Case Study: Ensuring compliance with the Electoral Act 1993

March 11, 2021

Overview -

Franks Ogilvie assisted a new political party in meeting their responsibilities under the Electoral Act.


Issue –

The Electoral Act 1993 is 377 pages long. Successful adherence to its many provisions often relies upon experienced campaigners who know how to navigate it. As a new political party, it was difficult for our client to be confident they were upholding their many responsibilities. While the Electoral Commission provides good resources for candidates and parties, it is sometimes difficult to apply generic laws to particular fact situations.


What we did –

Franks Ogilvie ensured the party were aware of their obligations and how regulators would normally interpret the provisions of the Act. Throughout the course of the election, the party engaged with us on a range of matters, including detailed questions and proposed advertising materials, to check their understanding of the Act was correct. We provided them with practical advice that drew on rulings from the Electoral Commission and publicly available examples from other political parties to demonstrate how the law had been enforced.

Outcome –

The political party contested the 2020 election with no issues regarding their electoral advertising.

If you are interested in electoral law matters, please get in contact with Brigitte Morten.

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