ONPE sanctioned Acción Popular to pay a fine of S/ 199,485 for not presenting financial information

ONPE sanctions the political party Acción Popular.

The Acción Popular political party was sanctioned to pay a fine of 40.3 tax units (UIT), equivalent to S/ 199,485, for failing to submit its annual financial information (IFA 2021) within the established legal term, reported the National Office of Electoral Processes (ONPE).

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Said political organization should have submitted its financial information until July 1, 2022, in accordance with electoral regulations.

The ONPE indicated that, dated March 22, 2023, Chief Resolution 000205-2023-JN/ONPE urged the political organization to regularize the offense committed, considered very serious, in accordance with the provisions of article 36-A of the Law of Political Organizations (LOP).

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It also established to notify the political organization of the content of the chief’s resolution, in accordance with article 36-A of the Political Organizations Law. In addition, the provision informed Acción Popular that it is still within the legal term of 15 business days, after being notified of the resolution, to administratively challenge it.

The Party Funds Supervision Management determined the existence of the responsibility of Acción Popular due to the fact that it did not present its financial information for 2021 within the term provided by law, on July 1, 2022, which is why the omissive conduct was classified as an infraction in numeral 4 of literal c) of article 36 of Law 28094, Law of Political Organizations and its amendments.

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Likewise, on July 13, 2022, the Verification and Control Sub-Management recorded that Acción Popular did not correct the observations made by the entity either and, consequently, the IFA 2021 is considered not presented.

Subsequently, through Report 001526-2022-SGVC-GSFP/ONPE, of August 4, 2022, a new verification of the political organizations that, until that moment, did not comply with presenting the IFA 2021 or did not correct the observations was carried out. made to it. This report also concludes that the aforementioned political organization did not comply with presenting its IFA 2021.

“Thus, it is proven that the political organization did not present its IFA 2021 within the legal term granted, that is, until July 1, 2022, thus configuring the typical conduct,” the resolution establishes.

On the other hand, the electoral body indicated that the improper use of direct public financing received by political parties has sanctions that go up to 100 tax units (UIT).

In this sense, Luis Camino, deputy manager of verification and control of the ONPE, pointed out that the Political Organizations Law establishes in its article 36 that using direct public financing for purposes other than those indicated in the norm is a serious offense.

Pursuant to said law, up to 50% of the amount assigned to parties can be used for ordinary operating expenses, such as hiring personnel, furniture, real estate, or various services. Likewise, he explained that no less than 50% should be allocated to education, training, research and dissemination expenses.

The official indicated that the norm prohibits using these resources, for example, for electoral campaign expenses, proselytizing activity expenses or to promote the image of one or two people linked to the political party.

“The sanction is a very serious infraction, which is established in no less than 31 UIT and a maximum of up to 100 UIT and the loss of its direct public financing,” said Luis Camino.

The ONPE verification and control deputy manager indicated that, in total, there are 10 political parties that are beneficiaries of direct public financing, having achieved representation in the Congress of the Republic during the last elections.

The official also recalled that the electoral body approved a total amount of 7 million 798,001.64 soles in favor of said political organizations for direct public financing for this semester.

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