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

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

Expenditure by "third parties"/"other persons"

2.22 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). 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 and the Standards Commission will take enquire into the matter.

2.23 Notices or advertisements in newspapers, magazines or other periodical publications promoting or opposing the interests of a candidate may only be placed 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 of Authorisation from the Standards Commission stating that they have complied with the requirements outlined in paragraph 4.19 below. The Standards Commission will notify editors/publishers of the provisions of the Act in this regard.

2.24 "Third parties"/"Other Persons" who incur election expenses will have to account for their election expenses in an Election Expenses Statement (see paras 4.24 to 4.30 below)

Expenditure by Local Party Organisation

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

• authorised by the national agent and taken into account in the national agent's Election Expenses Statement; or
• authorised by the election agent and taken into account in the election agent's Election Expenses Statement.

Expenditure by local election or European election candidates

2.26 As the 2009 local elections and European elections are being held on the same day as the Dáil bye-elections, there is the possibility that Dáil bye-election candidates will be mentioned in local election or European election candidates' promotional material and advertising. This will be regarded as promoting the candidacy of the Dáil bye-election candidate and also as expenditure incurred on behalf of that candidate.

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

2.28 Where a Dáil bye-election candidate is featured in local election or European election material or advertising which is used during the election period, the extent to which he/she is featured should be used as a basis for calculating the amount of expenses deemed to have been incurred on behalf of the 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 below). If 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 connected to a candidate

2.29 Election agents should be aware that if a person or a body, who or which is considered by the Standards Commission to be associated with, connected to, or under the influence or control of a candidate, is incurring expenses at the election to either promote the candidate or to oppose another candidate, such expenses will be regarded as part of the first candidate's election expenses and will have to be taken into account by that candidate's 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.

2.30 Given that expenditure by certain individuals/groups may ultimately be deemed to be expenditure incurred on behalf of their candidates, it is important that election agents are aware of the activities of such individual/groups and, if necessary bring such matters to the attention of the Standards Commission.

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