The Electoral Commission has published a factsheet which details how charities' activities will be affected by the spending rules on EU referendum campaigning.
The factsheet has been published ahead of the start of the referendum period, which begins on 15 April 2016 and ends on 23 June 2016. During this period there are rules and spending limits that apply to certain activities.
The guidance applies to all organisations and individuals including charities, companies and campaigning organisations.
Referendum spending is expenditure on certain campaigning activities that are “intended to or are otherwise in connection with, promoting or brining about a particular outcome in the referendum”.
Referendum spending includes money spent on items or services used during the referendum period including those bought before the period begins; items or services used during the referendum but paid for after it; and items or services given to you free of charge or at a non-commercial discount of more than 10 per cent.
Organisations can spend up to £10,000 on referendum spending, only organisations which have registered with the Electoral Commission as a ‘registered campaigner’ can spend over £10,000.
Referendum spending can apply to an organisation’s annual report, a research report or risk analysis specifically about the EU referendum, an industry or sector event relating to the referendum, and polling and surveys.
The factsheet said that spending on a research report or risk analysis will be counted as referendum spending if it is “intended to or otherwise in connection with, promoting or bringing about a particular outcome in the referendum”.
It added that if the “two outcomes are compared in the report, or a value judgement is made as to which outcome should be preferred, or the report uses positive or negative language rather than having a neutral, objective tone, this makes the spending more likely to fall within the spending rules”.
An event that is held where an speakers are invited to represent both sides of the outcome, and allows all those attending an equal opportunity to participate – so it is not intended to bring about a particular outcome – is unlikely to be counted as referendum spending.
While spending on events that are intended to, or are otherwise in connection with, promoting or bringing about a particular outcome in the referendum will be referendum spending.
Charities will also have to take into account the Charity Commission’s EU referendum guidance.
The Electoral Commission’s factsheet can be found here. It should be read in conjunction with its guidance on the EU referendum.
