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Public service web sites

Planning

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Face to face meetings

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Textbooks

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  • Philip Coppel QC, Cornerstone’s Electoral Legislation 2016 (Bloomsbury Professional, 1st edition 2016) ISBN 1784512613
  • Tom Tabori, A Practical Guide to Election Law (Law Brief Publishing, September 2020) ISBN 978-1-912687-72-5 £49.99 (free sample)
  • Bob Watt, UK Election Law: A Critical Examination (Taylor & Francis, 2006) (2016 edition)

Older EC guidance

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  • Guidance for candidates and agents tameside.gov.uk “This guidance replaces Circular RPA 359 issued by the Home Office in 1991 and guidance issued by the Electoral Commission in 2006.”

EC current guidance and forms

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Relevant legislation

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RPA 1983

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Cases

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R v Mackinlay and others [2018] UKSC 42
Sharma v Director of Public Prosecutions [2005] EWHC 902 (Admin)
other
General election 2010: Fermanagh and South Tyrone
Party Candidate Votes % ±%
Sinn Féin Michelle Gildernew 21,304 45.5 +7.3
Ind. Unionist Rodney Connor 21,300 45.5 −1.5
SDLP Fearghal McKinney 3,574 7.6 −7.2
Alliance Vasundhara Kamble 437 0.9 N/A
Independent John Stevenson 188 0.4 N/A
Majority 4 0.0 N/A
Turnout 46,803 68.9 −3.7
Registered electors 67,908
Sinn Féin hold Swing −19.1

Rodney Connor had the support of the Democratic Unionist Party and Ulster Conservatives and Unionists - New Force

House of Commons Public Administration and Constitutional Affairs Committee (PACAC)

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Section 81 of RPA 1983

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  • Within 35 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall [F1 deliver] to the appropriate officer a true return [F2 containing as respects that candidate—.

(a) a statement of all election expenses incurred by or on behalf of the candidate; and

(b) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.]

[F3(1A)Subsection (1) above—

(a)in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and

(b)in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.”]

[F4(2) A return under this section must

(a) specify the poll by virtue of which the return is required ;

(b) specify the name of the candidate to whom the return relates and of the candidate’s election agent; and

(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) [F5 or 75A(6)] above.]

(3)[F6 The return shall also contain as respects that candidate

[F7(a) a statement of all payments made

(i) by the candidate in accordance with section 74(1) or (1B) above, or

(ii) by any other person in accordance with section 74(3) above, together with all bills or receipts relating to any such payments made in accordance with section 74(1B) or 74(3);] (b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;

[F8(d) any declarations of value falling to be made by the candidate’s election agent by virtue of section 74A(2) above or 90C(2) below;

(da) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below;

(e) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to this Act; and

(f) a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf. ]

[F9(3A) The return shall also contain as respects that candidate

(a) a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;

(b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;

(c) a statement relating to such other matters as is prescribed.]

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where after the date at which the return as to election expenses is [F11 delivered], leave is given by the court under section 78(4) above for any claim to be paid, the candidate or his election agent shall, within seven days after its payment, [F1deliver] to the appropriate officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section 86 below.

[F12(6) Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.

(7)The return which the election agent is required to deliver under subsection (1) above—

(a)shall be in respect of all those candidates; F13. . .

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

(8)If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.

(9)The statements which the return is required to contain by virtue of [F14subsection (3A)] above in respect of the matters there mentioned shall be a separate statement [F15of each such matter] as respects each of the candidates in question.

(10)If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.

[F16(10A) The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.]

[F17(10B)In the application of subsection (10A) in relation to a local government election in Scotland, the reference to the Electoral Commission is to be read as if it were a reference to the Scottish Ministers.]

Research papers

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Returns

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EC Guidance for candidates and agents Part 3 of 6 – Spending and donations (-> 29 & 66)

    • p. 29 Personal expenses

Personal expenses include the reasonable travel and living expenses (such as hotel costs) of the candidate. Personal expenses do not count towards the spending limit but you must report them on your spending return. Personal expenses may include car hire for the candidate if the candidate does not already own a car, or if their car is not suitable for campaigning. For example, if you are standing in a rural constituency, it may be reasonable to hire a four-wheel drive vehicle to access remote areas. Candidates must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.

    • p. 66: Completing your return

The spending and donations report is known as a ‘return’. The agent must complete the return, which must include the following for each item of spending: • what the spending was for – for example, leaflets or advertising • the name and address of the supplier • the amount or value • details of when it was incurred and paid • details of any unpaid or disputed amounts • details of any notional spending, and a declaration of its value • invoices or receipts for any payment of £20 or over • details of any personal expenses

Car radios

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systmonline

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