Existing campaign finance legislation

Currently, campaign financing in Guyana is regulated by the Representation of the People Act., Cap 1:03.

Section 104 (2) provides that a candidate may only expend up to $25,000 for personal expenses related to the elections, and requires the candidate to provide a written statement of said expenses to the elections agent of his group of candidates.

Section 106 (1) provides that a group of candidates may not expend more than $50,000 multiplied by the number of candidates on the respective list of candidates, which list must not contain more than 53 candidates.

Failure to comply with either provision is an offence. 

Further, Section 108 (1) requires an election agent of a group of candidates to, among other things, provide the Chief Election Officer (CEO) with all payments made by him, provide all personal expenses made by each candidate, and to provide all money, securities, and equivalent of money received by the election agent from the candidates or any other person for the purposes of expenses incurred or to be incurred on account of or in respect of the conduct or management of the election. This information must be provided no later than the 35th day after the declaration of the results of an election.

Further, Section 108 (2) goes on to provide that all payments made by an election agent relating to the conduct or management of the election, except where it is less than $100, be proven by a voucher or receipt, and sent to the CEO with the election expenses return.

Even further, Section 108 (3) provides that the election expenses return shall be accompanied by a declaration of all election expenses, while each candidate is required to, by the 35th day following the declaration of the election results, provide, or cause to be provided to the CEO, a declaration as to election expenses.

The legislation does not contain provisions which require disclosure of donors, or which caps the total contributions any one person or entity can make to a political part toward election-related expenses.

The Carter Center had recommended that Guyana modernise laws of this nature, given that the Act was promulgated in 1964.