2020 Local government elections Agent legal briefing - The ...

2020 Local government elections
Agent legal briefing
This training session will start at 4pm.
You will be unable to hear any audio until it starts.

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Andrew Whyte l Paul Upex

Context
• Campaigning is regulated by legislation – Representation of
  the People Act 1983. The Act covers:
   •   Electoral registration and election timetable
   •   Nominations process for candidates
   •   Spending and donation rules
   •   Election offences and the process for election petitions to
       challenge results
• Close scrutiny by authorities, media and our political
  opponents, so important that campaigners understand
  and comply with legal requirements

Roles and responsibilities
•   The election agent is legally responsible for the election campaign:
    • Submits nomination papers on time
    •   Knows electoral timetable and ensures deadlines are met
    •   Authorises election expenses
    •   Ensures spending stays within legal limits
    •   Completes and submits the expenses return after the election
•   CLP treasurers work with election agents – keeping records of spend
    and issue notional spending statement for spending return
•   All campaigners have a duty to be aware of and abide by the legal
    provisions

Legal Timetable
Event                                             Time

Last date for publication of notice of election   Tuesday 31 March 2020
Start of short campaign for election expenses     Wednesday 1 April 2020
Last day to deliver nomination papers             Wednesday 8 April 2020 (4pm)
Deadline to apply to register to vote             Tuesday 21 April 2020
Deadline to apply for postal ballots              Wednesday 22 April 2020 (5pm)
POLLING DAY                                       Thursday 7 May 2020
Deadline to submit expenses return                Thursday 11 June 2020

Legal timetable and campaigning
The agent needs to brief the rest of the team on
• Date Postal Votes likely to go out (GOTPV)
• Deadline for registration
• Deadline for Postal Vote applications
• Deadline for Proxy Vote applications
• Appointing Polling and Counting Agents

The candidate and nomination
           process

Qualifications
• British, an eligible commonwealth citizen or a citizen of an
  EU member state and 18 years old at the time of
  nomination;
• AND at least one of the following:
   – On the electoral register in the local authority area;
   – Have occupied as owner or tenant land or premises in the local
     authority area for whole 12 months prior to nomination;
   – Have resided in the local authority area for whole 12 months
     prior to nomination;
   – Have had their principal or only place of work in the local
     authority area for whole 12 months prior to nomination;

Disqualifications
• Candidates must not work for the local authority where they
  wish to stand for election – this can include arms length
  organisations where their job is funded or jointly funded by the
  local authority;
• Must not currently be subject to bankruptcy restrictions or debt
  relief orders
• Must not hold a politically restricted role in any GB local authority
• Sentenced to a term of imprisonment of three months or more
  within the last five years (included suspended sentences)

Nomination papers
–   Nomination paper
–   Home address form
–   Consent to nomination
–   Certificate & Emblem request
–   Appointment of Agent

The Nomination Paper
•   Other names (forenames) must be in full
•   Commonly used names – optional, must be
    different from official names (eg a maiden name or
    shortened first name), can’t just drop a middle
    name.
•   Description – always either Labour Party or
    Labour and Co-operative Party
•   Ten subscribers –registered local government
    electors in relevant ward/division– who sign with
    their normal signature.
•   Get a hard copy register to check names as shown
    on register, PD code and Poll Number - Check these
    with subscriber before they sign

Home Address Form
• All candidates must complete part 1
• Candidates may complete part 2 if they
  wish to withhold their full home
  address from publication on the ballot
  paper and statement of persons
  nominated
• This is a personal choice – the party
  leaves this to candidates’ judgement

Consent to Nomination
• Legally binding declaration by the
  candidate that they are qualified and not
  disqualified
• Can be witnessed by anyone – no need to
  be a party member, on register, or UK
  citizen.

Notification of election agent
• Includes Agent’s name and home
  address
• Office Address – should be in the local
  authority area
• An “office” need not be an office in the
  normal sense – could be a shopfront or a
  private house (perhaps the agent’s)
• Useful to complete “Agent’s other details”
  so RO can get hold of you.

Certificate & Emblem Request
•   National/regional office will provide a certificate
    together with the national party’s authorisation
    for the signatory. Both documents must be
    presented.
•   Candidates should use full name, as on the
    nomination form, even if an optional commonly
    used name is used.
•   All candidates use the descriptions “Labour
    Party
•   Only exception are Labour & Co-op Party
    candidates who can use “Labour and Co-
    operative Party” descriptions but need a
    certificate from both parties.
•   Candidate has to sign the emblem request

Tips for nomination process
• Agents should get in touch with the returning officer at an early
  stage to discuss how they plan to run the election and ensure
  good lines of communication.
• Most returning officers will offer an informal check of
  nomination papers before submission – will help to identify any
  issues when they can be fixed
• Make an appointment to deliver papers well in advance of the
  deadline
• Line up potential subscribers to nomination paper early, and
  ensure they are on the electoral register. It’s useful to complete
  at least two papers with different signatories in case of any
  problems

Spending and donations

What are candidate (“local”) election
                expenses?
•   Spending to promote the candidate (or that which criticises opposing
    candidates) on anything used during the short campaign
•   Various categories in the legislation including advertising, leaflets and
    public events
•   Volunteer time, use of people’s homes for committee rooms, or the
    candidate’s personal expenses are not election expenses
•   Staff time is declarable – if party staff spend a lot of time on your
    campaign your national/regional office will provide a donation
    statement for the value. This will be a percentage of their salary (they
    will be doing other work) but you should leave space for this in your
    expenses

How much can you spend on local
            campaigning?
• Spending is capped between 1 April 2020 and 10pm on polling
  day – known as the short campaign. The spending limit is:

    £740 + 6p per registered local government elector in the
                    ward/division contested

• In a ward with 5500 registered electors, the spending limit would
  be £740 + (5,500 x 0.06) = £1070

• Make sure you get written confirmation of the electorate and
  spending limit from the returning officer.

Spending limit in multi-member wards
• If two or more Labour candidates are standing in a
  ward, then the individual spending limits are
  proportionately reduced;
• For two candidates reduce total limit by 25%, for three
  or more 33%;
• Limits remain individual to each candidate

“Notional” spending
• Goods or services given free of charge or at a non-commercial
  discount of 10% or more
• Everything provided by CLP (or any unit of the party) will be
  notional spend – and most spending should be via CLP
• Other examples include print paid for by a supporter or office
  space donated by a trade union
• Invoices/receipts not strictly needed for notional spending, but
  you must establish a fair commercial value and it is usual to
  support the CLP statement with documentation.
• Full commercial value counts towards spending limit if worth
  more than £50 – otherwise just the actual price paid. Notional
  spend of more than £50 is also a donation.

Donations
• Donations (either to the CLP or the candidate must be from
  permissible, UK based sources if over certain thresholds.
• £50 if given directly to candidate or £500 to CLP.
• Recommended that donations go to CLP rather than candidate
  due to higher threshold and to protect the agent from having to
  do legal checks and report donations individually at the lower
  threshold.
• All donations must be checked within 30 days of receipt – CLPs
  report once a quarter to HQ and candidates in their spending
  return
• All notional spending for the campaign is also a donation and
  must be included in the spending return.

Return of election expenses
• Itemised list of all spending and donations – including
  notional spend, plus agent and candidate declarations
• Receipts and invoices for items over £20 paid for by agent
  – statement of notional spend from CLP for everything else
• All bills must be received within 21 days of the declaration
  of the result and paid within 28 days – if these deadlines
  aren’t met we need to apply to court to pay them
• Agent is responsible for submitting return and declaration
  within 35 days of the declaration of the result.
• The days in all these deadlines include weekends and bank
  holidays.

Tips for managing election spend
• Set a budget comfortably below the spending limit to allow
  for contingency
• CLP should pay for all election expenses on behalf of
  candidates – all notional spend
• Agents and CLP treasurers should work closely together to
  record spending and track against budget
• CLP treasurer provides agent with statement of notional
  spend after the election for the return
• Keep all receipts or invoices for actual spend over £20

Campaign do’s and don’ts

Imprints
• Required by law on all printed communications and
  the party also requires imprints on websites, emails
  etc.
• 3 part imprint: Printed by…Promoted by…on behalf of
• Promoter is the agent – must have name and address
  for all three
• Can use an office address for agent and candidate –
  address can also be the same for both

Imprint Example
• Printed by The Printer, 24 Main Street, London,
  Postcode. Promoted by Ann Agent on behalf of Andrew
  Candidate both at 21 The High Street, London,
  Postcode
• Similarly pre-election material should be promoted by
  a named individual on behalf of Anytown Labour Party
  both at a party office or the individual’s home address

Defamation and false statements
• Specific election offence of making false statements about
  the conduct or character of a candidate, and civil law –
  defamation - also applies to campaign material.
• Check all campaign material for accuracy and make sure
  your claims can be evidenced.
• Our political opponents can and do make malicious
  complaints to the police and can take legal action.
• Keep all attack material political rather than personal, and
  be prepared to back it up – if in doubt speak to your
  national/regional office or Governance and Legal Unit
  BEFORE printing or publishing material.

Endorsers, copyright and fly-posting
•   Written permission required to use a likeness or quote of an
    identifiable individual in campaign material – pro forma release form
    on the Governance and Legal Hub. Not needed for crowd photos.
•   Parental consent needed for images of children
•   You must get permission from the copyright holder before using
    images – do not reproduce photos taken from the internet
•   Don’t use logos of organisations – i.e. NHS – they are likely to be
    copyrighted and public bodies won’t give permission to use them on
    political campaign material
•   You cannot put posters on anyone else’s property without their
    permission – and that includes public land, street furniture, etc. The
    owner can bill you for cost of removal.

Campaign code of conduct
• Voluntary code of conduct introduced by the Electoral
  Commission that all major political parties are signed
  up to. Covers best practice on:
   – Encouraging electoral registration
   – Handling absent voter applications
   – Good behaviour at polling stations
• The party expects that everyone working on
  campaigns has read and abides by the code – it is
  available to download on the GLU hub.

Additional resources and support
• Election motor insurance, public liability insurance for
  events and legal insurance for CLPs/candidates
• Legal handbook and statutory timetable for agents
  and campaigners – available on GLU hub
• Insurance certificates, forms and lots of other
  resources also on GLU hub
• Contact GLU for advice: legal_queries@labour.org.uk

Achieve
            Where to go: achieve.labour.org.uk
              Our online learning platform
What is Achieve?
• Our platform for online
  learning, with purpose-
  built content
• Uses video, text,
  quizzes and more
How can it help you:
• Enthuse and train new members
• Power up activists to campaign
• Help role holders develop skills
• Knowledge of the Labour Party

How to get in touch
Training Team                         Option 3, Option 2 | The Organise Team
training@labour.org.uk                | organise@labour.org.uk
0207 77831360                         Monday – Friday, 10am – 4pm

Telephone: 0345 092 22 99             Option 5 | Labour Membership |
                                      labourmembership@labour.org.uk
General local government and ALC      Monday – Thursday 9am–5pm, Friday 9am–
queries, campaign advice, print and   4:30pm
training
councillors@labour.org.uk             Legal Hotline – 020 77831498
                                      legal_queries@labour.org.uk
Option 3 | Campaign Technology |
campaigntechnology@labour.org.uk
Monday – Friday 9:30am – 6:00pm

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