11/11/04 - Report to Ceann Comhairle re European elections of 11 June 2004

Chapter 4 What are election expenses

4.1 Definition of what constitutes election expenses

The Electoral Acts provide that election expenses are those and only those set out in paragraph 1 of the Schedule to the Electoral Acts, which are incurred on the provision of property, goods or services for use at the election during the election period in order:

(i) to promote or oppose the interests of a political party or the election of a candidate, or

(ii) to present the policies of a political party or the comments of a political party on the policies of another political party or a candidate at the election, or

(iii) to solicit votes for or against a candidate at an election, or

(iv) to 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 another candidate at the election, or

(v) otherwise to influence the outcome of the election.

The provision of property, goods or services free or below cost which are used at the election during the election period is regarded as an election expense which must be accounted for at full commercial price, subject to an allowance for any normal or general discount. A definition of the election period is provided in paragraph 2.6 above.

The expenses set out in paragraph 1 of the Schedule to the Electoral Acts are as follows:

(a) Advertising (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with preparing, producing, distributing or otherwise disseminating such advertising.

(b) Publicity.

Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.

(c) Election posters.

Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters.

(d) Other election material.

Expenses in respect of such material include the design, production, printing and dissemination of such material (other than posters), including canvas cards, election leaflets, election manifestos, newsletters and other promotional election material.

(e) Office and stationery.

Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.

(f) Transport and travel.

Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs, taxi and hackney services and courier services.

(g) Market research.

Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election (which in the case of the 2004 European election was 12 April 2004) by or on behalf of a political party, a political group or a candidate at the election.

(h) Campaign workers.

Expenses in respect of that matter include payments to campaign workers, insurance and other costs.

4.2 Matters which are not regarded as election expenses

Paragraph 2 of the Schedule to the Electoral Acts provides that the following shall not be regarded as election expenses:

(a) any of the matters referred to in subparagraphs (i) to (v) of section 22(2)(b) of the Electoral Acts as follows:

(i) free post service provided to candidates (i.e. Litir um Thoghcán);

(ii) any payment, service or facility provided to a person out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party, pursuant to specified legislation, by virtue of the person being:

a representative in the European Parliament;
a member of the Dáil or Seanad;
the holder of a qualifying office or position;
the holder of an elective or other public office; or
a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party;

(iii) a free service provided by an individual, including use of the individual's motor vehicle, where the service is not part of the individual's work or business, or

a service provided at an election by an employee of a political party, including use of the individual's motor vehicle, where the employee's remuneration is paid out of party resources or out of public funds and where the employee is not in receipt of any reward or benefit in kind other than his or her normal remuneration (including recoupment of expenses) for that service;

(iv) normal media coverage on radio or television or in newspapers, magazines, etc.;

(v) the transmission on radio or television of a broadcast on behalf of a candidate or a political party;

(b) election expenses incurred at a previous Dáil, European Parliament or local election which were disclosed in an Election Expenses Statement furnished to the Standards Commission (or its predecessor the Public Offices Commission) or to a local authority;

(c) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(d) necessary travelling expenses incurred by a candidate or an assentor in meeting the requirements of section 46(4A) and (4B) of the Electoral Act of 1992 and section 12(1A) and (1B) of the Electoral Act of 1997;

(e) the cost of purchasing copies of the register of electors;

(f) the reasonable living expenses (including accommodation) of a candidate and volunteers working on his or her behalf (the Standards Commission determined that an amount of €50 per person per day (not including accommodation) would be regarded as reasonable living expenses);

(g) any sum disbursed by any individual out of the individual's own resources for any minor expenses (not exceeding €126.97 in any one payment) lawfully incurred in relation to the election if the said sum is not repaid to the person.

4.3 Implications of the Kelly case in relation to election expenses where the costs were met out of public funds

The judgment in the High Court in the Kelly case which was subsequently upheld by the Supreme Court declared paragraph 2(c) of the Schedule to the Electoral Acts invalid and declared paragraph 2(a) of the Schedule invalid insofar as it applies to section 22(2)(b)(ii) of the Electoral Acts.

This meant that the matters at paragraphs 4.2(a)(ii) and 4.2(c) above (highlighted in bold), which are stated in the legislation not to be election expenses, are now regarded as election expenses. Where goods, property or services were used for electoral purposes at the European election during the election period and the costs were met from public funds, such costs were subject to the expenditure limit applying at the election and had to be accounted for as election expenses by the election agents and national agents concerned.

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