Political Funding Act (LFiPol) - Purpose of the Act (POLFIG)

1. This Act aims to implement Article 139a of the Constitution.

2. Within this framework, it regulates

a) the obligations of political organizations according to Article 4;

b) the obligations of individuals elected by the people to public office;

c) the oversight of compliance and the sanctions for violation of these obligations.

1. This law applies to political organizations participating in the election or referendum campaigns mentioned in Article 6, as well as to individuals elected under these elections.

2. It does not apply to political organizations involved in election or referendum campaigns concerning municipal matters, nor to individuals elected in the context of such elections.

1. Financing is understood to mean financial contributions and benefits in kind from natural and legal persons (donations or other contributions).

2. Donations or other contributions made by the same donor to a political organization are accumulated. If the accumulated donations reach or exceed the thresholds provided in the following articles, the donor must be listed on the donor register.

3. Donations received anonymously or under a pseudonym must be immediately transferred to the State Chancellery. Otherwise, they will be confiscated.

4. Donations or other contributions owed to the state are added to the fixed amount granted by the Grand Council for the general election campaign expenses of the next comprehensive renewal elections, pursuant to Article 1a paragraph 1 letter a of the Law of 22 June 2001 on the State's financial participation in election campaign costs.

1. As "political organizations" within the meaning of this law, political parties, political groups, campaign, initiative, and referendum committees, as well as organizations that participate in election or voting campaigns, are referred to, regardless of their legal form.

2. Political organizations "that participate in election or voting campaigns" are considered to be those that, over a certain period, make an intensive effort with the aim of influencing the outcome of the ballot and, for this purpose, collect financial resources from third parties.

1. Political organizations clearly and unambiguously inform donors, who make inquiries, in advance that their identity or company name may be disclosed under the conditions set forth in Article 139a of the Constitution and according to this law.

1. The obligation to disclose their funding and the financing of their election and voting campaigns applies to all political organizations participating in the following elections and votes

a) Elections to the Council of States and the National Council;

b) Elections to the Grand Council;

c) Elections to the Council of State;

d) Elections to the office of District Prefect;

e) Cantonal referenda.

2. These obligations also apply to initiative and referendum committees at the cantonal level.

1. Political organizations are required to disclose their financials if the budgeted expenditures for a cantonal election or referendum exceed 10,000 Swiss francs.

2. Any organization required to disclose must provide its budget with planned expenditures and their financing before an election or referendum. If known, the budget must include the name and residence of natural persons contributing more than 5,000 Swiss francs to the financing of the relevant election or referendum campaign, and the company name and business address of legal entities contributing more than 1,000 Swiss francs.

3. Following an election or referendum, a final account must be submitted for expenditures exceeding 10,000 Swiss francs; this final account must include the name and residence of natural persons who contributed more than 5,000 Swiss francs to the financing of the relevant election or referendum campaign, and the company name and business address of legal entities that contributed more than 1,000 Swiss francs.

1. The accounts of the organizations registered in the register of political organizations shall be published every year.

2. The name and domicile of the natural persons who have contributed more than 5000 francs to the financing of the political organization in the relevant year, as well as the company name and registered office of the legal entities that have contributed more than 1000 francs, must be published.

1. Persons responsible for organizations subject to disclosure requirements must submit the following to the State Chancellery

a) the budget for financing an election or referendum campaign no later than six weeks before the election or referendum day;

b) the final accounts no later than six months after the election or referendum day;

c) the annual financial statements by the end of June of the following year.

2. They must confirm the completeness and accuracy of the information provided in the submitted documents. The State Chancellery conducts random checks of budgets and final accounts; it may delegate the fulfillment of these tasks to third parties pursuant to Article 54 of the Constitutional Law. The annual financial statements are not subject to review.

3. If the documents are not submitted within the deadline, the State Chancellery will prompt the responsible parties to submit them and will grant an additional deadline. If necessary, it will inform the affected parties that they may be reported if submission does not occur within this period.

4. Should the documents not be submitted within the additional timeframe or are found to be non-compliant upon review, the State Chancellery is obliged to report the case to the competent prosecutorial authority.

5. Submission to the State Chancellery constitutes disclosure by the affected parties.

1. The following elected officials are subject to the duty of disclosure for the income they earn from and in connection with their mandate

a) ...

b) the members of the Grand Council;

c) the members of the State Council;

d) the prefects.

**1. Income Earned from the Mandate:**

a) ...

b) for Members of the Cantonal Council, all remuneration received pursuant to the legislation concerning the Cantonal Council;

c) for State Councilors, District Governors (female and male), the salary as defined by the legislation on the salaries and professional pensions of State Councilors, District Governors, and Cantonal Judges.

**2. Income Earned from Other Activities Related to the Mandate:**

This income, with the exception of income from the primary professional activity, consists of all salaries received by the individuals mentioned in paragraph 1 for

a) their roles in management and supervisory boards, as well as advisory boards of legal entities under private and public law, for which they were also appointed due to their mandate;

b) their participation in commissions and other bodies of the Confederation, a canton, or an inter-cantonal cooperation;

c) other political offices;

d) ongoing management or advisory activities for interest groups, including associations and foundations.

**3. Income Source Disclosure:**

The source of income does not need to be disclosed if doing so would violate professional secrecy as defined by the Swiss Penal Code.

1. The affected individuals must submit a complete list of incomes, as defined by Article 11, from the previous year to the State Chancellery using a form by the end of August each calendar year. The form informs the affected individuals of Article 194 of the Law on Direct Cantonal Taxes.

2. If the list is not submitted by the deadline, the State Chancellery shall request the affected individuals to provide it and will grant them an additional deadline. If necessary, it will inform the affected person that they will be reported if submission does not occur within this timeframe.

3. The State Chancellery and the office responsible for taxes collaborate to verify the completeness of the incomes acquired as per Article 11, on a sample basis.

4. The office responsible for taxes checks whether the incomes mentioned in Paragraph 1 have been disclosed, informs the State Chancellery about it, and also communicates the incomes that meet the definition of Article 11 but have not been reported. It may delegate the fulfillment of these tasks to third parties under Article 54 KV.

5. If the list is not submitted within the additional deadline or is found to be incomplete, the State Chancellery must report the case to the competent prosecuting authority.

6. Submission to the State Chancellery is considered disclosure by the affected individuals.

1. Information on the financing of political organizations and election and referendum campaigns, as well as the income of elected officials, is published by the State Chancellery on its website or made available in paper form.

2. The budgets for election and referendum campaigns are published or made available no later than when the voting and election materials are sent to the voters. The final accounts are published no later than two months after their submission to the State Chancellery.

3. The accounts of political organizations are published or made available in paper form no later than during the following year.

4. The income of elected officials is published or made available in paper form as soon as it has been reviewed.

1. All electronic documents relating to the financing of political organizations and election and voting campaigns, as well as those concerning income earned with the mandate and in connection with the mandate, shall be removed from the website one year after their publication and immediately destroyed.

2. All paper documents relating to the financing of political organizations and election and voting campaigns, as well as those concerning income earned with the mandate and in connection with the mandate, may no longer be made available after one year and must be destroyed.

3. Additionally, the legislation on data protection and on information and access to documents shall apply.

1. Any violation of Articles 5-9 committed by a political organization or one of its recognized sections shall result in the deprivation of any state involvement in the election campaign costs for the relevant election, or for the next election in which the organization would have been entitled to support.

2. The State Chancellery is responsible for imposing this deprivation of involvement or demanding its reimbursement.

3. The Administrative Procedure Act applies.

1. A fine of up to 10,000 Swiss Francs will be imposed on anyone who intentionally violates one of the obligations under Article 3 paragraph 3 and Articles 6-12.

2. Anyone who negligently violates these obligations will be fined up to 5,000 Swiss Francs.

3. If the disclosure obligations provided for in Articles 3 paragraph 3 and 6-12 are violated and the responsible natural person cannot be identified, the violation will be attributed to the relevant political organization, which will be penalized with the fine provided for in paragraph 2. However, the political organization can only be fined if it has legal personality and has not demonstrated that it has taken all necessary and reasonable organizational measures to prevent such a violation.

1. Offenses shall be prosecuted and adjudicated pursuant to the Justice Act.

2. The seizure in favor of the state of donations or other contributions received anonymously or under a pseudonym, which have not been reported to or immediately transferred to the State Chancellery, shall be governed by the Swiss Code of Criminal Procedure.