Election law, specifically the regulation of campaign finance, addresses the legal framework surrounding contributions to political campaigns. Prohibited contributions refer to donations or forms of support that are illegal under various election laws, including national and international standards. These laws are designed to ensure transparency, fairness, and prevent undue influence in the electoral process.

1. General Overview of Prohibited Contributions

The rules on prohibited contributions often depend on national legal systems, but some common principles exist across many countries:

Foreign Contributions: In many countries, foreign nationals, foreign corporations, and foreign governments are prohibited from contributing to political campaigns. The intent is to prevent foreign influence on domestic political processes.
Government Entities: Contributions from government institutions or state-owned enterprises are generally prohibited, as these are viewed as potentially influencing the impartiality of public administration.
Anonymous Donations: In order to maintain transparency, anonymous contributions beyond a certain threshold are often prohibited. This prevents the concealment of the true source of funds.
Excessive Contributions: Many jurisdictions impose caps on individual or organizational contributions to prevent undue influence by wealthy individuals or groups. Contributions exceeding these limits are prohibited.

2. Prohibited Contributions in National Contexts

Each jurisdiction defines what is considered a prohibited contribution in its election law. For instance:

United States (Federal Law):
- Contributions from foreign nationals are illegal under the Federal Election Campaign Act (FECA).
- Contributions from corporations and labor unions are strictly regulated.
- Certain federal contractors are prohibited from making contributions to political campaigns while under contract with the federal government.
Philippines:
- Foreigners and foreign entities are prohibited from directly or indirectly participating in election-related activities, including campaign contributions, under the Omnibus Election Code (Batas Pambansa Blg. 881).
- Government entities or officials using public funds or resources for campaigns is illegal.
European Union:
- Member states typically ban foreign campaign donations and place strict regulations on corporate contributions, depending on national laws.

3. International Standards on Campaign Contributions

At the international level, there are guidelines aimed at ensuring fair elections, often advocated by organizations like the United Nations, the Council of Europe, and OSCE/ODIHR. These organizations emphasize:

Transparency: Countries should implement rules to disclose sources of campaign finance to prevent illegal or hidden influences.
Prevention of Corruption: Laws should aim to prevent the concentration of political power by wealthy donors, promoting equal participation in elections.

The United Nations Convention against Corruption (UNCAC) also highlights the need for transparency in political funding as a measure against corruption.

4. Common Forms of Prohibited Contributions

Foreign Nationals and Entities: As mentioned, this includes contributions from foreign individuals, companies, or organizations.
State-Owned Enterprises (SOEs): Contributions from SOEs are usually barred because they might distort the political process by aligning the government’s financial resources with a particular candidate.
Public Funds: The use of public funds, equipment, or resources for campaign purposes is generally prohibited to ensure fair competition.
Corporations and Unions: Depending on the jurisdiction, corporations and unions may be prohibited or strictly regulated in terms of contributing to political campaigns.
Non-Citizens: In most democracies, only citizens or entities with a domestic presence may contribute to campaigns, to ensure that the electoral process reflects domestic political will.

5. Enforcement and Sanctions

Election authorities, like the Federal Election Commission (FEC) in the United States, or national election commissions in other countries, are tasked with enforcing laws related to prohibited contributions. Violations can result in:

Fines: Political parties or candidates who accept prohibited contributions can be subject to significant fines.
Disqualification: In extreme cases, accepting prohibited contributions may result in the disqualification of a candidate or political party.
Criminal Penalties: Depending on the severity of the violation, individuals or entities involved in prohibited contributions may face criminal prosecution.

6. Public International Law Considerations

In the realm of international law, countries are encouraged to adopt laws consistent with international democratic standards. International observers, such as the OSCE or UN electoral observers, often monitor elections to ensure compliance with international norms, including the prohibition on illegal contributions.

In summary, prohibiting certain types of campaign contributions is essential for maintaining the integrity, transparency, and fairness of electoral processes. Legal systems across the world enact such prohibitions to safeguard democracy from undue influence and corruption.