Guidelines for the Dáil bye-elections in Dublin South and Dublin Central in 2009

F. Persons who may be incurring unauthorised expenditure to promote, oppose candidates at the election

1.35 It is an offence for a candidate, or anybody else, including, for example, a local branch of a political party, to incur expenses or make payments in connection with a candidate's campaign if this is not authorised by the candidate's election agent or the national agent of the candidate's political party. This includes accepting a donation of election material or a service, e.g. leaflets or advertising, either free or below commercial price.

1.36 Notices or advertisements in newspapers, magazines or other periodical publications which promote or oppose the interests of a political party or a candidate may be placed only if requested by a candidate, a candidate's election agent, a national agent of a political party or a person authorised in writing by the candidate or either agent.

1.37 "Third parties" or "other persons" (see Chapter 4) may place notices or advertisements in newspapers, magazines or periodical publications if they produce to the publisher a Certificate of Authorisation from the Standards Commission confirming that they have complied with their legal obligations as outlined in paragraph 4.19 below. This Certificate is issued by the Standards Commission when all the relevant information is received from the third party/other person. The Standards Commission will notify publishers of the requirements of the Act in this regard.

1.38 Each candidate is advised to be aware of any such expenditure being incurred on his/her behalf by directors of elections or other persons. If a candidate becomes aware that a person, other than his/her election agent or the national agent of the political party, is incurring expenses on his/her behalf at the election, the candidate should ensure that this has been authorised by either such agent. If it has not been authorised, the person incurring the expenses would be committing an offence unless a certificate to incur the expenses has been issued to the person by the Standards Commission [See Chapter 4]. If necessary, the candidate should bring the matter to the attention of the Standards Commission and appropriate action will be taken.

1.39 As the Dáil bye-elections are being held on the same day as the 2009 local elections and European elections, bye-election candidates will need to be particularly aware of local or European election candidates who may be including a reference to the bye-election candidate in their promotional material and advertising. Where such references are included, it is regarded as promoting the candidacy of the bye-election candidate and as expenditure incurred on behalf of the bye-election candidate. Where the full cost of the promotional material or advertising is borne by the local election candidate or the European election candidate the cost of the % of the bye-election candidate's feature in such material/advertising is regarded as a donation to the bye-election candidate from the local election or European election candidate.

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

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