Electoral Commission publishes guidance for charities on the Lobbying Act

The Lobbying Act 2014 limits spending on a range of campaigning activities by non-party campaigners in the run-up to elections that could be seen as intending to influence voters at an election. The new rules take effect from 19 September 2014.

The Lobbying Act sets out an overall reduction in the amount campaigners can spend at UK Parliamentary General Elections, including a spending limit of £9,750 per Parliamentary constituency, and new reporting requirements both before and after the election.

Charities have been concerned from the outset that the Lobbying Act would make it more difficult for them to speak out on issues that could be regarded as party political in the lead-up to elections. Now that the Guidance has been published, there are concerns that it does not reflect assurances given that the normal campaigning activities of charities will not be restricted by the Lobbying Act. Specific concerns include:

• How widely the “purpose test”, which sets out what campaigning activity would fall under the Lobbying Act, may be applied;
• A lack of clarity as to whether or not a charity needs to register with the Electoral Commission, as it depends on issues outside charities’ control, such as the policies of political parties; and
• Uncertainty as to who a charities “members and committed supporters” are.