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Government Emergency Ordinance 98/2008,
on amending and supplementing Law no. 334/2006 on financing the activities of political parties and electoral campaigns


Published in the Official Journal, Part I, no. 630 of 08.29.2008.

The Romanian Government adopts this emergency ordinance.
Article I
Law no. 334/2006 on financing the activities of political parties and electoral campaigns, published in the Official Journal, Part I, no. 632 from July 21, 2006, with subsequent amendments, shall be amended and completed as follows:
1. In Article 5, after paragraph (3) a new paragraph shall be inserted as follows:
“(3¹) In the fiscal year in which more elections are held, donations received from an individual can be of up to 400 gross minimum salaries per country, for every election campaign or campaign for a referendum, at the value from January 1 of that year, according to the provisions of par. (2)”.
2. In Article 5, after paragraph (4), a new paragraph shall be inserted as follows:
“(4¹) In the fiscal year in which more elections are held, yearly donations received from a legal entity can be of up to 1000 gross minimum salaries per country, for every election campaign or campaign for a referendum, at the value from January 1 of that year, according to the provisions of par. (2)”.
3. Article 9 (2) a) shall be amended as follows:
"a) For individuals: the donor's name and surname, personal social security number, citizenship, amount, type and date when the donation was made".
4. In Article 19 after paragraph (4), a new paragraph shall be inserted as follows:
“(4¹) During the temporary suspension of the subvention, it shall be preserved by the Permanent Electoral Authority as pending mandates until the final court decision is issued, and shall not be reimbursed to the state budget at the end of the year."
5. Article 21 (5) is amended as follows:
“(5) Within 30 days, the Bucharest Court will notify the Ministry of Interior and Administrative Reform and the Permanent Electoral Authority about the cessation of the political party’s activity.”
6. Article 23 (2) is amended as follows:
(2) Donations and legacies received opening the electoral campaigns can be used for election campaign only after declaring them at the Permanent Electoral Authority. "
7. In Article 26 after paragraph (a), a new paragraph is inserted as follows:
 (11) The donations and legacies for a candidate or a party, received after the official announcement of the election date for the Chamber of Deputies and Senate, may be made only through a personal financial representative or the party's financial authorized agent. He can be appointed by the governing bodies of political parties, political alliances, electoral alliances, organizations of Romanian citizens belonging to national minorities, for their candidates, or may be personally chosen by each candidate. "
8. Article 26 (2), b) is amended as follows:
"b) for each electoral college, in case of elections for the Chamber of Deputies and, respectively, for the Senate;".
9. Article 26 (3), b) is amended as follows:
"b) verify the legality of the transactions made during the election campaign, observing the provisions on donations registered between disclosure and completion date of the election campaign".
10. In Article 26 after paragraph (6) three new paragraphs are introduced (61) (62) and (63):
(61) The financial authorized agent represents the party in the relationship with the Permanent Electoral Authority.
(62) During the election campaigns for the Chamber of Deputies and the Senate, records are kept for each candidate's financial operations by a personal financial representative, which may be the same for several candidates. Candidates’ financial authorized agents shall send through the financial authorized coordinating agent reports to the Permanent Electoral Authority, according to the law.
(63) The Permanent Electoral Authority may ask, if necessary, additional documents or explanations from candidates’ financial representatives. "
11. Article 26 (8) shall be amended as follows:
(8) The quality of financial agent is acquired only after its official registration at the Permanent Electoral Authority. The financial agent’s registration is made in the period between the disclosure the election to the public date and the beginning of the campaign, being made public in newspapers or on the party’s Internet page."
12. In Article 26 after paragraph (8), a new paragraph is inserted as follows:
(9) The candidates cannot be financial authorized agents. "
13. In Article 30 after paragraph (a), a new paragraph is inserted as follows:
(11) At central level, in addition to the maximum limits for each candidate, the party can spend an amount exceeding 50 gross minimum salaries per country for each candidate."
14. Article 30 (2) a) is amended as follows:
"a) 350 minimum gross salaries per country for each candidate for deputy;.
15. Article 30 (2), after a), a1) is introduced:
"a1) 500 minimum gross salaries per country for each candidate for senator".

16. In Article 31 after paragraph (a), two new paragraphs: (11) and (12) are introduced as follows:
(11) If the election for the election of the Chamber of Deputies and, respectively, for the Senate election, the county constituencies, each party will open, if necessary, one party or one account or sub account for each candidate function of Parliament.
(12) election propaganda activities of each candidate, and donations and bequests received by each candidate on behalf of the party takes place only through sub-accounts or under par. (11). "
17. In Article 31 after paragraph (2) insert a new paragraph (3) read as follows:
(3) The provisions of this Act shall not apply to deposits to deposit applications for the position of deputy or senator, provided by art. 29 para. (5) - (7) of Law no. 35/2008 election for the Chamber of Deputies and Senate and amending and supplementing Law no. 67/2004 for the election of local public authorities, the local government Act no. 215/2001 and Law no. 393/2004 on the Statute of local elected officials, with subsequent amendments. "
18. Article 32 (1) is amended and shall read as follows:
"Article 32. - (A) to validate the mandates, the party leadership, the county organization, candidates deputy or senator or, where appropriate, independent candidate shall submit to the Permanent Electoral Authority, a statement regarding compliance with the ceilings specified in Art. 30 para. 2).
19. Article 36 (3) is amended and shall read as follows:
(3) The act of the person under par. (2) making false statements on bad faith breach of legal provisions on financing of political parties is a crime and is punishable by imprisonment from one year to three years. "
20. In Article 38, paragraph (11) is amended and shall read as follows:
(11) After the period provided in par. (1) Permanent Electoral Authority ensure disclosure to the public a list of political parties, political alliances, electoral alliances, organizations Romanian citizens belonging to national minorities and independent candidates who have submitted detailed reports revenue and expenditures election as they are deposited by successive publication Official Gazette of Romania, Part I. "
21. Article 41 (1) is amended and shall read as follows:
"Article 41. - (1) The contravention and is punished by a fine of 5,000 to 25,000 lei lei violating the provisions of: Art. 3. (2) and (3), Art. 4. (3) and (4), Art. 5, 6, 7, 8, 9, Art. 10 para. (2) and (3), Art. 11 para. (a) and (3), Art. 12 para. (1) and (3), Art. 13 para. (a) and (2), Art. 20 para. (2), Art. 23, Art. 24 para. (a), Art. 25 para. (a) and ( 2), Art. 26 para. (a), (2), (3), (7) and (9), Art. 29 para. (2) - (4) and (6), Art. 30 para. (2) and (3), Art. 31, 38 and Art. 39 para. (2). "

Article II
Law no. 334/2006 on financing activities of political parties and electoral campaigns, published in the Official Gazette, Part I, no. 632 of July 21, 2006, with subsequent amendments, as well as changes and additions to this emergency ordinance shall be the Republic, after approval by law of this emergency ordinance, the texts a new numbering.