Guidelines for the general election to the 30th Dáil

B. Main functions of an election agent

2.4  The election agent is the key link for the Standards Commission at the election in relation to expenditure incurred on the candidate's behalf at the election.  He/she should be comfortable with the handling of money and the keeping of accounts. 

2.5  The same person may act as election agent for more than one candidate.  In such circumstances the election agent is separately responsible for each candidate.  Great care must taken to ensure that separate records and accounts are kept for each candidate and that it is possible to apportion expenses between the different candidates where this is necessary. 

2.6  The main function of the election agent is to authorise and control spending connected to the candidate's election campaign.  The agent may also assist the candidate generally in relation to the election.

2.7  The election agent is the only person who may incur expenditure or make payments on behalf of the candidate.  All invoices, receipts or vouchers should be retained by the election agent and not the candidate.

2.8  The election agent may authorise other persons to incur expenditure or make payments within specified financial limits.  The election agent must account for spending by all such authorised persons.  Expenses incurred or payments made by authorised persons must be within the limit specified by the election agent.  There is nothing to prevent an election agent from nominating the candidate or the national agent of the candidate's political party (if applicable) as authorised persons.  Details of every authorised person, including the amount he/she was permitted to spend and actually spent, will have to be included in the election agent's Election Expenses Statement, which is furnished to the Standards Commission after the election (see paragraph 2.42 and 2.43).

2.9  A candidate cannot incur any expenses or make any payments in relation to the election campaign without being authorised to do so by the election agent.  It is an offence for a candidate to incur expenses or make payments, other than in respect of "his or her reasonable living expenses", unless authorised to do so by the election agent  (see paragraph 2.34(ii) for an explanation of what is meant by "reasonable living expenses").  Where expenses have been incurred by or on behalf of a candidate before the appointment of an election agent, the candidate must furnish details of such expenses, together with all relevant invoices/receipts/vouchers, to the election agent.  It is an offence for a candidate to fail to furnish to the election agent relevant details of the expenses incurred before the appointment of an election agent, in sufficient time to enable the agent to carry out his/her duties.

2.10  Promotion of a running mate in a candidate's election material, by, for example, the inclusion in the material of an endorsement which solicits votes for the running mate, constitutes election expenditure incurred by the candidate's election agent on behalf of the running mate.  This is known as cross-canvassing or strip promotion.  A proportion of the cost, which should be calculated on the basis of the extent to which the running mate is featured, must be met from within the running mate's expenditure limit and must be authorised and accounted for by his/her election agent.  Where cross-canvassing or strip promotion is likely to take place, agreements and authorisations should be put in place between the relevant election agents to cover the likely costs.  This also applies in the event of cross-party support for candidates contesting the election.  A proportion of the cost incurred on a candidate by another political party or by a candidate of another political party must be authorised and accounted for by the election agent of the candidate being endorsed.

2.11     It is important to be aware that this procedure must be followed even if the instruction to engage in cross-canvassing or strip promotion was received from a party head office or other organ of a party.  As stated, the cost of producing and distributing the material should be apportioned between the candidates being promoted in a manner that reasonably reflects the extent to which each of them is featured in the material.

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