Campaigning in elections
The run-up to an election is a key opportunity for NGOs to raise awareness of their issues amongst the general public, and to lobby political parties on their demands.
However special rules apply on campaigning during election periods, especially for charities.
Election law for charities
Specific Charity Commission guidance sets out the rules on campaigning during elections.
This guidance was updated in January 2010 after consultation with some campaigning organisations.
In comparison with the previous version it is slightly improved. There is greater clarity on whether it is necessary to invite representatives from all parties to events, with the focus being on considering the interests of the charity.
The guidance acknowledges for the first time that producing a manifesto can be acceptable, if it aims to influence political parties or raise the profile of issues - but not if it aims to influence voter behaviour.
However some ambiguity remains when it comes to how far a charity can go in comparing its own policy positions with those of political parties. The guidance states that although a charity can set out its own views in publicity materials alongside party positions, it must not 'explicitly' compare its views. However the example included in the guidance is rather unclear, noting only that a charity must not explicitly call on people to vote for one party or another.
As before, a charity must take care to remain independent - and be seen as such. It cannot give general support or funding to a particular party or candidate(s), even if candidates com from a range of parties.
A charity can seek to influence public opinion in order to further its aims, but must leave the electorate free to decide how to vote.
More on charities and campaigning
Election law for all campaigners - charities or not
Anyone campaigning during an election period is also affected by other legislation, including the Political Parties, Elections and Referendums Act 2000, the Political Parties and Elections Act 2009, the Representation of the People Acts 1983, 1985 and 2000, and the Local Government Act 1986.
Go to the Office of Public Sector Information to view all Acts of the UK Parliament and explanatory notes.
The Electoral Commission is the principle regulator of this activity. It produces guidance for those who are campaigning in elections who are not political parties.
More on other laws affecting campaigning
More information
Bates, Wells and Braithwaite Solicitors, Election Special briefing, March 2010
Rosamund McCarthy, partner at Bates Wells and Braithwaite, Charities and Elections Q and A, February 2010
Andrew Studd, Russell-Cooke Solicitors, Campaigning in the run-up to an election, February 2010
Rosamund McCarthy and Luke Fletcher, Charities and Electoral Law, October 2009
Charity Commission Guidance CC9: Speaking Out: Guidance on Campaigning and Political Activity by Charities
Electoral Commission guidance on hustings
Campaigning Effectiveness programme at National Council for Voluntary Organisations
Contact the Bond Advocacy team for more advice.
