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The Political Parties, Elections and Referendums Act 2000 (c. 41) is an Act of Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom. It formed an important part of the constitutional reform programme implemented by the 1997 Labour Government, building on the Registration of Political Parties Act 1998 (c. 48) which was passed two years earlier.
The Act was introduced after consultation with major political parties, and largely followed the recommendations of the Committee on Standards in Public Life (known at the time as the "Neill Committee" after its chairman), an independent body set-up by former Prime Minister John Major to consider ways of making politics more transparent. The committee set out its proposals in its report, The Funding of Political Parties in the United Kingdom. [1]
The Act created an independent Electoral Commission to regulate political parties and their funding arrangements. It also required parties to submit statements of their accounts on a regular basis, and prohibited the receipt of funds from foreign or anonymous donors. Restrictions on campaign expenditure were also put in place, dictating the maximum amount that parties were able to spend.[ citation needed ]
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The law gave the newly formed Electoral Commission a role in controlling the registration of political parties.
The requirement for parties to register with an official body, if they wished to be named on ballot papers, was the result of a fairly wide acceptance that the finances of political groups should be regulated to reduce the perception of underhand dealings.
In addition, political groups or individuals failing to register with the Commission would only be able to describe themselves as "Independent" on ballot papers, or else have a blank space instead of a description after their names—with the single exception of the Speaker of the House of Commons who is entitled to be described as: "The Speaker seeking re-election".
This built on the provisions of the Registration of Political Parties Act 1998, passed amid concern about voters being fooled by misleading ballot descriptions.
There is an annual fee for the registration of a political party.
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Under the terms of the law, registered political parties are only allowed to accept donations in excess of £500 from "permissible donors", defined as either individuals on an electoral register in the United Kingdom, or political parties, companies, trade unions, or similar organisations that are registered in the country.
The provision of non-financial support to a registered party – such as subsidies or free materials – is counted as a donation. Each party is required to submit details of all donations received, whether by party headquarters or their subsidiary parts. Each report must provide sufficient information to show that a donor counts as a "permissible source".
Political parties on the separate register for Northern Ireland are exempt from the controls on accepting and reporting donations.
The Act places strict limits on the amount each party may spend in the run-up to the election (how that time period is defined depends on the type of election). As of 2024, the limit for elections to the UK Parliament in Westminster stands at £54,010 per constituency contested; this would reach a maximum of £34.13 million for parties contesting all 632 seats in Great Britain. [2] This spending limit applies within 365 days of a General Election. These spending limits were last increased in November 2023. [3]
The amount permitted to be spent by third-parties during Parliamentary elections to support or oppose candidates was increased from the previous limit of £5 (which had been held to be an impermissible restriction on freedom of expression by the European Convention on Human Rights in the case of Bowman v United Kingdom ) to £500. [4]
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The Act provides a basic framework to the running of all future referendums that are to be held under the jurisdiction of the Electoral Commission in pursuance of any provision made by a subsequent Act of Parliament in the following areas:
The Act also makes the provision that in any future UK-wide referendum the chairperson of the Electoral Commission is appointed "Chief Counting Officer" for the United Kingdom or gives the power for the chairperson to appoint a Chief Counting Officer.
In December 2006 Prime Minister Tony Blair and politicians of other parties were questioned by police as part of their investigation into the Cash for Honours affair. Part of their time was said to be spent looking at whether the Act had been breached by parties taking loans from supporters in return for nominations to the House of Lords. Unlike donations, loans did not have to be made public as long as they were made on "commercial terms".[ citation needed ]
The Government later changed the law to require the declaration of all forms of loan, and asked a former Clerk of the Crown in Chancery, Sir Hayden Phillips, to undertake a fundamental review of party funding arrangements. He reported in 2008. [5]
In November 2007 the provisions of the Act were again the subject of scrutiny in the cases of Labour party donor David Abrahams and Scottish Labour leader Wendy Alexander.[ citation needed ]
In 2016, several UK police forces started investigations into allegations of election fraud during the 2015 general election, specifically on allegations that the Conservatives breached the spending limits. The majority of allegations focus on the misrepresentation of the "battle-bus" finances.[ citation needed ]
Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The most recent major federal law affecting campaign finance was the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold". Key provisions of the law prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election; However, provisions of BCRA limiting corporate and union expenditures for issue advertising were overturned by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life.
Buckley v. Valeo, 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance. A majority of justices held that, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditures are unconstitutional. In a per curiam opinion, they ruled that expenditure limits contravene the First Amendment provision on freedom of speech because a restriction on spending for political communication necessarily reduces the quantity of expression. It limited disclosure provisions and limited the Federal Election Commission's power. Justice Byron White dissented in part and wrote that Congress had legitimately recognized unlimited election spending "as a mortal danger against which effective preventive and curative steps must be taken".
The Registration of Political Parties Act 1998, is an Act of the Parliament of the United Kingdom which made legal provision to set up a register of political parties in the United Kingdom. Previously there had been no such register, and political parties were not specially recognised.
In the United Kingdom, the Electoral Commission is the national election commission, created in 2001 as a result of the Political Parties, Elections and Referendums Act 2000. It is an independent agency that regulates party and election finance and sets standards for how elections should be run.
The Federal Election Campaign Act of 1971 is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communication media, adding additional penalties to the criminal code for election law violations, and imposing disclosure requirements for federal political campaigns. The Act was signed into law by President Richard Nixon on February 7, 1972.
The Australian Electoral Commission (AEC) is the independent statutory authority and agency of the Australian Government responsible for the management of federal Australian elections, by-elections and referendums.
In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
Regular elections in Croatia are mandated by the Constitution and legislation enacted by Parliament. The presidency, Parliament, county prefects and assemblies, city and town mayors, and city and municipal councils are all elective offices. Since 1990, seven presidential elections have been held. During the same period, ten parliamentary elections were also held. In addition, there were nine nationwide local elections. Croatia has also held three elections to elect members of the European Parliament following its accession to the EU on 1 July 2013.
The financing of electoral campaigns in the United States happens at the federal, state, and local levels by contributions from individuals, corporations, political action committees, and sometimes the government. Campaign spending has risen steadily at least since 1990. For example, a candidate who won an election to the U.S. House of Representatives in 1990 spent on average $407,600, while the winner in 2022 spent on average $2.79 million; in the Senate, average spending for winning candidates went from $3.87 million to $26.53 million.
The Federal Corrupt Practices Act, also known as the Publicity Act, was a federal law of the United States that was enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections until the passage of the Federal Election Campaign Act in 1971. The Act was signed by President William Howard Taft on June 25, 1910.
The Electoral Finance Act 2007 was a controversial act in New Zealand. The Fifth Labour Government introduced the Electoral Finance Bill partly in response to the 2005 New Zealand election funding controversy, in particular to "third-party" campaigns.
Political funding in the United Kingdom has been a source of controversy for many years. Political parties in the UK may be funded through membership fees, party donations or through state funding, the latter of which is reserved for administrative costs. The general restrictions in the UK were held in Bowman v United Kingdom to be fully compatible with Article 10 of the European Convention on Human Rights.
There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom, elections to devolved parliaments and assemblies, local elections, mayoral elections, and Police and Crime Commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the prime minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality, the single transferable vote, the additional member system, and the supplementary vote.
The United Kingdom Alternative Vote referendum, also known as the UK-wide referendum on the Parliamentary voting system was held on Thursday 5 May 2011 in the United Kingdom to choose the method of electing MPs at subsequent general elections. It occurred as a provision of the Conservative–Liberal Democrat coalition agreement drawn up in 2010 and also indirectly in the aftermath of the 2009 expenses scandal. It operated under the provisions of the Parliamentary Voting System and Constituencies Act 2011 and was the first national referendum to be held under provisions laid out in the Political Parties, Elections and Referendums Act 2000. Many local elections were also held on this day.
The Parliamentary Voting System and Constituencies Act 2011(c. 1) is an Act of the Parliament of the United Kingdom that made provision for the holding of a referendum on whether to introduce the Alternative Vote system in all future general elections to the UK Parliament and also made provision on the number and size of parliamentary constituencies. The Bill for the Act was introduced to the House of Commons on 22 July 2010 and passed third reading on 2 November by 321 votes to 264. The House of Lords passed the Bill, with amendments, on 14 February 2011, and after some compromises between the two Houses on amendments, it received Royal Assent on 16 February 2011.
Political funding in New Zealand deals with political donations, public funding and other forms of funding received by politician or political party in New Zealand to pay for an election campaign. Only quite recently has political funding become an issue of public policy. Now there is direct and indirect funding by public money as well as a skeleton regulation of income, expenditure and transparency.
The American Anti-Corruption Act (AACA), sometimes shortened to Anti-Corruption Act, is a piece of model legislation designed to limit the influence of money in American politics by overhauling lobbying, transparency, and campaign finance laws. It was crafted in 2011 "by former Federal Election Commission chairman Trevor Potter in consultation with dozens of strategists, democracy reform leaders and constitutional attorneys from across the political spectrum," and is supported by reform organizations such as Represent.Us, which advocate for the passage of local, state, and federal laws modeled after the AACA. It is designed to limit or outlaw practices perceived to be major contributors to political corruption.
The European Union Referendum Act 2015 was an Act of the Parliament of the United Kingdom that made legal provision for a consultative referendum to be held in the United Kingdom and Gibraltar, on whether it should remain a member state of the European Union or leave the bloc altogether. The Bill was introduced to the House of Commons by Philip Hammond, Foreign Secretary on 28 May 2015. Two weeks later, the second reading of the Bill was supported by MPs from all parties except the SNP; the Bill subsequently passed on its third reading in the Commons on 7 September 2015. It was approved by the House of Lords on 14 December 2015, and given Royal Assent on 17 December 2015. The Act came partly into force on the same day and came into full legal force on 1 February 2016.
The United Kingdom General Election 2015 – Party Spending Investigation was a probe involving the UK Electoral Commission, numerous police forces, and the Crown Prosecution Service into spending by political parties and candidates, primarily during the 2015 general election campaign. This co-ordinated investigation has been described as 'an unprecedented and extraordinary situation'.
Several allegations of unlawful campaigning in the 2016 EU referendum have been made. Some allegations were dismissed by the investigating bodies, but in other cases wrongdoing was established, leading to the imposition of penalties. Sanctions have included the levying of the maximum fine possible on Facebook for breaches of data privacy.
