Non-party campaigners: Scottish Parliamentary elections

The non-party campaigning laws apply to spending on what we call ‘regulated campaign activities’ during the regulated period. Electoral law specifies the activities that will and will not be regulated for non-party campaigners.

All non-party campaigners must keep records of their spending on regulated campaign activities to ensure they do not exceed their spending limit. If you register with us, you will also need to itemise and report your spending on these activities to us after the election.  

The activities that are regulated are:1

• the production or publication of material which is made available to the public at large or any section of the public
• canvassing and market research seeking views or information from members of the public
• press conferences and media events organised by the non-party campaigner
• transport in connection with publicising your campaign
• public rallies and other public events

These expenses are known as ‘controlled expenditure’ under the Political Parties, Elections and Referendums Act 2000 (PPERA).

To assess whether spending on one of these campaign activities is regulated, we look at two factors:

• the ‘purpose test’
• whether the activity is aimed at or involves the public 

In all cases, you should make an honest and reasonable assessment, based on the facts, of the proportion of spending that can be fairly attributed to your regulated campaign activities.

What is the purpose test?

Spending by non-party campaigners on one of the above activities is only regulated if it can reasonably be regarded as intended to promote or procure the electoral success of:

• one or more political parties
• one or more party list candidates
• political parties or candidates who support or do not support particular policies or
• another particular category of candidates

by influencing voters at an upcoming election to vote in a particular way.2

Whether an activity can reasonably be regarded as intending to influence voters to vote in a particular way is commonly known as the ‘purpose test’. Spending on any of the campaign activities will only be regulated if the activity meets the purpose test.

Meaning of the public

Some activities only need to meet the purpose test to be regulated, while other activities will only be regulated if they are also aimed at, or involve, the public. These are:

• the production or publication of material which is made available to the public at large or any section of the public 
• canvassing and market research seeking views or information from members of the public
• public rallies and other public events

‘The public’ is not defined in electoral law and therefore needs to be considered in its ordinary meaning. You will need to consider the involvement of the public for each of these activities. Guidance on the meaning of the public is included in the campaign activity pages.