Guidelines for the general election to the 30th Dáil

G. What are election expenses?

2.29  The legislation provides that election expenses are those and only those, set out in the definition of election expenses in Appendix 1, which are incurred in the provision of property, goods or services for use at the election during the election period in order to:

1. promote or oppose the interests of a political party or the election of a candidate, or
2. present the policies of a political party or the comments of a political party on the policies of another political party or of a candidate at the election, or
3. solicit votes for or against a candidate, or
4. present the policies of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policies of a political party or of another candidate at the election, or
5. otherwise influence the outcome of the election.

2.30   Where property, goods or services which are provided free or below cost are used during the election period, they are regarded as election expenses which must be authorised by the election agent or the national agent, and must be accounted for as election spending by the relevant agent at the commercial price.  An example might be where a printer agrees to provide, for no charge, election literature which would normally cost €1,500.00.  This supply of material must be authorised and accounted for at its commercial price less any normal discount which may be available.

2.31   It is not possible to give definitive examples in these guidelines of all types of election expenses.  However, examples of some of the more common items which were accounted for as election expenses at the Dáil general election of 2002 are set out in Appendix 3.  If you have any queries as to whether an expense item needs to be accounted for as an election expense on an Election Expenses Statement form, the staff of the Standards Commission are available to provide advice in this regard.

Election Expenses which are met out of public funds

2.32   Arising from the judgment in Kelly v. Minister for the Environment & Ors [2002] 4 I.R. 191, where property, services or facilities are used for electoral purposes during the election period and the costs are met out of public funds, such costs must be accounted for as election expenses at their full commercial value.  The use of the material must be authorised by the candidate's election agent.  It will be a matter for the relevant agent and the candidate, in consultation with the provider of the property, services or facilities, to determine the value of the usage for electoral purposes and to account for this in the Election Expenses Statement.

2.33     The Standards Commission is aware that some candidates at the election who are already public representatives may be required to communicate with their constituents during the election period, for example, MEPs, Senators and local authority members.  Similarly outgoing members of the Dail may have residual constituency business to conduct.  It is necessary, therefore, where costs are met from public funds to differentiate between the use of property, services (including staff) and / or facilities in carrying out reasonable constituency business and the use of such material for electoral purposes.  If, during the election period, such materials are used for the purpose of any form of unsolicited communication to any of the electorate in the constituency, the materials will be regarded as having been used for electoral purposes and the costs will have to be accounted for as an election expense at their full commercial value.  In that regard, the Standards Commission is of the view that where a new enquiry is raised with a candidate (i.e., an enquiry which had not been raised with the candidate prior to the election) while he/she is canvassing and facilities the cost of which are met out of public funds are used for the purposes of responding to the enquiry, the facilities will be regarded as having been used for electoral purposes.  This also applies to unsolicited material issued by elected representatives, other than the candidate, where the material either promotes or opposes a candidate or otherwise seeks to influence the outcome of the election.

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