Skip to main content

Essex District Elections 2022 - pre election guidance

LOCAL AUTHORITY PUBLICITY AND EVENTS DURING THE PRE-ELECTION PERIOD MARCH – MAY 2022

Introduction

Ordinary Elections for seven Essex district councils will be taking place on 5 May 2022, the pre-election period starts on 28 March 2022 and ends at the close of polls on 5 May 2022.

The rules about political publicity and use of Council resources apply at all times, not just in the run up to an election, but the pre-election period is particularly sensitive and extra caution is required.

This guidance note is intended to help explain the rules during the sensitive pre-election period.

Seven Councils (Basildon, Brentwood, Castle Point, Colchester, Epping Forest, Harlow and Rochford) in Essex hold elections by thirds and therefore have ordinary elections in 2022. 15 current councillors have seats that are subject to election and we expect a number of other members to stand in elections in May 2022. Although not all Councillors or Councils have elections in May, it is important that extra care is taken on any publicity or perceived publicity during this period.

Background

The pre-election publicity rules (sometimes called ‘purdah’) seek to stop public money and public resources from being used for political purposes or to produce publicity that might influence an election. Publicity is very broadly defined as meaning any communication addressed to the whole or a section of the public.

Business as Usual

During the pre-election period most Council business will continue, although members and officers must have regard to this guidance.

What the County Council cannot do during the pre-election period:

  • Publish anything which appears to be at least partly designed to affect support for a political party.
  • Help anyone else to publish such publicity (e.g. by providing a script).
  • Organise or host publicity-seeking events which may appear to be designed to affect support for a political party.
  • Give pro-active publicity to anyone involved in the election.
  • Launch consultations, particularly in areas subject to elections. Consultations started before the pre-election period may extend into the pre-election period, but any publicity issued during the pre-election period must comply with the election rules.
  • Incur expenses by holding meetings or issuing adverts or publications with a view to promoting the election of a candidate.  Breach of these rules can constitute a criminal offence.
  • Use any resources for party political purposes.
  • Assist members to use social media or host or publish blogs if they are involved in an election.
  • Hold a surgery in ECC premises if it is attended by anyone involved in the election.

We consider that a member is involved in the election if:

  • They are a candidate.
  • They are an election agent (with respect to publicity which wholly or partly affects the area in which the election is held).
  • They are actively campaigning in the election (with respect to publicity which wholly or partly affects the area in which the election is held).
  • They are the Leader or a Cabinet Member of a Council which has elections (with respect to publicity which wholly or partly affects the area of the Council concerned).

Any intended publicity material which quotes any member during the pre-election period must not:

  • be designed to affect support for a political party
  • quote someone involved in the election, or
  • quote another member but to such an extent that the cumulative impact of other publicity relating to that member could lead to a suggestion that the member involved is actively involved in the election.

Any material to be issued quoting any member involved in the election during the pre-election period must be referred to the Monitoring Officer, the Head of Communications and Marketing and the Head of Democracy and Transparency who can refer any material they consider appropriate to the Leader of the Group or the Leader of the Council and the Chief Executive.

What the County Council can do:

  • Respond to external events where it would be expected to do so.
  • Issue factual non-political press releases.
  • Publish factual information which identifies the names, divisions and parties of candidates at elections.
  • Publish decisions made as part of usual council business.
  • Hold events which are not likely to give publicity to anyone involved in the election.

What about Members themselves?

Subject to election law, members and their campaign teams may arrange any publicity themselves during the pre-election period, as long as no ECC officers are involved and no ECC equipment, assets or resources are used. This applies to all members regardless of whether they are standing in the election.

There are no restrictions on members attending an event which is not organised by ECC or its contractors, but ECC should not encourage such events to be held.  On rare occasions it may be necessary for ECC officers to advise whether it is appropriate to arrange such events in order to react to events.

Queries

If you have any questions about this, please contact:

Paul Turner paul.turner@essex.gov.uk 03330 134591, Katie Bray katie.bray@essex.gov.uk 0333 013 9643 or Joanna Boaler Joanna.boaler@essex.gov.uk  03330 134578