When does a charity need to register with the Electoral Commission?

Blog by Angela Hare, Policy and Research Officer

Angela has recently taken up the post of Policy and Research Officer with the Commission, replacing Conal Baxter. She will be assisting the Policy Development Manager, Ann Breslin, in the development of policy, producing related manuals and guidance, monitoring charity law developments and research, and maintaining relationships with external stakeholders including helper groups.

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With charities in Northern Ireland uniquely placed to campaign and advocate on behalf of their beneficiaries, many charities look to keep elected representatives updated on their work, activities and aims. Not only does this help to raise awareness of the various good causes and organisations in Northern Ireland, but it also works to educate, to raise much needed funding and to bring about vital change where that may be needed.

However, it is important to remember that, for charities, there is an important distinction between political purposes and political activities. The purposes are what a charity has been established to achieve, whereas activities are how it will go about achieving those purposes. A charity cannot be established for a political purpose, but may engage in political activity or campaigning to achieve its purposes.

When engaging in political activity, organisations must ensure:

• the activity is solely in support of its charitable purposes
• the activity is not prohibited by the charity’s governing document
• the charity remains independent and does not align itself with a particular political party or politician
• it is in the charity’s best interest to undertake the activity and the trustees act with due care.

The rules for regular or one-off campaigning activities

Where a charity undertakes regular or one-off campaigning activities, the charity trustees must comply with Electoral Commission (EC) rules and register as a non-party campaigner where necessary.

The EC has provided guidance for non-party campaigns which sets out these rules, including those on spending on regulated campaign activity. An organisation undertakes regulated campaign activity if the activity can reasonably be regarded as intended to influence voters to vote for or against political parties or categories of candidates, including political parties or categories of candidates who support or do not support particular policies or issues. This is called the purpose test and includes for example:

• holding press conferences or other media events
• providing transport in connection with publicising the organisation’s campaign.

As well as meeting the purpose test, spending on the following activities is only regulated if the activities are also aimed at, seen or heard by, or involve the public. This is called the public test and applies to:

• the production or publication of election material
• canvassing and market research
• public rallies and public events.

The rules on spending and donations apply during what is known as the regulated period. For the local Assembly elections, this period runs for four months, ending on the day of the election. As the election is due on 5 May 2022 the regulated period began on 5 January 2022.

Spending limits and when to register with the Electoral Commission

In Northern Ireland, if an organisation spends or is planning to spend £10,000 on regulated campaign activity during a regulated period, it must register with the Electoral Commission (EC) as a registered non-party campaigner.

Only certain types of applicants can register with the EC as a registered non-party campaigners. A full list of eligible applicants and how to register is included in the EC's guidance. Organisations can register any time before or during a regulated period, but must register before the £10,000 has been spent on regulated campaign activity during a regulated period.

This is a complex area and in the policy and research team, we would encourage charities planning to carry out activities which are, or may be, campaigning activities to read the Charities and politics guidance and the EC's guidance.

If necessary seek advice from the Electoral Commission at: infonorthernireland@electoralcommission.org.uk or by calling on 0333 103 1928.