Public Elections
(Expenditure and Donations) (Jersey) Law 2014
A LAW to regulate the expenditure of,
and donations towards the election expenses of, a candidate in a public
election
Adopted by the
States 21st May 2014
Sanctioned by
Order of Her Majesty in Council 16th July 2014
Registered by the
Royal Court 25th
July 2014
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
Part 1
introductory
provisions
1 Interpretation
In this Law, unless the context otherwise requires –
“2002 Law” means the
Public Elections (Jersey) Law 2002[1];
“anonymous donation”
shall be construed in accordance with paragraph 4 of the Schedule;
“candidate” means a
person admitted as a candidate for election as a Senator, Deputy or
Connétable, in accordance with Article 18 of the 2002 Law;
“candidate’s election
expenses” shall be construed in accordance with Article 3;
“Committee” means
the Privileges and Procedures Committee established by Standing Orders of the
States of Jersey;
“donation” shall be
construed in accordance with the Schedule;
“Greffier” means the
Judicial Greffier;
“nomination meeting”
means a meeting held pursuant to Article 19 of the 2002 Law;
“third party” shall
be construed in accordance with Article 9(1) to (3);
“third party’s election
expenses” means the expenses described in Article 9;
“working day” means
any day other than Christmas Day, Good Friday, a Sunday or a day observed as a
bank holiday pursuant to the Public
Holidays and Bank Holidays (Jersey) Law 1951[2].
2 Donations and expenses
(1) The
Schedule has effect to describe –
(a) gifts,
loans and the supply of goods or services that are donations, the value
attributed to a donation and the circumstances in which a donation is
anonymous; and
(b) expenses
that are to be disregarded as election expenses.
(2) The
States may, by Regulations, amend the Schedule.
Part 2
Candidate’s election expenses and
donations
3 Meaning
of “candidate’s election expenses”
(1) Expenses
are a candidate’s election expenses if they are incurred, at any time
before the poll –
(a) by the
candidate or with the candidate’s express or implied consent; and
(b) for
the supply or use of goods or the provision of services which are used –
(i) to promote or
procure the candidate’s election at the election, or
(ii) to prejudice the
electoral prospects of another candidate in the same election.
(2) Where
a candidate is endorsed by a political party, the candidate shall be deemed,
for the purposes of paragraph (1)(a), to have consented to the party
incurring expenses on his or her behalf.
(3) A
candidate’s election expenses may be direct expenses or notional
expenses.
(4) Subject
to paragraph 8 of the Schedule, a direct expense is the amount of any
liability incurred for the supply or use of goods or the provision of services
which are used as described in paragraph (1)(b).
(5) A
notional expense is incurred when goods or services supplied either free of
charge or at a discount are used as described in paragraph (1)(b).
(6) A
notional expense is also a donation and, accordingly –
(a) the
value of a notional expense is determined in accordance with paragraph 3
of the Schedule; and
(b) there
shall be disregarded any notional expense that, by virtue of paragraph 5,
6, 7 or 8 of the Schedule, is not a donation.
(7) If
election expenses are incurred by, or with the express or implied consent of, 2
or more candidates, it shall be presumed, unless the contrary is proved by
them, that the expenses relate to goods and services which are of equal benefit
to them and, accordingly, that those expenses are to be apportioned equally
between them.
4 Restriction
on candidate’s election expenses
(1) A
candidate’s election expenses shall not exceed, in the aggregate –
(a) where
the candidate is a candidate for election as Senator, £2,800, or, where
the candidate is a candidate for election as Deputy or Connétable, £1,700;
and
(b) 11 pence
for each person entitled to vote in the election by virtue of , as the case
requires, Article 2(1), (2) or (3) of the 2002 Law.
(2) A
candidate whose election expenses exceed the limit imposed by paragraph (1)
is guilty of an offence and liable to a fine.
(3) The
States may by Regulations amend in paragraph (1) the limit on a
candidate’s election expenses.
5 Prohibition
of candidate keeping anonymous donation
(1) A
candidate shall not keep an anonymous donation.
(2) A
candidate who receives an anonymous donation shall, within 10 working days
of receiving it, send it to the Treasurer of the States.
(3) The
Treasurer of the States shall make such arrangements as he or she thinks fit
for the distribution, to one or more charities established in Jersey, of
donations sent to him or her under paragraph (2).
(4) A
candidate who fails to comply with paragraph (2) is guilty of an offence
and liable to a fine.
6 Requirement
for candidate to make declaration following election
(1) Subject
to paragraph (2), a candidate shall, no later than 15 working days
after the day the poll is held, deliver to the Greffier a written declaration
of –
(a) the
candidate’s election expenses, itemising the amounts expended (whether
direct or notional) and the goods and services on which they are expended; and
(b) the
donations that the candidate has received, specifying –
(i) in relation to
each donation of, or having a value of, more than £120, the name of the
donor, the amount or value of the donation, and whether the donation is of –
(A) money,
(B) a
loan of money,
(C) goods
or the use of goods, or
(D) services,
(ii) the sum of the
anonymous donations received, and sent to the Treasurer of the States, by the
candidate.
(2) The
donations made by a donor to the candidate shall, for the purposes of paragraph (1)(b)(i),
be aggregated.
(3) The
declaration required by paragraph (1) shall be –
(a) made
using a form supplied by the Greffier;
(b) include
a statement by the candidate that, to the best of his or her knowledge,
information and belief, the information contained in it is true, complete and
correct; and
(c) signed
by the candidate.
(4) If,
having made a declaration, a candidate becomes aware of any variation in or
addition to the information required to be declared, the candidate shall, as
soon as possible and, in any event, no later than 10 working days after
becoming so aware, deliver to the Greffier a further written declaration of the
variation or addition.
(5) A
declaration delivered under paragraph (4) shall include a statement
conforming to paragraph (3)(b) and be signed by the candidate.
(6) A
candidate who fails to deliver a declaration, or further declaration, in
accordance with this Article is guilty of an offence and liable to a fine.
(7) A
candidate who delivers a declaration, or a further declaration, under this
Article, knowing or believing it to be false in a material particular, is
guilty of an offence and liable to a fine.
(8) The
States may by Regulations amend –
(a) the
monetary amount expressed in paragraph (1)(b)(i);
(b) the
period of time expressed in paragraph (1);
(c) the
period of time expressed in paragraph (4).
7 Verification
of expenses
(1) The
Greffier may request, in writing, a candidate to produce invoices, receipts and
other proof of the candidate’s election expenses.
(2) A
candidate shall comply with a request made under paragraph (1) within
15 working days of it being made.
(3) A
candidate who fails to comply with paragraph (2) is guilty of an offence
and liable to a fine.
8 Requirement
to provide information and documents to candidate
(1) A
person who incurs or pays a candidate’s election expenses shall, as soon
as is practicable, provide the candidate with such information and documents as
the candidate requires to comply with Articles 6 and 7.
(2) A
person who fails to comply with paragraph (1) is guilty of an offence and
liable to a fine.
part 3
third party’s election expenses and
donations
9 Meaning
of “third party” and “third party’s election
expenses”
(1) A
third party, in relation to an election, is –
(a) a
person, who is not a candidate in the election and who is not acting with the
express or implied consent of a candidate in the election, who incurs expenses
for the supply or use of goods, or the provision of services; or
(b) 2
or more persons acting together, none of whom is a candidate in the election
and who are not acting with the express or implied consent of a candidate in
the election, who incur expenses for the supply or use of goods, or the
provision of services,
which goods or services are used –
(i) to
promote or procure the election of any candidate in the election, or
(ii) to
prejudice the electoral prospects of any candidate in the election.
(2) For
the purposes of paragraph (1)(b), 2 or more persons act together –
(a) if
they are jointly liable for the expenses;
(b) if
the expenses are incurred with their express or implied consent; or
(c) if
they incur and are liable for the expenses separately, but are either working
together or liaising to co-ordinate their respective expenditure, and the
expenditure is for shared purposes.
(3) In
this Law, any reference to a third party is a reference to a person described
in paragraph (1)(a) or, where 2 or more persons are acting together as
described in paragraph (1)(b), all of those persons.
(4) The
expenses to be taken into consideration are those incurred at any time before
the poll.
(5) A
third party’s election expenses may be direct expenses or notional
expenses.
(6) Subject
to paragraphs 7 and 8 of the Schedule, a direct expense is the amount of
any liability incurred for the supply or use of goods or the provision of
services which are used, in either case, for the purposes of an election
campaign.
(7) A
notional expense is incurred when goods or services supplied either free of
charge or at a discount are used as described in paragraph (1)(i)
or (ii).
(8) A
notional expense is also a donation and, accordingly –
(a) the
value of a notional expense is determined in accordance with paragraph 3
of the Schedule; and
(b) there
shall be disregarded any notional expense that, by virtue of paragraph 5,
6, 7 or 8 of the Schedule, is not a donation.
10 Restriction
on third party’s election expenses
(1) A
third party’s election expenses for an election shall not exceed, in the
aggregate, one half of the maximum that would be allowed to a candidate in the
election by virtue of Article 4.
(2) Where
a third party campaigns in more than one ordinary election held in a year, the
sum of the third party’s election expenses, for all of those ordinary
elections, shall not exceed one half of the maximum that would be allowed to a
candidate in the ordinary election for Senators.
(3) A
third party whose election expenses exceed the limit imposed by paragraph (1)
or (2) is guilty of an offence and liable to a fine.
(4) In
this Article “ordinary election” means an ordinary election held
pursuant to the States of Jersey Law 2005[3] or the Connétables
(Jersey) Law 2008[4].
11 Prohibition
of third party keeping anonymous donation
(1) A
third party shall not keep an anonymous donation.
(2) A
third party who receives an anonymous donation shall, within 10 working
days of receiving it, send it to the Treasurer of the States.
(3) The
Treasurer of the States shall make such arrangements as he or she thinks fit
for the distribution, to one or more charities established in Jersey, of
donations sent to him or her under paragraph (2).
(4) A
third party who fails to comply with paragraph (2) is guilty of an offence
and liable to a fine.
12 Requirement
for third party to make declaration following election
(1) Subject
to paragraph (2), a third party shall, no later than 15 working days
after the day the poll is held, deliver to the Greffier a written declaration
of –
(a) the
third party’s election expenses, itemising the amounts expended (whether
direct or notional) and the goods and services on which they are expended; and
(b) the
donations that the third party has received, specifying –
(i) in relation to
each donation of, or having a value of, more than £120, the name of the
donor, the amount or value of the donation, and whether the donation is of –
(A) money,
(B) a
loan of money,
(C) goods
or the use of goods, or
(D) services,
(ii) the sum of the
anonymous donations received, and sent to the Treasurer of the States, by the
third party.
(2) Paragraph (1)
shall not apply to a third party whose election expenses for the election are
less than £600.
(3) The
donations made by a donor to the third party shall, for the purposes of paragraph (1)(b)(i),
be aggregated.
(4) The
declaration required by paragraph (1) shall be –
(a) made
using a form supplied by the Greffier;
(b) include
a statement by the third party that, to the best of the third party’s
knowledge, information and belief, the information contained in it is true,
complete and correct; and
(c) signed
by the third party.
(5) If,
having made a declaration, a third party becomes aware of any variation in or
addition to the information required to be declared, the third party shall, as
soon as possible and, in any event, no later than 10 working days after
becoming so aware, deliver to the Greffier a further written declaration of the
variation or addition.
(6) A
declaration delivered under paragraph (5) shall include a statement
conforming to paragraph (4)(b) and be signed by the third party.
(7) If
a third party is 2 or more persons acting together, any declaration required by
this Article shall be made jointly by those persons and signed by each of them.
(8) A
third party who fails to deliver a declaration, or further declaration, in
accordance with this Article is guilty of an offence and liable to a fine.
(9) A
third party who delivers a declaration, or a further declaration, under this
Article, knowing or believing it to be false in a material particular, is
guilty of an offence and liable to a fine.
(10) The States
may by Regulations amend –
(a) the
period of time expressed in paragraph (1);
(b) the
monetary amount in paragraph (1)(b)(i);
(c) the
monetary amount in paragraph (2);
(d) the
period of time expressed in paragraph (5).
13 Verification
of expenses
(1) The
Greffier may request, in writing, a third party to produce invoices, receipts
and other proof of the third party’s election expenses.
(2) A
third party shall comply with a request made under paragraph (1) within
15 working days of it being made.
(3) A
third party who fails to comply with paragraph (2) is guilty of an offence
and liable to a fine.
part 4
general and closing provisions
14 Offences:
general
(1) The
limitation in Article 68 of the 2002 Law on the institution of a
criminal prosecution under that Law applies also to the institution of a
criminal prosecution under this Law.
(2) The
Greffier shall pass any declaration made or documents produced under this Law
to the Attorney General where it appears to the Greffier that an offence
against any provision of this Law may have been committed.
(3) Where
an offence under this Law committed by a body corporate, a limited liability
partnership or a separate limited partnership is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect on the
part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(4) Where
the affairs of a body corporate are managed by its members, paragraph (3)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if the member were a director of the body
corporate.
15 Offences:
defences
(1) It
shall be a defence for a person charged with an offence against Article 4(2)
or 10(3) to prove that he or she took all reasonable steps to avoid the
commission of the offence.
(2) It
shall be a defence for a person charged with an offence against Article 5(4),
6(6), 7(3), 8(2), 11(4), 12(8) or 13(3) to prove that he or she has a
reasonable excuse for the commission of the offence.
16 Greffier
to make declarations available for inspection
The Greffier shall make declarations received by him or her under
this Law available for inspection, free of charge, at the offices of the
Judicial Greffe, during normal working hours.
17 Arrangements
for publication of election material
(1) The
Committee shall make arrangements for election material provided to it by a
candidate to be published in Jersey.
(2) The
election material shall include information summarizing the candidate’s
background and manifesto (whether or not it contains other information).
(3) The
Committee shall not be obliged to publish election material provided to it by a
candidate after the closing date specified by the Committee for the provision
of such material.
(4) The
Committee shall not be obliged to publish election material provided to it by a
candidate if –
(a) the
material is provided in a format other than a format specified by the
Committee; or
(b) the
material exceeds a length or size specified by the Committee.
(5) The
arrangements made under this Article shall be available to each candidate in an
election on equal terms.
(6) No
person other than the author of election material published pursuant to paragraph (1)
shall incur any civil or criminal liability by virtue of the publication.
18 Consequences
of conviction of successful candidate in election
(1) This
Article applies to a candidate elected in an election and convicted of an
offence under Article 4(2), 5(4), 6(6) or (7) or 7(3) connected with his
or her election expenses for the election.
(2) Upon
the proceedings for the offence being concluded, the convicted candidate shall
be disqualified for taking the office to which he or she has been elected or,
if he or she has already taken the office, shall cease to hold the office.
(3) Paragraph (2)
does not prevent the convicted candidate standing as a candidate in the
election held to fill the vacancy in office caused by that paragraph.
(4) Proceedings
for an offence are concluded upon –
(a) the
convicted candidate’s conviction being confirmed by a court without any
further right of appeal; or
(b) the
expiry of any time allowed for the convicted candidate to appeal, without an
appeal being made.
19 Repeal
There are repealed –
(a) the
Public Elections (Expenditure and Donations) (Jersey) Regulations 2011[5]; or
(b) if
those Regulations have, before the commencement of this Law, expired or been
revoked and, in either case, replaced by further triennial Regulations
regulating the expenditure of, and donations towards, the election expenses of
a candidate in a public elections, those further triennial Regulations.
20 Citation
and commencement
(1) This
Law may be cited as the Public Elections (Expenditure and Donations) (Jersey)
Law 2014.
(2) If
this Law is registered on or before 15th August 2014, it shall come into force
7 days after it is registered.
(3) If
this Law is registered after 15th August 2014, it shall come into force on such
day as the States by Act appoint.
m.n. de la haye
Greffier of the States
SCHEDULE
(Article 2)
Donations AND EXPENSES
1 Money
(1) A
gift of money is a donation if –
(a) it
is made at any time before the poll (including before the nomination meeting),
and the giver signifies, either expressly or by implication, that the money is
intended for use to pay the recipient’s election expenses; or
(b) it
is made after the nomination meeting and before the poll, and is either made
anonymously or the giver does not signify the intended use of the money.
(2) A
loan of money is a donation if –
(a) it
is made either at no cost to the recipient or on terms by which the cost to the
recipient is below the commercial rate for the loan; and
(b) it
is made –
(i) at any time
before the poll, and the lender signifies, either expressly or by implication,
that the loan is intended for use to pay the recipient’s election
expenses, or
(ii) after the
nomination meeting and before the poll, and is either made anonymously or the
lender does not signify the intended use of the loan.
(3) A
gift or loan of money is made at the time when the money is given to the
recipient or, if earlier, the time when the giver or lender informs the
recipient of his or her intention to make the gift or loan.
2 Goods
and services
(1) A
supply of goods (including a supply by way of loan or rental) or a supply of
services is a donation if –
(a) it
is made free of charge or at a discount to the open market value of or rate for
the supply of the goods or services; and
(b) it
is made –
(i) at any time
before the poll, and the person making the supply signifies, either expressly
or by implication, that the goods or services are intended for use –
(A) where the
recipient is a candidate, for the purposes described in Article 3(1)(b),
or
(B) where
the recipient is a third party, for the purposes described in Article 9(1)(i)
or (ii),
(ii) after the
nomination meeting and before the poll, and is either made anonymously or the
person making the supply does not signify the intended use of the goods or
services.
(2) A
supply of goods or services is made at the time when the goods or services are
provided to the recipient.
3 Value
attributable to donation of loans, goods or services
(1) The
value of a donation that is a loan of money is the amount equal to the
difference between the cost, to the recipient, of the loan if it had been made
on commercial terms and the actual cost to the recipient.
(2) The
value of a donation of goods is the amount equal to the difference between the
open market value of the goods and the actual cost to the recipient.
(3) The
value of a donation of the use of goods is the amount equal to the difference
between the open market rate for the use of the goods and the actual cost to
the recipient.
(4) The
value of a donation of the supply of services is the amount equal to the
difference between the open market rate for their supply and the actual cost to
the recipient.
4 Anonymous
donations
A donation is anonymous if the recipient is unable to ascertain the
identity of the person making it.
5 Exception
for services provided by the Committee
Where –
(a) the
Committee provides services for the dissemination of information about or on
behalf of candidates in a public election; and
(b) those
services are provided on the same terms to each of those candidates,
the provision of those services is not a donation.
6 Exceptions
relating to services of an individual provided without charge
(1) The
provision by an individual of his or her own services is not a donation if he
or she provides his or her services –
(a) as
a volunteer;
(b) without
charge; and
(c) otherwise
than in the course of his or her employment, trade or profession or any other
business.
(2) Subject
to sub-paragraph (3), the exception in sub-paragraph (1) does not
extend to any goods used by or supplied by the individual in the course of the
provision of the individual’s own services.
(3) Where,
in the course of the provision of the individual’s own services, an
individual uses his or her own goods, the use of the goods and any expenditure
incurred by the individual that is incidental to the use of the goods, is not a
donation.
7 Exception
for newspapers and broadcasts
(1) Subject
to sub-paragraph (2), the publication of any matter relating to the public
election –
(a) in
a newspaper or periodical circulating in Jersey;
(b) in
a programme broadcast by a television or radio service provider; or
(c) on
a website as part of the news service of a television or radio service provider
or news agency,
is not a donation or a third party’s election expense.
(2) The
exception in sub-paragraph (1) does not apply to an advertisement.
(3) Where
the publisher of a newspaper or periodical circulating in Jersey also publishes
a web-based edition of the newspaper or periodical, the reference in sub-paragraph (1)(a)
to the newspaper or periodical includes the web-based edition of it.
(4) Where
a television or radio service provider, in addition to broadcasting a
programme, makes the programme accessible by streaming or download from a
website, the reference in sub-paragraph (1)(b) to the broadcast programme
includes the programme as it may be accessed from a website.
8 Exception
for re-used goods
Where –
(a) goods
were supplied for use by a candidate or third party in an election (the
“previous election”);
(b) the
goods are used by the candidate or third party in a later election (the
“subsequent election”); and
(c) either –
(i) any
direct and notional expenses for their supply were taken into account in
determining, for the purposes of this Law or any Regulations that it replaced,
the amount of the candidate’s or third party’s election expenses in
relation to the previous election, or
(ii) the
previous election preceded the ordinary elections in 2008,
any direct and notional expenses for the supply of the goods are
neither a donation nor an election expense in relation to the subsequent
election.