In brief
Electoral offenses — defined as conducts that undermine the transparency and legality of democratic processes — may pose criminal, reputational and economic risks for companies and their executives who engage in such practices.
In the Colombian electoral context, these offenses involve not only candidates and political parties but may also implicate legal entities and decision-makers in the private sector, particularly in matters related to campaign financing, improper participation, and compliance with legal limits. Accordingly, prevention and strict regulatory compliance are the most effective strategies to protect business reputation and ensure continuity of operations.
Key points
What are electoral offenses and why should they matter to companies?
The Colombian Criminal Code defines “electoral offenses” as conducts that undermine the transparency, fairness and legality of electoral processes. Their impact extends beyond the political sphere and can directly affect companies and their executives. The main electoral offenses and their associated penalties include the following:
- Disruption of the democratic process: Involves obstructing or impeding voting through deceit or violence.
- Voter coercion: Consists of threatening or pressuring a person to influence their vote.
- Voter fraud: Occurs through deception to obtain a vote in a particular direction.
- Corruption and vote trafficking: Involves offering, promising or giving money, gifts or benefits in exchange for votes, or negotiating votes from third parties.
- Fraudulent registration of identification cards and fraudulent voting: Entails illegally registering identification cards or voting without the right to do so.
- Financing campaigns with prohibited sources, exceeding spending limits, and omission of information: Occurs through donations to electoral campaigns with illicit resources, exceeding legal limits for such financing, or failing to report contributions when required.
- Improper intervention of public officials and companies in politics: Involves using resources, influence or positions to favor political interests.
Penalties for electoral offenses may include imprisonment ranging from 4 to 12 years, depending on the conduct, and fines ranging from 50 to 1,200 monthly legal minimum wages (SMLMW).
Furthermore, sanctions may be increased if the conduct is committed by a public official, involves violence, conditions the granting of state benefits, or entails the use of public resources. Additional consequences may include disqualification from holding public office or contracting with the state, and, in the case of companies, the loss of legal status.
Risks and consequences for companies and executives
In the corporate context, it is essential to understand that conduct related to electoral offenses may entail significant risks and consequences for companies and their executives, including the following:
- Criminal and administrative liability: Executives, legal representatives and company administrators may be personally investigated and sanctioned for conduct related to electoral offenses, even if the company itself is not subject to criminal penalties.
- Sanctions against legal entities: Electoral‑related violations may result in direct consequences for companies, such as administrative penalties, loss of tax benefits and disqualification from contracting with the state.
- Disqualification from contracting with the state: Exceeding donation limits or irregularly financing a campaign may disqualify the company and its partners from entering into contracts with public entities during the term of the candidate who benefited from the conduct.
- Loss of tax benefits and economic sanctions: Noncompliance with legal requirements governing donations may result in the loss of tax deductions and the imposition of fines.
- Reputational impact: Being linked to investigations for electoral offenses can seriously damage the company’s image and erode trust among clients, authorities and the general public.
Recommendations on prevention and compliance
Simple regulatory ignorance or the failure to implement internal controls does not exempt an organization or its executives from liability and may expose them to criminal investigations, economic sanctions and significant reputational harm. Accordingly, prevention and effective compliance are essential to mitigate risks and protect corporate integrity:
- Verify the legality and traceability of contributions and activities: Before making donations, providing sponsorships or participating in political activities, ensure compliance with electoral and campaign financing regulations.
- Manage and retain supporting documentation: Maintain clear records of all operations, donations and internal approvals, including minutes, certificates and bank receipts.
- Implement internal controls and periodic audits: Establish review and monitoring procedures to detect potential risks or irregularities in relation to electoral processes.
- Train your team: Educate employees and collaborators on the risks, obligations and legal consequences of electoral offenses.
- Foster a culture of compliance and reporting: Promote internal reporting channels and an organizational culture oriented toward transparency and regulatory compliance.
- Monitor regulatory changes: Periodically review electoral regulations and adjust internal procedures according to new provisions.
Business participation in the Colombian electoral environment demands rigor, transparency and prevention. Adopting a proactive and responsible management approach not only reduces legal and economic risks but also strengthens the trust of clients, partners and authorities. It further enables companies to anticipate potential contingencies and demonstrates a genuine commitment to corporate integrity.
Accordingly, strict compliance with electoral regulations remains the most effective strategy to protect your business, preserve institutional reputation, and actively contribute to the integrity of Colombia’s democratic system.
Gabriela Mesa, Associate, has contributed to this legal update.
* * * * *
Download the Spanish version of Colombia: Electoral Offenses — Corporate Implications and Recommendations.