Northern Ireland Assembly and Local Government ElectionsRoisin McDaid

028 9089 4025

rmcdaid@electoralcommission.org.uk

What this session covers

• When spending limits apply• How much you can spend• What counts as election expenses… and

what doesn’t• An overview of donations• Managing election expenses• Post-election deadlines

Candidate expenditure and returns

Candidate expenditure limits

• Different limits apply to candidates at the Assembly and local government elections

• Regulated period for both starts on 25 March 2011 and runs up to and includes polling day.

For 2011The candidate limit at the Assembly election

• Limit based on a maximum sum

• The maximum is £7,150 plus:– 5p per elector (borough constituency)

– 7p per elector (county constituency)

For 2011 The candidate limit at the local government elections

• Limit based on a maximum sum

• The maximum is £600 plus:– 5p per elector in the district electoral area

contested.

Joint candidate limits

• The limits for joint candidates are different

• If you are one of two joint candidates your limit is reduced by 1/4

• If you are one of three or more joint candidates your limit is reduced by 1/3

What is a joint candidate?

• You are considered a joint candidate if you:– Employ the same election agent or– Use the services of the same clerk or

messengers or– Hire or use the same committee rooms at an

election or– Publish joint addresses, circulars or notices at

elections

Candidates must stand in the same constituency or DEA to be joint candidates.

Important ! • You can’t mix and match expenditure limits if you are standing as a candidate in both the local government and Assembly elections.

• e.g. can’t under-spend in Assembly campaign and then overspend in the local government campaign. You must not exceed either limit.

What are candidate election expenses?

(1)

• Advertisinge.g. posters, newspaper adverts, websites.

• Unsolicited material to electorse.g. anything sent to electors which they haven’t

specifically asked for

• Transporte.g. public transport, battle bus, hire cars

• Meetings (events open to the public)e.g. venue hire, backdrops, speaker fees, cost

reimbursed to anyone attending the meeting, refreshments etc.

What are candidate election expenses?

(2)

• Agent’s salary

e.g. all paid staff time, including any fees of the agent- includes the value of seconded staff

• Accommodation

e.g. The use of any office or hotel by campaign workers

• Administrative costs

e.g. telephone, electricity and other utility bills. Stationary and postage costs, photocopying and printing costs, use of databases

Notional Expenditure(candidate)

• Refers to items or services which are given free of charge or at a discount of more than 10% of the commercial rate and are worth more than £50

• Counts towards expenditure limit and will also be a donation. It must come from a permissible UK source.

Candidate’s personal expenses

• At the Assembly election a candidate’s reasonable personal expenses up to £600 do not count towards the election expense limit.

• However this must be reported separately on the election expense return.

• Candidates at the local elections DO NOT have a separate personal expenditure limit.

What are NOT candidate election expenses.

– Press coverage (other than adverts)

– Facilities candidate legally entitled to e.g. free post.

– Volunteers

– Houses

– Personal cars

– Personal computer equipment

– Notional expenditure below £50

Who can incur candidate election expenses?

• Only certain people can incur election expense:– The agent

– The candidate, and

– Anyone authorised in writing by the agent

• Good practice to agree how much they can spend.

Paying candidate election expenses

• Petty expenses may be paid by anyone with written authorisation from election agent

• Notional expenditure paid for by donor

• Otherwise all expenses to be paid by agent

Keep invoices or receipts for items over £20

After the election…….

Payment deadlines(Candidate)

• All invoices must be obtained within 21 days of the announcement of the election result.

• All invoices must be paid within 28 days of the announcement of the election result.

• You need a court order to allow invoices to be submitted or paid after these dates.

After the election………

Candidate expense return

• Agent must prepare the election expense return.

• Include receipts/ invoices over £20• Must be accompanied by declarations from

the candidate and agent that the return is complete and correct.

• Must be submitted to the Returning Officer within 35 days of announcement of election result.

Donations - Candidates

Donations to Candidates during the regulated period

• Includes cash and non cash donations made to candidate/agent.

• May only accept donations over £50 from permissible UK donors to meet election expenses.

• Irish sources are not permissible donors to candidates.

• Donations must be given directly to the candidate/agent.

• All donations must be reported in the candidate’s expense return.

Party expenditure

Party Registration

• Only candidates of parties registered with the Commission can have their party name or description and emblem on the ballot paper

• Only a registered party name or description and emblem can be used

• The deadline for registering a new party is 25 March 2011

Regulated period and expenditure limit for parties

• The regulated period for parties began on 6 January 2011 and runs up and includes polling day

• Expenditure limit is £17,000 for each constituency contested. If party contests 18 constituencies can spend up to £306,000

What are Party election expenses?

(1)

• Party Political Broadcasts• Advertising• Unsolicited material to electors• Manifesto or other policy documents• Market research or canvassing conducted

for the purpose of ascertaining polling intentions

• Transport

What are Partyelection expenses?

(2)

• Provision of services or facilities in connection with press conference or other dealings with the media

• Rallies and other events including public meetings (but

not annual party conferences)

• Overheads and incremental costs Including e.g. telephone, electricity and other utility bills.

Stationery and postage costs, photocopying and printing costs, use of databases

What are NOT party election expenses.

• Candidates’ election expenses• Newsletters or similar issued by party in a

particular areas giving information about local elected officials or candidates.

• Unsolicited material to party members• Expenses met out of public funds• Staff salary and allowances (excluding

agency and seconded staff)• Travel/personal expenses not reimbursed

by the party• Notional expenditure below £200

Incurring Party Expenditure

Only the following can legally incur expenditure

– Registered treasurer or campaigns officer

– Registered deputy treasurer and campaigns officers

– Another person authorised in writing by one of the above before the expenditure is incurred

It is an offence for anyone else to incur expenditure.

Key dates for party expenditure

• All invoices must be received within 30 days of date of election

• All invoices/bills must be paid within 60 days of date of election

• A court order is required to pay outside of this period.

• Return must be submitted to the Commission. Within 3 months of election if expenditure £250,000 or less or within 6 months if expenditure exceeds £250,000 (with an auditors certificate)

Party expenditurereturn

• Party expenditure reporting form is available on the commissions website.

• Submit receipts for all goods and services over £200 (excluding notional expenditure)

Donations - Parties

Donations to party during the regulated period

• May only accept donations over £500 from permissible UK and Irish sources.

• If a donation is received into the party fighting fund and this is passed to the candidate for their campaign this will constitute a further donation from the party to the candidate.

Donation and loan returns

• Party will continue to report donations/loans in quarterly returns.

• There are no weekly reporting requirements at a local government or Assembly elections.

General notes

Splitting Election expenses

• Candidate if :– promotes candidate

• Party if:– promotes party generally

– deals with NI wide issues

• You should make an honest assessment on the facts of the proportion of the costs which can be attributed fairly to your campaign

Record keeping • Systems should be in place to record:

– Who is authorised to incur expenditure

– How much is spent and when

– Notional expenditure (free items or items at more than 10% discount)

– How valuations of free or discounted services/items are made

– Donations received and how the permissibility was checked

www.electoralcommission.org.uk

Candidate spending guidance can be accessed at: http://www.electoralcommission.org.uk/guidance/resources-for-those-we-regulate/candidates-and-agents/northern-ireland

Any questions?