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Information for the Media
Purpose
The purpose of this document is to inform the news media about the requirements of the Election Act. It reiterates certain rules concerning the following points:
- Election expenses
- Free space or air time
- Authorization of election expenses
- Private intervenor
- Identification of advertising
- Invoicing and advertising rates
- Period when advertising prohibited
- Offences and penalties
This document is by no means complete and in no way replaces a careful reading of the legislation. It is therefore in the interest of the news media to become familiar with the provisions of the Election Act, in particular regarding the financing of parties, deputies and independent candidates and the control of election expenses.
1. Election expenses
1.1 Definition
Election expenses are defined in the Act as being the cost of any goods or services used during the election period to:
- promote or oppose, directly or indirectly, the election of a candidate or the candidates of a party;
- propagate or oppose the program or policies of a candidate or a party;
- approve or disapprove courses of action advocated or opposed by a candidate or a party;
- approve or disapprove any act done or proposed by a party, a candidate or their supporters.
The election period begins the day following the issue of the writ ordering the holding of an election and ends on polling day at the hour polling stations close.
The cost of goods or services incurred prior to an election period for the purchase or production of any writing, object or advertising material or radio or television program used or broadcast during an election period are also election expenses.
1.2 Exceptions and conditions of application
- The act stipulates that some services are not considered election expenses.
1.2.1 Exception relating to written media
- the publication in a newspaper or other periodical of articles, editorials, news, interviews, columns or letters to the editor.
Conditions of application:
- there can be no payment or reward or promise of payment or reward;
- it cannot be a newspaper or other periodical created for the purpose or in view of the election;
- the distribution and the frequency of publication must be the same as outside the election period.
1.2.2 Exception relating to the electronic media
- the broadcasting by a radio or television station of a program of public affairs, news or commentary.
- there can be no payment or reward or promise of payment or reward.
2. Free space or air time
Media may offer radio or television air time or space free of charge to political entities provided that they offer such a service equitably as to quality and quantity to each of these entities. This offer will be made differently according to whether it is during an election period or outside an election period.
During an election period, this offer must be made to all the candidates of the same electoral division or to all the leaders of the parties represented in the National Assembly or that obtained at least 3% of the valid votes at the last general election. However, this offer may not apply during the seven days that follow the day of the writ or on polling day.
Outside an election period, this offer must be made to all the political parties represented in the National Assembly and to the parties that obtained at least 3% of the valid votes at the last general election.
3. Authorization of election expenses
Each political party and each candidate must have an official agent to incur election expenses. The latter is appointed by the leader of the party or the candidate as the case may be.
The official agent of a political party or of a candidate may appoint the required number of deputies, with the approval of the leader of the party or the candidate, as the case may be.
During a general election, only the official agent of a political party or of a candidate, or one of their deputies, may incur or authorize election expenses. However, only the official agent of a candidate may incur or authorize election expenses during a by-election. However, the official agent of an authorized party, his deputy or the official representative of a party authority in an electoral division, if expressly authorized therefor by the official agent of the party, may, so long as no candidate of the party has filed his nomination paper in that electoral division and before the expiry of the period prescribed for the filing of nomination papers, authorize election expenses in the electoral division.
At a by-election, only the official agent of a candidate may incur or authorize election expenses. The official representative of the party authority at the level of the electoral division where the election is being held may also, so long as no candidate of the party has filed his nomination paper and before the expiry of the period prescribed for the filing of nomination papers, authorize election expenses.
An official agent may authorize, in writing, an advertising agency to incur or order election expenses up to the amount he fixes in the authorization.
Moreover, no person may accept or execute an order for election expenses not given or authorized by an official agent, or in his name, by his deputy or by a duly authorized advertising agency.
4. Private intervenor
4.1 Description
A private intervenor is defined in the Election Act as an elector or a group not endowed with legal personality and composed in the majority of natural persons who are qualified electors and may only incur publicity expenses during an election period, for an amount that does not exceed $300, to:
- express views on a matter of public interest or to obtain support for such views; or.
- advocate abstention or the spoiling of ballots.
The private intervenor may not incur advertising expenses in order to directly promote or oppose a given candidate or party.
An authorized political party that presents no candidates in an election and incurs no election expenses may, upon notifying the Chief Electoral Officer, obtain the status of private intervenor. In this instance, the leader of the party is considered to be the representative of the private intervenor.
4.2 Conditions of Application
The private intervenor must:
- obtain his authorization from the returning officer of his electoral division from the 27th to the 13th day preceding polling day;
- not be a member or become a member of any party;
- not act directly or indirectly on behalf of any candidate or party;
- defray the cost of any expense out of his own funds; or out of the own funds of the members who are qualified electors,if it's a group;
- incur only publicity expenses that should not exceed $300;
- not incur an expense jointly with any person;
- must indicate or mention on the advertisement his name when he is an elector, the name of his representative when it is a group, his title of private intervenor, his authorization number, and in addition, if it involves advertising material, the name of the printer or the manufacturer;
- file a report of all his expenses and attach the invoices, receipts and other vouchers.
5. Identification of advertising
5.1 All advertising relating to an election and done during an election period must be identified.
Any election advertisement published in a newspaper or other publication must mention the name and title of the official agent or deputy official agent who had it published.
In the case of an advertisement on the radio, on television or using another information medium or technology and relating to an election, the name and the title of the official agent or the deputy official agent who had it broadcast must be mentioned at the start or the end of the advertisement.
The fact of mentioning the name of the printer or the manufacturer is required on any writing, object or advertising material and in no case it replace the obligation of mentioning the name and title of the official agent who had it produced.
Moreover, when the official agents of several candidates of the same region jointly make or incur any publicity expenses, the advertisements shall bear the name and title of each official agent, or, with the latter's consent, the name and title of the official agent of the party, as well as the name of the printer or manufacturer, when that is the case.
In the case of a private intervenor, the advertising message or publicity appearing in writing, as an object, or in material form, must bear the name and title of the private intervenor, along with his or her authorization number, and the name of the printer or manufacturer, where that is the case.
5.2 Improper identification of advertising
In no case shall a media make good free of charge an advertisement that has not been identified in accordance with the requirements of the act, or even publish free of charge an erratum.
6. Invoicing and advertising rates
6.1 Regular price
The Act stipulates that no person may, for goods or services whose cost is wholly or partly an election expense, claim or receive a price different from the regular price for similar goods or services furnished outside the election period nor may he accept a different remuneration or renounce payment.
6.2 Time period for presenting claims
A claim for election expenses must be filed with the official agent within 60 days from polling day.
After this time period, the creditor has 120 days to file his claim with the Chief Electoral Officer, failing which his claim is prescribed.
7. Period when advertising prohibited
In the seven days following the day on which the order is issued, no person, except the Chief Electoral Officer, may broadcast or cause to be broadcast by a radio or television station or by a cable distribution enterprise, publish or cause to be published in a newspaper or other periodical, or post or cause to be posted in a space leased for that purpose, publicity relating to the election.
However, the first paragraph shall not operate to prevent the announcement by any means referred to therein, once the order has been issued, of a meeting for the selection of a candidate provided that the announcement consists only of the date, time and place of the meeting, the name and visual identification of the party and the names of the persons nominated.
On polling day no person, except the Chief Electoral Officer, may broadcast or cause to be broadcast by a radio or television station or by a cable distribution enterprise, or publish or cause to be published in a newspaper or other periodical, publicity relating to the election.
However, the Election Act does not prohibit the broadcasting or publication of opinion polls during an election period.
8. Offences and penalties
The penalties for non-compliance with the requirements of the Act concerning the identification of advertising are stipulated in section 559.2.
Furthermore, section 559.1 (2) stipulates that every person who makes a false invoice, receipt or voucher is liable to a fine of $5,000 to $20,000.
