[ARCHIVO] What are the new laws that seek to improve democracy?

Ten commitments within the Integrity and Transparency Agenda have now been fully processed by National Congress, a historic milestone in our journey towards improving democracy, fighting corruption, eradicating bad practices and recovering voter confidence in their institutions.

Among the regulations enacted are a law to strengthen democracy and make it more transparent, a law that strengthens the public and democratic character of political parties, and a law that requires integrity from public officials. We invite you to review its most important points:

This law improves control over electoral spending:

• The electoral spending limit has been reduced by 50%, to optimize the resources that candidates use during their campaigns.
• it prohibits contributions from legal entities to political campaigns, in order to prevent business from influencing politics.
• If parties want to use public resources, they must re-register all their active members within a twelve month period.
• The campaign period for Presidential candidates has been extended to 200 days prior to election day.
• If someone tries to disguise the source of their campaign funds, they could lose their post.
• The law also improves the use of electoral propaganda:
• Election propaganda can only be displayed in those public spaces allowed by the Electoral Service, to improve the quality of voter’s lives and avoid saturating their streets and parks.
• Candidates and their campaign managers or coordinators must denounce any omission or breach committed by their campaign workers.
• Campaign managers cannot use billboards.
• The law effectively monitors and applies fines:
• The Electoral Service will be responsible for monitoring electoral processes, with wider control tools and new powers.
• Anyone collecting contributions for political campaigns or parties that exceed the amount permitted by law by forty per cent shall be sentenced to prison for a minimum to medium term (61 days to 3 years and a day) and a fine equivalent to three times the amount collected.
• If contributions are received from a legal entity, people are at risk of imprisonment for a minimum to medium term (61 days to 3 years and a day) and a fine equivalent to three times the amount collected.
• If a campaign manager, a general campaign manager, or the treasurer of a political party provides the Electoral Service with false information, he or she may be sentenced to prison to the maximum extent (three years and one day to 5 years).

“These new laws have introduced changes to the rules of the game for Chilean politics; they are more demanding and more transparent, with clear prohibitions and the loss of a seat for those who committed an offense. Companies can no longer finance candidates, among other prohibitions”.

President Michelle Bachelet, April 11, 2016.

This law promotes greater internal democracy:

• The Electoral Service will participate in internal political party elections as the authenticating officer, to ensure greater transparency.
• Collectives are to be converted into legal entities under public law, and must promote citizen participation, especially amongst women and young people.

The law also improves competition regulations:

• The initiative decreases the requirements to form new political parties, from 0.5% to 0.25% of the electorate in three contiguous regions or eight discontinuous regions.
• Collectives will only be allowed to continue if they include four Congressmen, or obtain 5% of the votes in every region where they have candidates.

It also seeks gender equity

• This law guarantees greater female participation in the main committees of political parties, using quotas, with a minimum participation of 60:40 in governing bodies.

This law demands more from public officials:

• It increases the number of public officials and positions that need to declare their wealth and interests, and it tightens the sanctions for those who transgress these regulations.
• These declarations should include real estate, vehicles, shares, interests in companies and even the names of spouses and relatives, to prevent anomalies that could affect the decisions taken by a particular project or institution.
• Those who do not complete the declaration, or provide incomplete and inaccurate information, risk fines from 5 to 50 UTM and could even lose their post.
• Officials that have investments in securities valued at over UF 25,000 (approx. Ch$655 million) must delegate investment management to a third party. Furthermore, if senior officials have interests or shares in businesses that provide services to the State, they will have to apply for a “special mandate for a securities portfolio”, which is also known as a blind trust.