both cases, he shall forward the file to the federal judge with electoral competence.

Article 146 nonies: Citation to trial hearing. Rejected the file or received the indictment, the federal judge with electoral competence will set the date of the hearing of judgment, which will not be able to exceed the thirty (30) days imextendable.

The resolution shall be notified electronically to the parties within forty-eight (48) hours of the judgment, with a copy of the charge.

The defence and the prosecution will be able to extend the test offered within five (5) working days of this notification.

Article 146 decies: Production of the test. The judge will immediately order the production of the test offered by the prosecutor and the defense that he considers relevant, which will be in charge of the party that proposed it.

Article 146 undecies: Hearing. The trial hearing will be oral and public. The defendant's arraignment does not suspend the procedure and will be evaluated by the judge. In the hearing the evidence will be incorporated, the parties, the prosecutor, the witnesses and the experts will be heard if there are any, and the judge will immediately give judgment.

Article 146k: Minutes. The minutes of the hearing shall contain the summary of the evidence, the intervention of the parties and the judgment.

Article 146 terms: Judgment. The judgment must identify the defendant, describe the conduct of the offence, assess the evidence produced, found in law and absolve or condemn the defendant, and individualise the sanction.

If the penalty is pecuniary, it must establish the liquid sum of the sentence plus its accessories of interest and costs.

If the sanction were the disqualification for elective public office or political groupings, the notification to the National Register of Recidivism and the National Electoral Chamber will be ordered.

If the penalty for disqualification is ruled on a collegiate professional, it shall also be notified to the professional college in which it is registered for the purposes corresponding to its class.

Article 146 quaterths: Notification. The judgment shall be immediately and personally notified to the parties present at the hearing, and to the absent, by electronic notification.

Article 146 fifths: Appeal. The judgment shall be appealed within five (5) working days of the document, in writing. The appeal will be granted in relation to and only the return effect.

Article 146 sixths: Elevation. Granted the appeal, the judge will order the immediate lifting of the file to the National Electoral Chamber, which resolves according to the constances of the case.

Article 146 septenths: Execution of a pecuniary sentence. The judgment is sufficient for its execution by the federal judge with electoral competence, which shall proceed immediately. In the execution, the homes already constituted in the previous stage are valid. Only the total documented payment exception is supported.

Article 146 octoths: Intimation. Together with the notification of the pecuniary sentence, the debtor will be intimidated into the payment and accompanied within five (5) working days on record of the payment made to the National Electoral Directorate.

Article 146 novoths: Embargo. If the payment is not credited within the period of five (5) working days, the judge will seize registered assets or bank accounts or assets. If no such goods were known to him, he will issue Mandamiento de Embargo and Citación de Remate which will be completed by the Justice Officer in order to seize sufficient movable property to cover the fixed amount. The embargo shall be applied even if the debtor is not present, leaving due constancy.

Article 146 vicies: General inhibition of goods. If the debtor's assets are not known or if the liens are presumptively insufficient to cover the amount of the sentence, the judge will order the general inhibition of the property against the execution. The measure will be without effect if the debtor presents goods, however, it will give enough or proof of payment made to the National Electoral Directorate.

Article 146 unvicies: Application of supplementary. The Civil and Commercial Code of the Nation will be applied in an extra way.

Article 146 duovies: Offences provided for in the Penal Code and other special laws. If, within the framework of the processes provided for in the electoral laws, the possible commission of a crime typified in the Penal Code or its complementary laws is evidenced or denounced, its investigation will be in charge of the federal judge with corresponding electoral competence, and the following rules shall apply:

I. It will be the responsibility of the federal judges with electoral competence to investigate all crimes whose criminal action depended on questions of the electoral jurisdiction.

The questions referred for a preliminary ruling shall be:

1. Those who shall deal with the presentation of the renditions of Articles 23, 54 and 58 of Law 26.215 and Articles 36 and 37 of Law 26,571 or those that replace them in the future;

2. Those that will be about the test, its analysis and evaluation in the renditions of the previous paragraph;

3. The approval or disapproval of the renditions of Articles 23, 54 and 58 of Law 26.215 and Articles 36 and 37 of Law 26,571 or those that replace them in the future.

II. The opening of the control processes to the electoral financing of Articles 23, 54 and 58 of Law 26.215 and Articles 36 and 37 of Law 26,571 or those that will replace them in the future, from their publication on the website of the Judicial Power of The Nation, will produce the attraction for the connection to the federal judges of First Instance, with electoral competence, of the procedure of the trials in other forces in which they are ventilated crimes of the Penal Code and its complementary laws. The federal judge with electoral competence will know of the underlying causes as normalized by the Code of Criminal Procedure of the Nation, or the one that will replace him in the future.

III. Whatever the subsequent sentence on the criminal action, the previous sentence relapsed in the last election trial in res judicata, will retain all its effects produced in the fuero.

IV. In all cases, the National Electoral Chamber will be the National Electoral Chamber.

TITLE III

Single Chapter

Law 26,571

Article 38.-Amend Article 31 of Law 26,571, which shall be worded as follows:

Article 31: The electoral campaign of the primary, open, simultaneous and compulsory elections is initiated fifty (50) days before the date of the commission.

The issuance and publication of advertisements in television and radio media in order to promote the recruitment of candidates for elective public office, as well as the publicity of the parties, is prohibited. (35) days prior to the date fixed for the committee, politicians and their actions, before the thirties and five (35) days prior to the date fixed for the commission.

The issuance and publication of advertising notices for electoral purposes in graphic, public, internet, mobile and fixed telephony, and static advertising in public shows, may only take place during the campaign period. established in this law.

Advertising and the campaign end forty-eight (48) hours before the start of the election.

The federal court with electoral jurisdiction shall immediately have the automatic cessation of the notice issued when it is outside the time and privileges regulated by the law.

Article 39.-Amend the last paragraph of Article 32 of Law 26,571, which shall be worded as follows:

Political groupings forty-eight (48) hours before the start of the electoral campaign of the primary elections, they will appoint a (1) economic-financial officer with the National Electoral Directorate of the Ministry of Interior, Public and Housing.

Article 40.-Article 37a is incorporated into law 26,571, which shall be worded as follows:

Article 37a: Procedure for the control of assets. The federal judge with electoral competence shall transmit the final campaign reports of the lists and the political groupings provided for in Articles 36 and 37 of this law to the Auditor's Body of the National Electoral Chamber, which shall carry out the audit within the maximum period of ninety (90) days of receipt of the same.

The audit opinion shall be forwarded to the political grouping and the corresponding lists so that within twenty (20) days of receipt of the opinion, the observations or requirements formulated, under the warning of a decision, shall be answered. in the state of the case, prior to the Public Prosecutor's Office.

If the political grouping and/or the lists answer the observations or requirements formulated, new intervention will be given to the Body of Auditors, which will be issued within the maximum period of fifteen (15) days of received the same. From this report it will be transferred by ten (10) days to the political grouping and/or to the lists. The transfer or the expiration of the deadline provided and after having been given to the Public Prosecutor's Office, the federal judge with electoral competence will resolve within the period of thirty (30) days.

TITLE IV

Fiscal aspects of the Amounts

Article 41.-Incorporate as the third paragraph of Article 81 (c) of the Law on Income Tax, and the following:

In the case of donations to the Permanent Party Fund or recognized political parties, including those for electoral campaigns, the limit established for their deduction should be calculated autonomously in respect of the rest of the donations.

TITLE V

Single Chapter

Law 19.108

Article 42.-Substitute Article 4 (d) of Law 19.108, which shall be worded as follows:

(d) Organize at its headquarters one (1) Body of Accountant Auditors to verify the accounting status of the parties and the compliance, as appropriate, of the applicable legal provisions. To these ends, it will have a special annual fund that will not be less than seven percent (7%) of the Permanent Partisan Fund, which will be integrated with the duties levied on the procedures that are carried out at its headquarters, with the funds The Ministry of Interior, Public Works, and Housing, in the case of not covering the minimum established, provided for the General Budget of the National Administration and with the resources from the Permanent Party Fund. The fund will be used to finance the expenses arising from the empowerment and realization of personal services, the acquisition of material resources, and any organization oriented to the control of the financing of the political groupings. On a quarterly basis, the court will verify that it has received at least a quarter (1/ 4) of that minimum amount and in case of failure to reach that amount, it will communicate it to the National Electoral Directorate of the Ministry of Interior, Public Works, and Housing. that is completed.

TITLE VI

Transitional Provisions

Article 43.-The political groupings must adapt their Organic Letters and regulations and comply with the requirements laid down in this law within one hundred and eighty (180) days of their entry into force, extendable equally period, being from the expiration of that period of time the provisions which are opposed to the present.

Article 44.-Eight (8) counts of Auditors, with budget category of Administrative Prosectores, will be held in the National Electoral Chamber's Board of Auditors.

Article 45.-The Public Prosecutor's Office and the Public Ministry of Defense will reorganize their offices and adopt the necessary measures for the fulfillment of the functions that, due to the modifications of the National Electoral Code in this law, they are assigned to them.

Article 46.-Rule 67 bis of Law 26.215.

Article 47.-Amend articles 4 °, 5 °, 10, 11, 27, 32, 36, 49, 50, 60, 63, 70, 87, 92, 119, 125 and 147 of Law 19,945-National Electoral Code, replacing the term 'electoral judge' by that of 'federal judge with electoral competence'.

Article 48.-The national executive branch shall approve the ordered text of Law 26.215 and the National Electoral Code within one hundred and eighty (180) days from the entry into force of this law.

Article 49. This law shall enter into force on the day following its publication in the Official Gazette.

Article 50.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON MAY 15, TWO THOUSAND NINETEEN.

REGISTERED UNDER NO 27504

FEDERICO PINEDO-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi