Guidance for Candidates and Agents at local government elections in England

The election agent is the person responsible for the financial management of the candidate’s election campaign. This includes responsibility for campaign spending, donations, and completing the return after the election.

We have summarised the financial responsibilities of an election agent in this document, so candidates can share it with anyone they have approached to be their agent. However, we recommend that you familiarise yourself with our guidance for candidates and agents. You can also find information in our guidance about an agent’s role on polling day.  

You should make sure you understand the obligations of the role and how it works in practice for a campaign, before you agree to become an agent. Once appointed, election agents can only be removed with the candidate’s agreement. As an agent, you will therefore be responsible for fulfilling your duties unless the candidate revokes your appointment.

Understanding the agent’s responsibilities

• As a summary of your responsibilities, you must:
• make most payments for candidate election spending
• ensure invoices are received and paid by the deadlines
• keep receipts or invoices for any payments of £20 and above  
• record the necessary details of spending in order to complete the return
• check whether donations can be accepted by the candidate
• record the necessary details of donations in order to complete the return
• deliver the spending and donations return to the Returning Officer by the deadline
• sign and deliver to the Returning Officer a declaration that the return is complete and correct to the best of your knowledge and belief

Spending

Candidate spending can only be incurred by the agent, the candidate, and anyone the agent or candidate authorises to incur spending. By ‘incur’ we mean making a legal commitment to spend the money.

In contrast, most payments for candidate spending must be made by or through the agent rather than the candidate. Please see Incurring and making payments for candidate spending for more detailed information.

The agent is also responsible for receiving invoices within 21 calendar days and paying invoices within 28 calendar days of the election result being declared. Invoices received or remaining unpaid outside of these deadlines cannot legally be paid without a court order. See Deadlines for more information.

Donations

Candidates can only accept donations towards their campaign spending from certain UK-based sources. The agent is responsible for checking whether a donation can be accepted and for reporting donations in the return. Please see Candidate donations for more information.

Reporting

The agent is responsible for reporting spending and donations to the Returning Officer after the election using a form called the candidate return. You must deliver the return to the Returning Officer within 35 calendar days of the election result being declared. Please see Completing your return for the requirements of the return.

Alongside the candidate, the agent must also sign a declaration that the return is complete and correct to the best of their knowledge and belief. Please note that failure to submit a spending return or declaration by the deadline without an authorised excuse, or making a false declaration, is a criminal offence.

Once you are appointed

Once you are appointed as an agent, you should ensure that a system is in place to keep a record of candidate spending and donations, and receipts or invoices for any payments of £20 and above. You must keep these records to complete the return after the election. You should also calculate the candidate’s spending limit.

How we can help

You can contact our regulatory advice service at [email protected] and on 0333 103 1928. We will also be running advice surgeries and webinars in the lead-up to the election and after polling day to answer any questions. This includes practical help on how to fill in a spending return. You can sign up to our Regulation Bulletin newsletter to receive details about these events.