Written evidence submitted by Professor
Justin Fisher (FTPB 06)
FIXED TERM
PARLIAMENTS AND
CANDIDATE ELECTION
SPENDING
The government's proposals to introduce fixed-term
Parliaments will, if enacted, reveal an anomaly in the Political
Parties and Elections Act 2009. Section 21 of the Act legislates
for candidate election expenses in the event of a Parliament exceeding
55 months. It introduces two regulated campaign periods: one for
the period from the 55th month until dissolution (the long campaign)
and one from dissolution until polling day (the short campaign).
The distinction between long and short campaigns is necessitated
only by the variable date of an election and introduces variable
candidate election expenditure limits depending upon the election
date relative to the 55th month.
The introduction of fixed term parliaments will
render both the variability in candidate election expenses and
the distinction between long and short campaigns redundant. Thus,
it is assumed that the Political Parties and Elections Act will
require amendment accordingly. In the event of a "snap election"
it is assumed that as is currently the position, the regulated
period would exist from dissolution to polling day as stipulated
in the Political Parties, Elections and Referendums Act.
Notwithstanding, given that the Act did recognize
the need to regulate candidate election expenses beyond the period
from dissolution to polling day, and in 2010 instituted January
1st as the start point of regulated campaign expenditure, it would
seem sensible to introduce a fixed start point in respect of regulated
spending of four months prior to polling day, or for administrative
convenience, the first day of the year in which an election is
due (assuming the election takes place in the first week in May).
This would effectively replicate the provision in the 2009 Act,
but remove the redundant components of variable election dates
and separate regulated periods.
3 August 2010
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