Electoral reform consultation: easy read

Part 4 – Campaigning

Campaigning and money

Notional spending

The UK Elections Act changed some laws about money for campaigning. These are for UK elections, but the Scottish Government thinks it would be good to have some of the same rules for Scottish elections.

Notional spending is when candidates are given goods or services for free or at a discount. The candidate must declare what the full price would have been in their accounts. The new rules make it clear that candidates do not have to declare spending that they did not know about.

Question 33: Do you think that the new rules about notional spending should also apply to Scottish elections?

• Yes
• No

Third party campaigning

Third party campaigners are campaigners who are not candidates or political parties. The UK Elections Act made some changes to the rules about third party campaigners.

Third party campaigners now need to register with the Electoral Commission if they spend more than £10,000 across the whole of the UK in a UK General Election. We think this should be the rule when Scotland Parliament and local elections take place at the same time as elections in other parts of the UK.

Question 34: Do you think third party campaigners should have to register with the Electoral Commission if they spend more than £10,000 across the whole of the UK?

• They should have to register if they spend £10,000 across the UK
• They should only have to register if they spend £10,000 in Scotland
• I have a different idea

If you said 'I have a different idea' above, please tell us about this in the box below:

The UK Elections Act included a new rule that third party campaigners based in other countries have to register with the Electoral Commission if they spend more than £700. We think we should also have this rule for Scottish elections.

Question 35: Do you think third party campaigners in other countries should have to register if they spend more than £700 on Scottish elections?

• The spending limit should be £700
• The spending limit should stay the same as it is now - £10,000
• I have a different idea

If you said 'I have a different idea' above, please tell us about this in the box below:

The UK Government has the power to add, remove or change the kinds of third-party campaigners that are allowed. The Scottish Parliament would need the same powers to make sure that the rules are the same as the rest of the UK.

Question 36: Do you think the Scottish Parliament should have the power to add, remove or change the kinds of third-party campaigners that are allowed?

• Yes
• No

The Electoral Commission has a code of practice that sets out the rules for third party campaign spending. These rules are about UK elections, but the Scottish Government wants a similar set of rules for Scottish elections.

Question 37: Do you think the Electoral Commission should make a set of rules on third party campaign spending in Scottish elections?

• Yes
• No

The Electoral Commission can fine people and organisations who break election laws. The maximum fine they can give is £10,000 for elections and £500,000 for referendums. We think £10,000 is too low to stop major parties and donors from breaking the law.

Question 38: Do you think the maximum fine the Electoral Commission can give to people and organisations who break election laws should:

• Go up to £500,000
• Stay at £10,000
• Be set at a different amount

If you said 'a different amount' above, please tell us about this in the box below:

Digital imprints

The UK Elections Act contains a new rule saying that online election campaign material must contain digital imprints. These contain information about who has made and paid for the online material.

This rule would replace the existing rule for digital imprints in Scotland. We want to know if there are any parts of the existing Scottish rule that we should keep.

Question 39: Do you think the Scottish Government should do away with its own rules about digital imprints and use the new rules in the Elections Act 2022 instead?

• Yes
• No

Question 40: Do you have any further comments on digital imprints? Please tell us in the box below: