This toolkit covers the role of an agent in local elections to principle councils in England, Scotland and Wales. There are some differences in the legislation as it applies to each nation – these are highlighted.
This toolkit is not for use for Westminster, Scottish Parliament, Welsh Senedd, Police and Crime Commissioner or metro mayoral elections.
Town and parish council elections in England, and community council elections in Wales make no provision for a separate agent – the candidates are automatically their own agents. The principles outlined in this toolkit apply.
The main text and linked material from the Electoral Commission are available to all. There are some ALDC produced resources that are available to members only. If you are not an ALDC member please join here.
The election agent, alongside the candidate, have roles defined in law. The most important legislation in relation to elections is the Representation of the People’s Act 1983.
Once appointed and during the regulated period (see below), the law makes the election agent responsible for the legality of everything that happens as part of the candidate’s campaign. If the law is broken, the buck stops with the agent.
Specifically, the election agent must:
One oddity is that an agent’s responsibility, e.g. getting the candidate nominated, often starts before you are appointed. The appointment is part of the process of nominating a candidate. See the Nominations section.
You will also be responsible for reporting expenditure that has already been incurred but will be made use of in the regulated period.
The election takes place according to a legally defined timetable.
The electoral commission publishes both a generic timetable (use this for by-elections) and a specific one for each May’s local elections.
Note: The timetable is calculated in working days BEFORE the election but in CALENDAR days afterwards!
The process of formally nominating candidates is vital. No nomination – no candidate in the election! Nominations involve submitting formal paperwork by a set deadline.
The process varies in each nation. The toolkits below will take you through the process in your nation.
In every election there is the regulated period. This is when election expenses are incurred.
The electoral commission says: ‘When we use the term ‘regulated period’ we mean the time when spending limits and rules apply.’
The regulated period starts the day after your candidate official becomes ‘a candidate’.
For local elections, you cannot become a candidate until the last date for the publication of the notice of election.
NOTE: It is not the date the council actually publishes the notice – it is the last day.
NOTE: In the past it was said that if you called yourself a candidate before this date, you started your election expenses. This is no longer true.
Even if you put in your nomination forms after this date, always assume your candidate was in place on the last day for publication and start your expenses from the next day.
The regulated period ends at 10pm on election day.
The amount you can spend in the regulated period is limited. The expenditure limit is based on a fixed sum plus an amount per elector. The number of electors are those on the relevant register on the last day for the publication of the notice of election.
The amount is reduced for two candidates standing in the same ward by 25%, and by 33% for three or more candidates in the same ward.
NOTE: Elections at different levels, e.g. parish, county, are separate. A candidate standing, for instance, in a single member district ward and a co-terminus parish ward as a sole candidate can use the full limit in both elections.
The town and parish council limits are the same as others.
Control of election expenses is, in law, the responsibility of the agent.
The agent needs to follow these straight forward rules and make sure everyone else knows them too:
To do this, you should have an agent’s bank account. This can be an ordinary current account in your name, which you only use for election expenses. It must be a single signature account.
The simplest way to open one is to use one of the online banks. You can open an account online simply and it will allow you to make electronic payments and should provide you with a payment card.
You do not separate accounts for different candidates or wards. Use one account but record what the money is for carefully.
Sometimes, a treasurer will query the process. However, it is important that a clear distinction is made between outgoings toward the election campaign and other party outgoings. ALDC or the Compliance team at LDHQ can advise the treasurer that using an agent’s account is the correct procedure. You will account for the money via the expenses return and you can provide regular updates to the treasurer if that is helpful.
The agent must make sure every campaign has a proper budget.
Regularly update the budget during the campaign and keep receipts for everything, however small: you need to include invoices or receipts in your expense returns for all items of £20 or above. Keeping all receipts even if you have an invoice This will help you keep track of what you have and have not paid.
Pay as many bills as possible by cheque, bank transfer or card, rather than from petty cash. The agent’s cheque book and record of electronic payment transfers provides a measure of extra evidence of your payment and its timing.
NOTE: Remember, you need an invoice and receipt for everything over £20.
You should track your expenses as you go along.
Use ALDC’s expense tracker to keep on top of your expense return.
Record keeping is vital. You need to know when each item was ordered, delivered and used.
You need to keep copies of everything you do and make sure you get proper invoices. A lever arch file with plastic pockets is your friend in this. Attach the invoice and any other material (e.g. delivery note) to a copy of each leaflet, etc. Date and keep them in a pocket.
You also need to keep and account for wastage. You don’t have to include in your expense return for material you haven’t used but you need to have documentary proof of everything you don’t use – preferable photographs and evidence of counts/weight (see below).
The main source of income in a budget will normally be a donation from the local party. The size of this should be agreed in advance, along with any process for varying the sum during the campaign in response to events.
If you receive donations direct, the agent is responsible for checking that every donation is permissible. It is easier you don’t have to do that, so the local party should raise the money for the campaign. The treasurer will be used to doing the required permissibility check.
All donations over £50 are detailed in the election expense return (see below).
NOTE: Some care is needed here. If money is specifically given to a named candidate, rather than the party, then you should treat it as if it is a donation to the agent and the campaign, even if the money actually goes into a LP bank account.
NOTE: Donations made to the local party are only declarable and reportable (via the party’s donation reporting system in Lighthouse) if they are over £500. Donations direct to a campaign are reportable at £50 (and are reported via the election expense return).
NOTE: Donations are never reported twice, so the same donation must not appear on both the local party’s Lighthouse reporting and on the agent’s election expense return.
A list of permissible sources for donations in the UK can be found on the Electoral Commission’s website here.
Notional Expenditure is when something you use for your election campaign has a value but you do not pay for it. You still have to declare that value.
For instance, gifts in kind, discounts or ‘special deals’ must be fairly recorded and declared. You must cost at “market value” anything given for free or at more than 10% discount – if that costs a total of £50 or more.
If you do have to declare any notional expenditure, it will have to appear both at its commercial value in the value column of the form and then as nil or the discounted amount in amount paid column. There needs to be a corresponding notional donation recorded.
Apportionment is the process whereby we allocate a cost, for instance an invoice for a leaflet between different candidate returns. This can be in just one ward, across candidates in several wards or between candidates in the district election and those standing in a parish election
NOTE: Each election is separate, so if an individual is a candidate for both a district seat and a parish seat in the same area they exist as two different candidates. They incur expenditure against both their district and parish campaigns and this is then reflected in two separate expense returns.
We also need to look at wastage as part of apportionment. A candidate only reports expenditure that was actual used to try and secure their election. This can be different to the money actual spent. For instance, the agent buys 5,000 leaflets at a cost of £220 for the ward but delivery problems mean that only half are actually delivered during the campaign. The remaining 2,500 leaflets are wastage and we do not declare them on the expenses return – we only declare the £110 actually made use of.
For wastage, the agent should keep hold of the material until after the election. Then bundle up the material and take photos of it with a copy of newspaper from after the election. You can then retain these as proof that this material was wastage.
Similarly, if your campaign delivers a leaflet both before and after the start of the regulated period, then the agent makes an honest assessment of how much is delivered during the regulated period and apportions the cost accordingly.
When apportioning material you need to make an honest assessment of how much is dedicated to each campaign. A general leaflet in a three member ward, featuring each candidate, would be split evenly between those candidates. You don’t need to sit with a ruler measuring column inches. Similarly, if a leaflet contains three stories relating to the district campaign and one to the parish candidates then you would apportion 75% of the cost to the district campaign and 25% to the district campaign.
When apportioning an invoice the agent should write the calculation of it on the invoice itself and then copy it, so each return contains a copy of the same invoice.
For example, in a ward with two district and three parish candidates, we put out a leaflet. We ordered 6,000 leaflets put only managed to deliver 4,000. The leaflet features the district campaign on one side and the parish on the other. The cost of the leaflet was £270.
The agents writes on the invoice this calculation:
The corresponding figures appear on each return and a copy of the invoice is included in each.
While you are responsible for authorizing expenditure and paying bills, you can authorize minor expenditure by a third person, for instance to buy stationery.
This is particularly important for Facebook advertising, when the person registered with Facebook to place political adverts may not be the agent. In this case you should issue a Section 74 notice before they start to advertise. This will state who you are authorizing, the candidate/s it is on behalf, the dates the expenditure is occurred and the maximum expenditure.
A template Section 74 notice can be downloaded here.
The omnibus invoice is an invoice from your local party (for instance) to the campaign for “services rendered”.
This can be used to wrap up a series of small bills into one: e.g. Items sold to campaign from stock (e.g. envelopes, stamps, tellers pads), including those bought in advance, (e.g. use of computer database, rosettes, website, stakes for posters).
During the regulated period you must use an imprint on material you publish, both online and in print. You need not use an imprint on material that is purely internal, for instance instructions to clerical workers.
Outside elections the legislation is different but we still recommend that you use an imprint. However, you can list the local party as publisher rather than an individual.
The rules here are different in Scotland, and in England and Wales.
We recommend you use an imprint in the following style for printed material:
Published and promoted by {agent’s name} on behalf of {candidate name/s} (Liberal Democrats), all at {agent’s office address}. Printed by {name and address of printer}.
For situations when a publication is for multiple candidates you can use:
Published and promoted by {agent’s name} on behalf of {area name} Liberal Democrats, all at {agent’s office address}. Printed by {name and address of printer}.
The imprint must be on the face of the material (i.e. the outside once it is folded). It should be clearly legible. There is no advantage in making an imprint so small it is tough to read or trying to hide it.
The recommended imprint for online material is:
Published and promoted by {agent’s name} on behalf of {candidate name/s} (Liberal Democrats), all at {agent’s office address}. Hosted by {name and address of social media company/email provider}.
For online material you can also use ‘on behalf of {area name Liberal Democrats} when it covers multiple candidates.
In England and Wales, this must appear on emails (normally as part of the email ‘signature’). For social media it needs to be on the home page or as a pinned post. Facebook has a ‘impressium’ field. Individual images posted on social media, that promote candidates and the Liberal Democrats in the elections, must now also carry an imprint on the image itself following rule changes in late 2023.
Imprints should appear on every page on a website.
The Data Protection Act 2018 and UK GDPR apply to election campaigns. The Liberal Democrats have a legal right to the full electoral register and to the marked register (the list of those who actual vote in a particular election). We can use them as part of our legal right in democratic engagement.
You should familiarize yourself with the party’s data protection rules and procedures by looking at the GPDR pages on the Lib Dem website.
When you are producing material that requires ‘processing’, for instance producing direct mail or sending emails, you must use an approved supplier, listed on those pages.
When you collect data during a campaign, for instance in canvassing, you must use the correct fair processing notice (FPN). These are listed, along with when to use them, on the party’s website.
When you are producing direct mail, the following should be included with the imprint. It can be at the bottom and 6-8 point type is acceptable.
If you have any issues, or someone contacts you to ask to exercise their data rights (e.g. to opt out of communications), contact the party immediately via data.protection@libdems.org.uk
You must respect other people’s copyright during the campaign. This is likely to include the use of organisations’ logos and photos, other than those taken by yourselves.
Never reproduce another organisation’s logo without permission, including a councils.
Do not use photos you find on the internet. Take your own or, if necessary, buy ones from a photo stock site. The copyright of a photo almost always belongs to the photographer, so it is a good idea to be able to identify who took your photos.
If you have photos of children or vulnerable adults you should get permission in writing to use them. If you are taking a photo somewhere that is not public, you will also need permission (this includes council property, schools, hospitals etc.).
Defamation is the act of damaging someone’s reputation, either in a permanent form (libel) or a spoken form (slander).
In the heat of a campaign, people can get carried away. It is possible to print something that causes harm to an opponent or third party, or you may feel your candidate is the victim of defamation.
Negative campaigning is a part of fighting elections. It is important that we hold our opponents to account. However, it is rarely worth attack a person rather than another party.
The key is to only publish things that are provably true. It is not enough for them to be true, you need to be able to prove it. If in any doubt get advice, or, better still, don’t publish it.
If you are in a situation where you feel your are the victim of defamation or you have received a letter accusing you of having committed defamation, stop and get advice. Never rush to accuse someone else of defamation yourself.
If you receive a letter or have a concern get help immediately, either from ALDC or the LDHQ Compliance Team. Do not try to deal with it yourself. It is likely that you will be directed to get legal advice, either locally or from specialist solicitors the party recommends. A defamation case can be very costly indeed. It is vital that you receive the appropriate legal advice early on.
In ordinary law and election law there are a number of practices that are offences. These are grounds for prosecution. An election can also be declared void if a candidate or agent has charges proven against them. However, commonsense and knowledge will keep you safe.
Most of these are fairly straight forward but a few are worth highlighting:
Undue influence. This were pressure is bought about to get people to vote a particular way. It could be religious influence, or a group of people intimidating voters outside of a polling station.
Treating. This is when a gift is given to induce a person to vote a particular way and required a corrupt intent. In one recent case, gifts of packets of dates with a Labour Party sticker on were distributed by canvassers and the candidate. However, simple hospitality does not count, such as offering a cup of tea and a biscuit at a public meeting or buying a team out delivering your leaflets a sandwich at lunch time.
There are a number of positions you appoint people to, to do specific tasks during the election. The dates you must do this by are in the election timetable.
In a local election, you do not appoint sub agents.
Polling agents
Polling agents, along with the candidate and agent can visit poling stations. The job of a polling agent is to prevent ‘personation’, some pretending to be a voter and use their ballot. This is very vary and you do not normally need to appoint polling agents.
Postal vote counting agents
As with counting agents (below), these are able to attend and observe a postal vote count. It varies as to whether much can be seen at a postal vote count, so you should use your judgement as to whether to use them. They must preserve the secrecy of the ballot.
Counting agents
Counting agents are vital. We should only appoint people to be counting agents who are able and willing to do a through job (and this can be a long night or a long day).
Their job is first to ‘sample’ the ballots in the initial stage. Then they need to scrutinize the vote to ensure we get every vote we are entitled to.
Note: Counting agents must never touch a ballot, where there is an issue they should raise it with the council election worker, the presiding officer or you as the agent.
Polling day is a busy one but the agent needs to make sure a number of things happen correctly.
Committee Rooms
The place or places you campaign is run from during the day is called a committee room. These can be in every ward or in just one place. The committee rooms for running the polling day operation can be as close to the polling station as you are able to find premises, but must not be within the “precincts of the polling station”. They are normally within a supporters house or a party office, if you have one.
Committee Rooms must display a poster advertising their use for this purpose. It is not a direct legal requirement to display a Notice of Election Offences Poster but it helps protect the agent as they can reasonably say they pointed out to helpers what they must not do.
The law bans the publication of exit polls before the polls close in an election. In fact, the ban is broader than this and covers any statement that could reasonably be believed to be based on actual information as to how people have voted.
Any statements on leaflets therefore must make it clear that any projections for what you think the result may be (e.g. “the latest figures show it is neck and neck”) relate to polls conducted before the polling stations opened or are based on other information NOT on information gathered on the day.
Tellers
These are the party workers who stand at the entrance to the polling station and collect voters’ electoral register numbers or name and address – have no special rights in law. However, the Electoral Commission issues guidance on tellers and some “Do’s and Don’ts“. Although it is only guidance, most Returning Officers are willing to follow it – though they may need reminding what it says.
Each polling station has its own Presiding Officer, who is in charge. If there is a dispute, you should obey the Presiding Officer in the first instance, but take the matter up immediately with the Returning Officer, who can overrule the Presiding Officer.
The count takes place either immediately after the close of poll or on the day after the election.
You are there to make sure your candidate gets the best result possible and to supervise your counting agents.
The count is divided into stages. First the votes are checked in each ballot box to ensure they match the number issued, then they are sorted and finally they are counted.
NOTE: Ballots must be sorted face up and clearly, so you can see the face. If this does not happen, complain to the presiding officer.
In the first stage you should do a box count, which is when our counting agents tally the votes as they are unfolded, allowing us to assess support in each polling district.
Once this has been done, our counting agents are there to see that the count is conducted fairly and does not disadvantage the Liberal Democrat candidate.
If a counting agent observes a problem, they should politely ask the counting clerk to deal with it. If this fails, they should get the agent to take the issue up with the Presiding Officer on that table. Counting agents must on no account ever touch a ballot paper.
Counting agents should work to maximise our result and on no account help our opponents!
During the count, the candidate and agent will be asked over to look at spoilt and doubtful ballots.
Nowadays, it is unusual to see a ballot about which you can have a genuine argument.
If you believe that a vote was expressing their preference for your candidate/s, or was not expressing it for one of your opponents, you should make your case now.
The Electoral Commission helpfully publish ‘placemats’, which deal with most possible situations.
Before a result is declared the candidate and the agent will be asked to look at the result.
Recounts are at the Returning Officer’s discretion; they are not a right. Grounds that a Returning Officer is likely to accept are:
NEVER ASK FOR A RECOUNT WHEN YOU ARE IN FRONT!
Note: It’s a common urban myth that if the Returning Officer messes up the numbers they read out then that wrongly read result is the actual one that stands. Following the declaration of the result, the Returning Officer is required to publish a notice showing the total number of votes received by each candidate, which can be used to put right such an error made at the declaration.
In the event of the Returning Officer declaring a tie after recounts the result really is determined by ‘lot’, e.g. by the toss of a coin, cut of cards or drawing straws
The Lib Dems have a Box Count Calculator spreadsheet that you can set up prior to your count and use to predict where results will be close as you enter your samples from box counts.
The below article goes into a bit more detail about preparing for and winning at the count
Once the count has finished, everyone else can relax, and celebrate or commiserate. The agent cannot. You must now start work on the election returns. After a good night’s sleep of course!
You must make sure invoices are received, bills paid and your expenses return submitted according to a strict timetable. You and the candidate/s must also sign and submit declarations.
ALDC has a full toolkit on submitting your election returns that you can find on the link below: