New guidance on campaigning in the lead up to elections and referendums

The Electoral Commission has published new guidance for charities about campaigning in the lead up to elections and referendums. Following the general election in 2017 – which, because it was a snap election, caused additional complexity – non-party campaigners called for greater clarity on how the regulated period and other rules worked, so that they could campaign with confidence throughout the year. The Commission has worked closely with charities to produce a new guidance resource.

Tom Murdoch comments “Stone King has always been concerned that the rules for “non-party campaigners” inhibit legitimate charity campaigning activity. However, the clarification the latest guidance offers on the “intention” test is helpful. It should reassure charities that campaigns that have the following purposes will not amount to regulated expenditure: “raising awareness of an issue; influencing political parties to adopt a policy in their manifestos; campaigning for or against government legislation; providing information to voters; encouraging people to register to vote; encouraging people to vote, but not for anyone in particular.” The Electoral Commission confirms that a campaign that can be reasonably regarded as having one of these intentions will not meet the purpose test and will not be regulated as a result.”