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

B. Assignments by candidates to a political party

3.5 Where a candidate is contesting the election on behalf of a political party, he/she may assign a portion of his/her statutory spending limit (see paragraph 3.13 below) to the party for spending at the election by its national agent.

3.6 There is no obligation on a candidate under the Act to assign any portion of his or her spending limit to the party. If the candidate does not assign any of his/her spending limit to the party, then the national agent cannot incur any election expenses on behalf of the candidate. The candidate's election agent can, however, authorise the national agent to incur expenses on the candidate's behalf. The election agent must account for such expenses on his/her Election Expenses Statement.

3.7 The Act is not specific as to when the agreed assignments should be made to the party. Similarly, the Act does not preclude a re-negotiation of agreed assignments. The Standards Commission recommends that national agents ensure that assignments are agreed with each candidate before any expenses are incurred by either the national agent or the candidate's election agent.

3.8 The Act requires that the assignment to the party must be agreed in writing. The written agreement, therefore, should clearly state the amount assigned to the party. It should be signed by both the candidate and an appropriate party official. Where assignments are subsequently re-negotiated, a new written agreement must be drawn up.

3.9 The candidate will be required to give his/her election agent a copy of the written agreement for furnishing to the Standards Commission with the election agent's Election Expenses Statement. National agents will not be required to furnish copies of the written agreements with their Election Expenses Statements. National agents should, however, retain copies of the written agreements.

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