This page provides general guidance on controls on candidates election expenses. For more detailed guidance, please refer to Elections 2007 page for guidance specific for your area.
Legislation
Expenses - Defining 'election expenses'
Election expenses are any expenses incurred in promoting a candidate's election. All expenses incurred in relation to items used to promote a candidate during a specified period must be treated as the candidate's election expenses and count against the candidate's election expenses limit, regardless of when the expenditure was incurred. Examples of candidates' election expenses include items such as:
- printing and distribution of leaflets or other promotional material
- advertising material (e.g. posters and rosettes)
- expenses incurred in relation to various types of communications (e.g. telephone, fax, internet)
- administrative costs (e.g. the maintenance of a campaign office)
- postage
- expenses relating to holding public meetings (including payment of speakers)
- fees paid to election agents, sub-agents, polling agents or to clerks and messengers during the election etc.
- expenses relating to the hire of committee rooms during an election
- miscellaneous items
Election expenses include any notional expenses, that is, the commercial value of any goods or services provided free of charge or at a discount from normal commercial prices. For example, if an individual who supported a candidate's campaign supplied the candidate with promotional leaflets at just 50% of the usual commercial price, the discount provided to the candidate should be treated as notional expenditure.
Payment of election expenses
Under the RPA payments relating to a candidate's election expenses should in most instances be paid for by the candidate's election agent, who must be appointed by the deadline delivery of notice of withdrawals for an election (except in the case of parish/community elections, where election agents are not appointed). Exceptions to this requirement include:
- payments made prior to the appointment of an election agent
- a candidate's personal expenses (up to a maximum limit)
- petty expenses (e.g. stationery or postage) incurred by any person authorised in writing by the election agent (up to a maximum limit)
- other payments authorised by the election agent
Claims for payment of election expenses are legally required to be submitted not later than 21 days after the date of the election, and must be paid not later than 28 days after the election.
Limits on expenses
All candidates contesting an election are subject to limits on expenditure incurred during the period in which they are officially designated as a candidate at the election. In most cases, where a person has already been declared as a candidate sometime in advance of the election, the date on which they are officially designated as a candidate for the purpose of election expenses is the last date for publication of notice of election or the date of dissolution of parliment (dependent on the election being contested). However, in some cases, a person officially becomes a candidate on the date on which they are declared as a candidate or formally nominated as a candidate, if either of these dates is after the last date for notice of election.
The limit placed on a candidate's election expenses depends on the election at which they are standing, and are separate to the expenditure limits placed on political parties.
In addition to this limit a candidates at elections, other than at local government elections (except Authority elections), can incur personal expenses. Personal expenses are any expenses incurred on a candidates travel, accommodation and subsistence (in relation to his election). A candidate may pay for any personal expenses incurred up to a specified limit, and a candidates election agent must pay for any further personal expenses incurred.
Election expenses return
Following an election, a candidate's election agent is required to submit a return of detailing the candidate's election expenses to the appropriate officer (the return must be submitted by the candidate in the case of parish or community elections). Returns must be submitted within 35 days of the day after the election result is declared (except for parish/community elections, which must be submitted within 28 days, returns by individual candidates at European Parlimentary elections which must be submitted within 50 days, returns by candidates for the Mayor of London and the London members of the London Assembly, which must be submitted within 70 days). Returns must be accompanied by declarations by the agent and the candidate verifying the information contained in them.
The return requires details of:
- all expenses paid by the election agent
- expenses incurred before an election agent was appointed
- petty and personal expenses
- expenses incurred by a person authorised by the election agent
- any disputed and/or unpaid claim
- declarations of value in relation to notional expenditure and any items purchased for purposes other than the election but subsequently used for that purpose
- all donations received by or on behalf of the candidate
- all monies contributed by the candidate from their own expenses to meet the costs of the election
Invoices or a receipt must be submitted for all payments of more than £20.
Authorised expenditure incurred other than by the candidate or their election agent
Under the legislation controlling candidates' election expenses, any individual or organisation authorised in writing by a candidate's election agent can incur expenditure on the candidate's behalf. Any expenditure incurred in agreement with the candidate or his election agent must be treated as candidate's election expenses, and should be reported in a return to be submitted to the relevant officer within 21 days of the day the election result is declared. Returns must be accompanied by a declaration as to the expenses incurred. Copies of the relevant returns and declarations are available on the forms and guidance page.
This applies at general elections, devolved elections and local government elections, but not at parish and community elections.
Third party expenditure to promote or disparage a candidate
Any third party (i.e. any individual, group or organisation) who intends to act independently to promote or disparage a candidate at an election is subject to controls and restrictions on the campaigning that they can undertake. This is governed by the legislation controlling candidates' election expenses.
Guidance on these controls has recently been revised in light of new legal guidance, and third parties are advised that no expenditure can be incurred by a third party in respect of:
- holding public meetings or organising any public display
- issuing advertisements, circulars or publications
They can however incur expenditure up to a specified maximum amount on otherwise presenting to the electors the candidate or his views, or the extent or nature of his backing or disparaging of another candidate.
The maximum amount of expenditure that can be incurred by a third party is:
- at a local government election: £50 + 0.5p per elector
- at a general election: £500
- at an election to the Scottish parliament: £500 promoting or disparaging a constituency candidate or an independent regional candidate
- at an election to National Assembly for Wales: £500 promoting or disparaging a constituency candidate and £1000 promoting or disparaging an independent regional candidate
These limits are separate to the limits on national third party spending introduced by PPERA.
