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Electoral Commission lobbying act devolved nations 2016

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Simon Francis
Simon Francis

際際滷s from a Bond organised briefing from the Electoral Commission on campaigning during the devolved elections 2016

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Non party campaigning at the May 2016 elections January 2016
Who we are - We regulate party and election finance and set standards for well-run elections - We work to support a healthy democracy, where elections are based on our principles of trust, participation and no undue influence - We publish guidance and offer advice to campaigners, electoral administrators and members of the public
publish data on political funding & spending register campaigners monitor how well the rules are being followed & deal with possible breaches of the rules help campaigners to understand and comply with the rules by providing advice and guidance Our role
Supporting campaigners: Read our guidance Advice service Webcasts Our approach
Format of Today Campaigning at the May 2016 elections: An overview of the rules Applying the gateway test Campaign scenarios Information on registration Questions and answers
When do the rules apply? Regulated period for elections to the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly: 5 January 2016 5 May 2016
Spending limits Unregistered campaigners: 贈10,000 Registered campaigners: Scotland: 贈75,800 Wales: 贈30,000 Northern Ireland: 贈15,300 7
Attribution Rules Apply to: registered campaigners only spending money on regulated campaign activity in more than one part of the UK The rules explain how you must apportion your total spending between the different parts of the UK 8
Attribution Rules If you spend money on regulated campaign activity across more than one part of the UK, you will have to attribute your spending based on the total number of parliamentary constituencies in the parts of the UK where you campaign. (unless the spending is clearly defined within particular parts of the UK) You must stay within the spending limits for each part of the UK 9
Regulated campaign activity Election material Public events and rallies Press conferences or other media events Canvassing or market research seeking views or information from the public Transport to obtain publicity
Gateway test public nature of activity, and the activity can reasonably be regarded as intended to influence voters to vote for or against: political party/ies or candidates that support or do not support particular policies or issues or categories of candidate
Gateway test Public test Public are the audience Purpose test - takes into account factors such as: - tone - context and timing - call to action - how a reasonable person would see the activity
Gateway test Tone Is tone positive or negative towards particular party/ies / category of candidates /policies? Context and timing Is issue prominent in public debate? Does it represent an area of difference between parties? How close to the election are you campaigning?
Gateway test Call to action Is your campaign (explicitly or implicitly) asking people to vote for a particular party/ies or categories of candidate at an upcoming election? How a reasonable person would see your activity? Would they regard your campaign as intended to influence peoples voting choices?
Public Members and committed supporters are not members of the public People that your organisation regularly communicates with are members of the public unless they are also your members or committed supporters 15
Committed Supporters People who support your organisation in the same way as members. Exact nature will vary between organisations but they could include: regular donors by direct debit people with an annual subscription people who are actively involved in your organisation Make an honest and reasonable assessment. 16
Imprints on election material An imprint is added to election material to show who is responsible for its production It helps ensure there is transparency about who is campaigning at an election An imprint MUST be included on all printed election material and should be included on electronic material 17
Jointcampaigns Campaigningonpolicies/issues Devolvedissues
Joint campaigns spending on regulated campaign activity is incurred by, or on behalf of, a non-party campaigner, and the spending is incurred as part of a common plan with another non-party campaigner or campaigners (known as working together), and that spending can reasonably be regarded as intended to achieve a common purpose
Guiding Principle To decide if you and another non-party campaigner are working together on a joint campaign, you should make an honest and reasonable assessment, based on facts, whether you and another non-party campaigner are spending money as part of a common plan or arrangement.
Working together In our view, you are not working together if: you have informal discussions with other campaigners that do not involve decision- making or coordinating your plans you speak at an event organised by another campaigner, but do not participate in any other way you do not consult with other campaigners about what you should say in your campaign or how you should organise it
Working together In our view, you are likely to be working together if: you have joint advertising campaigns, leaflets or events you coordinate your regulated campaign activity with another campaigner another campaigner can approve or has significant influence over your leaflets, websites, or other campaign activity.
Campaigning on policies or issues adopted by a political party Will not automatically become regulated, even if closely aligned to a political partys position More likely to be regulated if you publicise the partys support or alter/increase your campaigning as a result 23
Devolved and Reserved matters What if Im campaigning on an issue that isnt devolved? Can still be regulated Will be a matter of facts in each case Apply the gateway test 24
Registering with the Electoral Commission You must register if you want to spend more than 贈10,000 in any of Scotland, Northern Ireland or Wales during the regulated period on regulated campaign activity. How to register guidance
Registering with the Electoral Commission You do not need to register with us if you: are not spending money on regulated campaign activity, or; spend less than 贈10,000 in any of Scotland, Northern Ireland, or Wales during the regulated period, or; are campaigning outside a regulated period 26
Registered non-party campaigners Higher spending limit Rules on donations and spending Post poll reporting Put systems in place now to plan and authorise spending 27
How to use our guidance You can find our guidance here for non-party campaigners here: http://www.electoralcommission.org.uk/i-am- a/party-or-campaigner/non-party- campaigners/2016-elections 28 Additional resources Additional guidance Factsheets Flowcharts Webcasts
Advice were here to help Phone us: 0333 103 1928 Email us: pef@electoralcommission.org.uk
Questions?

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Electoral Commission lobbying act devolved nations 2016

  • 1. Non party campaigning at the May 2016 elections January 2016
  • 2. Who we are - We regulate party and election finance and set standards for well-run elections - We work to support a healthy democracy, where elections are based on our principles of trust, participation and no undue influence - We publish guidance and offer advice to campaigners, electoral administrators and members of the public
  • 3. publish data on political funding & spending register campaigners monitor how well the rules are being followed & deal with possible breaches of the rules help campaigners to understand and comply with the rules by providing advice and guidance Our role
  • 4. Supporting campaigners: Read our guidance Advice service Webcasts Our approach
  • 5. Format of Today Campaigning at the May 2016 elections: An overview of the rules Applying the gateway test Campaign scenarios Information on registration Questions and answers
  • 6. When do the rules apply? Regulated period for elections to the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly: 5 January 2016 5 May 2016
  • 7. Spending limits Unregistered campaigners: 贈10,000 Registered campaigners: Scotland: 贈75,800 Wales: 贈30,000 Northern Ireland: 贈15,300 7
  • 8. Attribution Rules Apply to: registered campaigners only spending money on regulated campaign activity in more than one part of the UK The rules explain how you must apportion your total spending between the different parts of the UK 8
  • 9. Attribution Rules If you spend money on regulated campaign activity across more than one part of the UK, you will have to attribute your spending based on the total number of parliamentary constituencies in the parts of the UK where you campaign. (unless the spending is clearly defined within particular parts of the UK) You must stay within the spending limits for each part of the UK 9
  • 10. Regulated campaign activity Election material Public events and rallies Press conferences or other media events Canvassing or market research seeking views or information from the public Transport to obtain publicity
  • 11. Gateway test public nature of activity, and the activity can reasonably be regarded as intended to influence voters to vote for or against: political party/ies or candidates that support or do not support particular policies or issues or categories of candidate
  • 12. Gateway test Public test Public are the audience Purpose test - takes into account factors such as: - tone - context and timing - call to action - how a reasonable person would see the activity
  • 13. Gateway test Tone Is tone positive or negative towards particular party/ies / category of candidates /policies? Context and timing Is issue prominent in public debate? Does it represent an area of difference between parties? How close to the election are you campaigning?
  • 14. Gateway test Call to action Is your campaign (explicitly or implicitly) asking people to vote for a particular party/ies or categories of candidate at an upcoming election? How a reasonable person would see your activity? Would they regard your campaign as intended to influence peoples voting choices?
  • 15. Public Members and committed supporters are not members of the public People that your organisation regularly communicates with are members of the public unless they are also your members or committed supporters 15
  • 16. Committed Supporters People who support your organisation in the same way as members. Exact nature will vary between organisations but they could include: regular donors by direct debit people with an annual subscription people who are actively involved in your organisation Make an honest and reasonable assessment. 16
  • 17. Imprints on election material An imprint is added to election material to show who is responsible for its production It helps ensure there is transparency about who is campaigning at an election An imprint MUST be included on all printed election material and should be included on electronic material 17
  • 19. Joint campaigns spending on regulated campaign activity is incurred by, or on behalf of, a non-party campaigner, and the spending is incurred as part of a common plan with another non-party campaigner or campaigners (known as working together), and that spending can reasonably be regarded as intended to achieve a common purpose
  • 20. Guiding Principle To decide if you and another non-party campaigner are working together on a joint campaign, you should make an honest and reasonable assessment, based on facts, whether you and another non-party campaigner are spending money as part of a common plan or arrangement.
  • 21. Working together In our view, you are not working together if: you have informal discussions with other campaigners that do not involve decision- making or coordinating your plans you speak at an event organised by another campaigner, but do not participate in any other way you do not consult with other campaigners about what you should say in your campaign or how you should organise it
  • 22. Working together In our view, you are likely to be working together if: you have joint advertising campaigns, leaflets or events you coordinate your regulated campaign activity with another campaigner another campaigner can approve or has significant influence over your leaflets, websites, or other campaign activity.
  • 23. Campaigning on policies or issues adopted by a political party Will not automatically become regulated, even if closely aligned to a political partys position More likely to be regulated if you publicise the partys support or alter/increase your campaigning as a result 23
  • 24. Devolved and Reserved matters What if Im campaigning on an issue that isnt devolved? Can still be regulated Will be a matter of facts in each case Apply the gateway test 24
  • 25. Registering with the Electoral Commission You must register if you want to spend more than 贈10,000 in any of Scotland, Northern Ireland or Wales during the regulated period on regulated campaign activity. How to register guidance
  • 26. Registering with the Electoral Commission You do not need to register with us if you: are not spending money on regulated campaign activity, or; spend less than 贈10,000 in any of Scotland, Northern Ireland, or Wales during the regulated period, or; are campaigning outside a regulated period 26
  • 27. Registered non-party campaigners Higher spending limit Rules on donations and spending Post poll reporting Put systems in place now to plan and authorise spending 27
  • 28. How to use our guidance You can find our guidance here for non-party campaigners here: http://www.electoralcommission.org.uk/i-am- a/party-or-campaigner/non-party- campaigners/2016-elections 28 Additional resources Additional guidance Factsheets Flowcharts Webcasts
  • 29. Advice were here to help Phone us: 0333 103 1928 Email us: pef@electoralcommission.org.uk