4

§ 1. (Are considered election propaganda expenses as required by the provisions of this law all expenses and financial obligations related to verbal, written, sound and visual messages intended to have a favorable impact on the result of a political party and of its candidates and that are issued, as the case may be, within three months prior to the elections organized according to article 105 of the Election Code or, for extraordinary elections, during the period starting with the publication date in the Belgian Official Gazette of the royal decision on summoning the electoral bodies of the Federal chambers and ending with the elections date. However, if, for extraordinary elections, the publication of the said royal decision is made after the beginning of the three-month period mentioned above, the already elapsed term is taken into account.)
(§ 2. Also, are considered election propaganda expenses as per § 1, expenses made by third parties for the benefit of political parties or candidates, unless the last:
- request, from the day they become acquainted with the campaign conducted by the said third parties, in a notification, by registered mail, the termination of this campaign;
- send a copy of the said letter, accompanied or not by the written approval of the third parties, requesting the termination of the campaign, to the presidents of the main offices, who shall, according to article 94ter, § 1, paragraph 1, of the Election Code, draw up a report related to the election propaganda expenses made by the candidates and the political parties. These presidents shall attach the said document(s) to the statements on the election expenses and the origin of funds submitted by the parties or the involved candidates.) <L 2003-04-02/34, art. 4, 005; Effective with: 16-04-2003>
(§ 3.) Are not considered election propaganda expenses: <L 2003-04-02/34, art. 4, 005; Effective with: 16-04-2003>
1° supply of unpaid personal services as well as the use of any personal vehicle;
2° publication in a daily or a periodic journal of in-depth articles, provided this publication is performed in a similar manner and according to the same rules as those beyond the election period, without any remuneration, retribution, nor any promissory payment or compensation, the daily or periodic journal has not been especially created for or with a view to serving the elections and the distribution and frequence of publication are the same as beyond the election period;
3° radio or tv broadcast of programmes containing opinions or comments, provided these programmes are broadcasted in the same manner and according to the same rules as beyond the election periods, without any payment, retribution, nor any promissory payment or compensation;
4° radio or tv broadcast of any election programme or series of election programmes, provided representatives of political parties as per article 1 can participate in these programmes;
5° radio or tv broadcast of any election programme, provided their number and duration are set forth depending on the number of political parties' representatives within the legislative assemblies.
(6° the cost of periodic events, provided:
- they feature no exclusive electoral purpose;
- they are regular and recurrent, and have the same features regarding the organisation; the periodicity is assessed based upon a two-year reference period prior to the period as specified at § 1, during which the said event will have taken place at least once a year, or based upon a four-year reference period prior to the period as specified at § 1, during which the said event will have taken place at least once every two years. If expenses made for advertising and invitations are, however, clearly exceptional compared to the normal progress of a similar event, they shall be imputed, by exception, as election expenses;
7° the cost of payable non-periodical events, organized on election purposes, as far as expenses are covered by the revenue, except for the ones derived from sponsorships, and if there are no expenses made for advertising and invitations. If expenses are not covered by the revenue, the difference shall be imputed as election expense;
8° expenses made, during the election period, within the normal organization of a party on national or local level, especially for the organization of party conferences and meetings. However, if expenses made for advertising or invitation reasons are clearly exceptional compared to the normal progress of this type of events, they shall be, by exception, imputed as election expenses;
9° expenses related to the creation, customization and management of internet applications, provided they operate in the same manner and according to the same rules as beyond the reference period.) <L 2003-04-02/34, art. 4, 005; Effective with: 16-04-2003>
(§ 4. The expenses and financial obligations related to goods, supplies and services as per (§§ 1 and 2), shall be imputed based upon the market price.) <L 2003-04-02/34, art. 4, 005; Effective with: 16-04-2003>
(amending references:
- L 1991-05-21/56, art. 1
- L 1993-06-18/34, art. 2
- L 1994-05-19/62, art. 5
- L 1994-07-12/31, art. 1, § 1
- L 1995-04-10/34, art. 2, Effective with: 25-04-1995)