Local Authorities (Elections Financing) Law, 5753-1993
חוק הרשויות המקומיות (מימון בחירות), תשנ"ג-1993
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
In this Law –
"Elections Law" – the Local Authorities (Elections) Law, 5725-1965;
"Direct Election Law" – the Local Authorities (Election of Head of Authority and His Deputies and Their Tenure) Law, 5735-1975;
"Regional Councils Law" – the Regional Councils (Election of Head of Council) Law, 5748-1988;
"Regional Councils Order" – the Local Councils (Regional Councils) Order, 5718-1958;
"the Elections" – the elections held pursuant to the Elections Law and pursuant to the Direct Election Law for every council of a local authority and for the head of authority, including new elections, repeat elections and special elections for the head of authority, and also elections for the head of a regional council including repeat elections and special elections for the head of a regional council, pursuant to the Regional Councils Law;
"candidate for head of regional council" – a candidate for head of a regional council pursuant to the Regional Councils Law, including a candidate in special elections for head of a regional council;
"faction" – a faction in the council of the local authority in which elections are to be held and which has been approved as a faction as stated in section 25(a) of the Elections Law;
"parent faction" – any of the following:
"party" – a party as defined in section 1 of the Elections Law;
"daughter faction" – a faction that has submitted, within 14 days after the determining date, a written notice to the Minister of the Interior stating that it is a daughter faction in the council of a local authority and identifying its parent faction; that notice shall bear the confirmation of the representative of the parent faction in the Knesset; a parent faction may have more than one daughter faction;
"list" – a list of candidates in elections to a municipal council or to a local council, excluding a regional council, which is not a faction;
"daughter list" – a list submitted on behalf of a parent faction in a local authority;
"election period" – the period from the determining date until election day, and in the case of a faction or list whose candidate participates in repeat elections, or a candidate for head of a regional council participating in repeat elections, or a candidate in special elections for head of authority – until the day of the repeat elections; for the purposes of new elections, the election period shall also include the period from the day on which the judgment ordering the holding of new elections became final until the day of the new elections;
"repeat elections" – elections pursuant to sections 9(b) and 9a(a) of the Direct Election Law, or pursuant to section 210 of the Regional Councils Order;
"new elections" – elections pursuant to section 73 of the Elections Law, including as applied by section 7(b) of the Direct Election Law;
"candidate in new elections" – (Lapsed);
"special elections for head of authority" – elections for head of a local authority pursuant to section 24a of the Direct Election Law;
"special elections for head of regional council" – elections for head of a regional council pursuant to section 6f of the Regional Councils Law;
"expenditure" – expenditure of a faction or list – including a parent faction – for the organisation of its activities, for campaigning and public relations or for maintaining organisational and ideological contact with the public, including obligations in respect of such expenditure;
"election expenditure" – the special expenditure of a faction or list – including a parent faction of a candidate for head of a regional council and of a candidate in special elections for head of authority – incurred in the election campaign, during the election period or for the benefit of the elections, including obligations in respect of such expenditure;
"current expenditure" – expenditure of a faction and of a list that has won a mandate, excluding election expenditure;
"the determining date" – any of the following:
"the Minister" – the Minister of the Interior;
"index" – the consumer price index published from time to time by the Central Bureau of Statistics.
Financing of election expenditure§
Every faction, every list, every candidate for head of a regional council and every candidate in special elections for head of authority is entitled to financing of their election expenditure from the State Treasury, in accordance with the provisions of this Law.
The unit of calculation§
The unit of calculation shall be NIS 56 per person entitled to vote.
Update of the unit of calculation§
"the basic index" – the index most recently published before the 3rd of Tevet 5777 (1 January 2017), and if the public committee referred to in section 4a decided to increase the amount of the unit of calculation pursuant to that section – the index most recently published before the day on which that decision was made;
"the new index" – the index most recently published before the determining date.
Increase of the unit of calculation§
The public committee referred to in section 1a of the Parties Financing Law, 5733-1973 (hereinafter – the public committee) is authorised to increase the amount of the unit of calculation; without derogating from the generality of the authority vested in it as aforesaid, in advance of the date of holding general elections as referred to in section 4 of the Elections Law and no later than one year before that date, the public committee shall examine and decide whether to increase the amount of the unit of calculation and by how much; if the public committee decided to increase the amount of the unit of calculation pursuant to this section, a notice shall be published in Reshumot (Official Gazette) of the increased amount of the unit of calculation.
The total financing§
In elections for all local authorities, the total financing shall be the product of the unit of calculation multiplied by the number of persons entitled to vote in all the local authorities in which the elections are to be held.
The financing amount in a local authority§
The financing amount for a faction, a list, a candidate in special elections and a candidate for head of regional council§
Joint list of candidates§
Application of the provisions of the Law to a joint list§
Where a joint list has been submitted, the provisions of this Law shall apply in respect of each of the factions comprising the list separately, in accordance with the arrangements applicable to it, with the following modifications:
Prohibition on transfer of funds§
Factions comprising a joint list shall not transfer funds to one another in any manner whatsoever, except by way of granting a loan or guarantee whose validity shall not extend beyond two months after the elections; the funds of a loan that was granted or a guarantee that was called upon shall be returned in full to the faction that provided them no later than the end of two months after the elections; if the loan funds or the called-upon guarantee were not returned by that date, they shall be regarded as prohibited expenditure in respect of the faction that provided the loan or guarantee, and as receipt of a prohibited donation in respect of the faction to which they were provided.
Financing of repeat elections§
Advances§
and it may choose one alternative first and thereafter the other alternative, according to the higher sum.
Conditions for Payment to a Faction§
Conditions for Payment to a List§
Conditions for Payment to a Candidate for Head of a Regional Council§
Extension of Time Limits§
Bank Guarantee§
Repayment of the Advance§
Limitation of Expenditure§
Limitation of Income§
Prohibition of Expenditure in Support of Another Candidate§
Appointment of Auditor§
Auditor in Small Local Authorities§
Powers of the Auditor§
Opinion§
A parent faction or the auditor of a faction or list that is not a daughter faction or daughter list, of a candidate for head of a regional council or of a candidate in special elections for head of authority, may at any time request from the State Comptroller an opinion as to whether a particular expenditure or a particular category of expenditure constitutes election expenditure; the Comptroller shall respond to the request within 14 days, and may give the response such publication as he shall determine.
Maintenance of Accounts§
Reports of Factions, Lists and Candidates§
State Comptroller's Report and Its Consequences§
A copy of the report shall be submitted to the Minister.
Notices, Declarations and Affidavits§
Notices, declarations and affidavits by those listed below pursuant to this Law shall be submitted:
Prevention of Charge and Attachment§
Amounts due or paid to a parent faction, a faction, a list, a candidate for head of a regional council or a candidate in special elections for head of authority pursuant to this Law are not capable of being made subject to a charge (security interest) or attachment.
Provisions Applicable to a Parent Faction§
Application of Provisions§
Liability of Representatives§
If an offence under sections 16 or 19 is committed by a parent faction, a faction, a list, a candidate for head of a regional council or a candidate in special elections for head of authority, every person who is a representative of one of those bodies, as referred to in sections 11(a)(2) and 12a(a)(1), shall also be charged, unless he proves that the offence was committed without his knowledge and that he took all reasonable measures to prevent or stop the offence.
Service of Notices§
The Minister shall transmit collectively to the State Comptroller, no later than the thirtieth day after election day, copies of the notices he received pursuant to sections 11(a), 12(a), 12a(a) or 26(c), as well as a detailed list of the amounts of advances paid pursuant to sections 10 or 26(b) to parent factions, factions, lists, candidates for head of a regional council and candidates in special elections for head of authority.
Guidelines and Rules of the State Comptroller§
Temporary Provision Concerning the Taxation of Wages for Election Purposes§
"election day" – the eighteenth day of Heshvan 5754 (2 November 1993) designated for elections to all the local authorities, including the day following it;
"repeat election day" – the second day of Kislev 5754 (16 November 1993) designated for repeat elections for heads of local authorities pursuant to the Direct Election Law, including the day following it;
"election period" – the period commencing on the day of submission of the lists of candidates as referred to in section 35(h) of the Elections Law and ending on election day;
"repeat election period" – the period commencing on the twentieth day of Heshvan 5754 (4 November 1993) and ending on repeat election day;
"election wages" – income as defined in the Income Tax Ordinance [New Version] (hereinafter – the Ordinance), paid by a parent faction, a faction, a list or an authority responsible for conducting the elections (hereinafter – the payer) to a person (hereinafter – the recipient), as consideration for work in connection with the elections performed during the election period or the repeat election period, as well as a payment made for the transportation of passengers or for haulage, or to cover vehicle expenses incurred in connection with the elections during the election period or the repeat election period, provided that the total amount for work and for transportation and expenses as aforesaid shall not exceed an amount prescribed by the public committee.
Temporary Provision Concerning Election Expenditure§
In respect of the elections to all the local authorities to be held on the eighteenth day of Heshvan 5754 (2 November 1993) –
"election expenditure" – the expenditure in connection with the election campaign of a faction or list that was incurred during the election period, for services and goods received during the election period, including obligations for such expenditure;
Amendment of the Municipal Corporations Ordinance§
In section 125a(d) of the Municipal Corporations Ordinance, in place of the definition of "faction split" the following shall come:
"'faction split' – any of the following:
Amendment of the Local Authorities (Elections) Law§
In section 95 of the Local Authorities (Elections) Law, 5725-1965, in place of the proviso commencing with the words "the secretary of the council shall keep" the following shall come: "the elections officer shall also deliver to the secretary of the council the written notice concerning the combination of factions and organisations as referred to in section 125a(d) of the Municipal Corporations Ordinance, if any; the secretary of the council shall keep the lists of candidates and the said notices until the next elections".
Amendment of the Elections (Propaganda Methods) Law§
In section 10 of the Elections (Propaganda Methods) Law, 5719-1959 –
Amendment of the Parties Financing Law§
In section 8(c) of the Parties Financing Law, 5733-1973, after the words "Knesset elections" the following shall come: "or elections to all the local authorities".
Commencement§
Implementation§
The Minister of the Interior is charged with the implementation of this Law and he may –
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