Dáil bye-elections 2009

D. Persons incurring unauthorised expenditure to promote or oppose candidates at the election

3.15 The national agent is the only person who can incur expenditure or make payments on behalf of a political party at the bye-elections. National agents should be aware that if a person or body is incurring expenses at the election to promote the party or its candidates, the Standards Commission may regard such expenses as expenditure incurred by the political party, if it considers the person or body to have been:

• established by, or on behalf of, a political party for the purposes of incurring election expenses;
• is a member of, or is a branch or subsidiary organisation of, a political party; or
• is associated with, connected to, or under the influence or control of, a political party.

In such circumstances the expenses incurred must be taken into account by the national agent from within his/her expenditure limit. If a spending limit has not been assigned to the party, the candidate's election agent will have to account for the expenditure as appropriate. If such expenditure brings spending by the party or the election agent over the relevant limit, an offence will have been committed. It is important, therefore, that national agents are aware of the activities of groups or individuals incurring expenditure, given that such expenditure may be deemed to be expenditure incurred on behalf of the party or its candidates. The Standards Commission should be notified immediately of the activities of any such person or body. Expenditure by the following groups or individuals is particularly relevant in this regard.

Local party organisation

3.16 A local party organisation (e.g., constituency or branch) cannot incur expenditure or make a payment in relation to the party's election campaign, e.g. pay bills, without the authority of the national agent. Such expenses must be accounted for by the national agent in his/her Election Expenses Statement.

A local party organisation cannot incur expenditure or make a payment in relation to any of the party's candidates at the election unless authorised to do so by the party's national agent or the particular candidate's election agent. Such expenses must be accounted for in the Election Expenses Statement of the agent who authorised the expenses.

Expenditure by local election or European election candidates

3.17 As the 2009 local elections and European elections are being held on the same day as the bye-elections, there is the possibility that local election or European election promotional material and advertising may refer to the party's Dáil bye-election campaign or its Dáil bye-election candidates. This will be regarded as promoting the interests of the party or the candidates concerned and will be regarded as expenditure incurred on behalf of the party or its candidates at the Dáil bye-election.

A local branch of a political party, a local or European election candidate or a director of elections, etc., who intends to include a reference to the party's Dáil bye-election campaign in local or European election promotional material, advertising, etc., must be authorised to do so by the party's national agent. A reference to a bye-election candidate in local or European election promotional material, advertising, etc., must be authorised by either the candidate's election agent or by the party's national agent. A person who incurs such expenditure on behalf of a political party or bye-election candidate without being properly authorised to do so, may be guilty of an offence.

Where a political party's Dáil bye-election campaign or its Dáil bye-election candidate(s) is featured in local or European election material or advertising which is used during the election period, the extent of the Dáil bye-election feature should be used as a basis for calculating the amount of expenses deemed to have been incurred on behalf of the party or Dáil bye-election candidate. If the amount deemed to have been incurred is less than €126.97 and has been borne by the local election or European election candidate it will be regarded as a minor expense and should be accounted for as such (see para 2.38 above).

If the feature refers to the party's Dáil bye-election candidate(s) and the expenditure exceeds €126.97 it will have to be accounted for in the Election Expenses Statement furnished to the Standards Commission by the election agent or national agent who authorised the election expense.

Expenditure by persons/bodies deemed to be associated with, connected to, or under the influence or control of, a political party

3.18 Bodies, such as trade unions or interest groups, which are affiliated to a political party will be regarded as connected to or associated with that political party. By extension, these bodies will be regarded as being connected to or associated with a candidate of a political party for the purposes of election expenses incurred on behalf of that candidate at the election. If such expenditure is authorised by the candidate's election agent it must be taken into account by that agent. Otherwise it should be taken into account by the national agent.

Expenditure incurred by unconnected "third parties"/"other persons"

3.19 As stated in paragraph 2.22 above, expenditure by "third parties" and "other persons", i.e. those not connected to a candidate or a political party, is permitted under the Act (see Chapter 4). National agents should notify the Standards Commission if they become aware of third parties or other persons incurring election expenditure either promoting or opposing a political party or a candidate.

3.20 Newspaper notices or advertisements promoting or opposing the interests of a party or candidate may only be placed if requested by a candidate, an election agent, a national agent or a person authorised by a candidate or either agent. "Third parties" or "other persons" may arrange newspaper advertising if they produce to the publisher a Certificate of Authorisation from the Standards Commission certifying that they have complied with the legal requirements outlined in paragraph 4.19 below. The Standards Commission will notify editors/publishers of the provisions of the legislation in this regard. [The provisions in question also apply to magazines and other periodical publications.]

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