December 2003 - Review of Electoral Acts

Part V EXPENDITURE BY POLITICAL PARTIES AND CANDIDATES AT DÁIL ELECTIONS AND EUROPEAN PARLIAMENT ELECTIONS

Appointment of election agents:
Section 28.

Provide that, in addition to submitting nomination papers to the returning officer, candidates must notify the Standards Commission of their candidacy and details of the person appointed as their election agent.

Provide that a candidate may notify the Standards Commission directly of a change of election agent (rather than, as at present, having to do so through the returning officer for the constituency).

Section 30.
It is not clear what the purpose of this provision is.

Section 31.
Definition of election expenses:
The finite definition of election expenses provided in section 31 by reference to the Schedule to the Act leaves no discretion for items other than those contained in the Schedule to be regarded as election expenditure.

Definition of what are not election expenses:
The definition of "minor expenses" should be limited to €126.97 per candidate per election.

Section 31(6) and 31(7) - connected bodies.
Section 31(6) provides that if a body or person incurring expenditure is deemed (presumably by the Standards Commission) to be connected to a candidate or political party, the relevant agent shall account for the expenditure incurred by the person / body. This would include persons / bodies notified to the Standards Commission in accordance with section 31(7) of the Act who may have been refused authority to incur expenditure by an election / national agent. It seems anomalous that the Standards Commission could then deem that person / body connected to a candidate / party and require the relevant agent to account for the expenditure.

Section 31(8) and (8A) - Sanctions on candidates (and others) who fail to assist an election agent or the national agent of a political party.
Provide that a candidate (or other person) shall be guilty of an offence if, at any time before, during or after the election he / she fails to provide the necessary information to an election agent or national agent for the purposes of facilitating the completion of the agent's Election Expenses Statement.

Section 43(e)
Provide a penalty for persons who are found guilty of the offence referred to in section 31(8A).

Provide a general offence for failing to comply with the provisions of this part of the legislation.

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