Red tape clamps down on 'spoiler' parties

Literal democrat candidates should be consigned to memory thanks to legislation

Every general election throws up its own legal controversies as election law is tested.

This year, two pieces of legislation brought in since the 1997 contest are being put through their paces.

The Political Parties, Elections and Referendums Act 2000 (PPER) tightens the amount national parties can spend and requires parties to register, to try to prevent confusion among the electorate - no more Literal Democrat candidates - while the Representation of the People Act 2000 provides for more flexible voting procedures.

David Attfield, solicitor in the media group of City law firm Lovells, says the PPER followed the Neill Commission report on standards in public life.

A political party which puts up candidates in every seat is limited to a fighting fund of a maximum of 19.7 million over the year leading to a general election.

However, as the Act has not been in force for a full year before this election, the maximum spend is reduced for the largest parties to around 16 million.

After the campaign, parties must register their election expenses with the Electoral Commission.

Mr Attfield explains: 'The most controversial aspect of the Act is the requirement that donations above certain amounts must be registered with the Electoral Commission - 5,000 in the case of a political party, 1,000 to a local party.

Individual candidates must declare donations of more than 50 because of the greater need for transparency in local funding.

However, in an accident of timing, that only comes into force on 1 July.

'The requirement over registering national and constituency donations has only been in place two or three months, but the list on the Electoral Commission's Web site already runs to 30 pages for the two main parties.' The legislation is also intended to stop 'spoiler' parties or candidates.

'You are unlikely to get Real Labour or Literal Democrat candidates because political parties must now register with the Electoral Commission, which means there will be some control over names, as well as revealing who is behind a particular party,' he says.

'If you are standing as an independent and don't want to register, you have to use the word independent in your title.' The Representation of the People Act is a 'very dry piece of legislation' which details changes in the way the electoral roll is maintained and increases the scope for postal votes.

However, Mr Attfield says it also envisages flexible voting, such as having polling stations open over several days - in France voting is on consecutive Sundays.

With turnouts falling, the Act paves the way for experiments, such as 24-hour polling stations and voting on-line, using local elections as guinea pigs.

'While we are in for a traditional election day next Thursday, what has come into force is a little-known clause which bans media reports of the results of exit polls before the polls have closed.

It was felt that if voting went over more than one day, exit poll results could influence voters.

Breaching the ban is a criminal offence punishable by imprisonment or fine.'Grania Langdon-Down