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States update guide after claims of "election breaches"

States update guide after claims of

Thursday 27 August 2020

States update guide after claims of "election breaches"

Thursday 27 August 2020


The States has rushed to change its guidance notes for election candidates following "confusion", which has led to complaints against the Guernsey Partnership of Independents' spending.

Complaints have been made to the States about the Partnership of Independents spending money on advertising before the start of the regulated period, which commences on 1 September until the last day of voting on 7 October.

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Pictured: The wording in the original 'Information for prospective candidates' guidance notes.

However, the States has absolved the group of any wrongdoing and hastily re-written relevant sections of the guidance notes, which it says were "erroneous" and incorrectly translated the election law - most notably the above section.

"The above statement is unhelpful in that it states that any materials which are bought or prepared before the start of the regulated period must not be used to promote the candidate’s election until the regulated period begins," said the States.

"The Electoral Expenditure Ordinance, 2020 provides that expenditure on goods and services procured before the regulated period, but used during the regulated period, must not exceed the candidate’s expenditure allowance.

Pictured: Sacc Committee Member Emilie McSwiggan has issued some explanation of spending rules.

"A person may spend money on goods or services that are used before the regulated period to promote his or her prospective candidacy. He or she may also use goods or services during the regulated period that are procured before the regulated period, so long as such expenditure does not exceed his or her expenditure allowance."

Any candidate who does contravene the Reform (Guernsey) Law, 1948 and/or The Electoral Expenditure Ordinance, 2020, will be guilty of an offence. Any candidate who is convicted of an offence will face a fine and the Royal Court may also order that they forfeit their seat, if elected.

Pictured top: Image from the Guernsey Partnership of Independents Facebook page of a press briefing it staged and live streamed earlier this month.

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