Guidelines for the general election to the 30th Dáil

F. Persons who may be incurring election expenses on behalf of a candidate without being authorised to do so

2.25  Expenditure by "third parties" and "other persons", i.e. those not connected to a candidate or a political party, is permitted under the legislation (see Chapter 4).  If an election agent becomes aware that any person or group is incurring expenses promoting or opposing his/her candidate, or any other candidate, the agent should enquire of the Standards Commission if that person or group has been given a certificate of authorisation by the Standards Commission to incur election expenses in this way.  If a certificate has not been issued, the person or group may be committing an offence (see paragraph 4.36) and the Standards Commission may take appropriate action.

2.26  Notices or advertisements in newspapers, magazines or other publications promoting or opposing the interests of a candidate may be placed only if requested by the candidate, the candidate's election agent, the national agent of the candidate's political party or a person authorised in writing by the candidate or either agent.  "Third parties" and "other persons" may arrange newspaper advertising if they produce to the publisher a certificate from the Standards Commission stating that they have complied with the requirements outlined in paragraph 4.18.  The Standards Commission will notify editors/publishers of the provisions of the legislation in this regard.

Expenditure by Local Party Organisation

2.27  No separate or additional spending by a political party over and above the statutory spending limit is allowed.  Any expenditure incurred on the candidate by the local party organisation should either be:

• authorised by the national agent and accounted for on the national agent's Election Expenses Statement; or
• authorised by the election agent and accounted for on the election agent's Election Expenses Statement.

Expenditure by persons/bodies deemed to be connected to a candidate

2.28  The election agent should be aware that if a person or a body, which is considered by the Standards Commission to be associated with, connected to, or under the influence or control of a candidate, incurs expenses at the election to either promote the candidate or to oppose another candidate at the election, such expenses will be regarded as part of the candidate's election expenses and will have to be accounted for by his/her election agent from within the candidate's spending limit (i.e. that part of the limit which has been retained by the candidate).  If this expenditure brings spending by the candidate's election agent over the relevant limit, an offence will have been committed.  It is important, therefore, that election agents are aware of the activities of groups or individuals where expenditure is being incurred, given that such expenditure may ultimately be deemed to be expenditure incurred on behalf of a candidate.  The Standards Commission should be notified immediately of the activities of any such person or body.

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