In accordance with the code of recommended practice on local authority publicity issued by the Department for Communities and Local Government (31st March 2011), the following guidance has been prepared in connection with the forthcoming by – election. This guidance is different to the usual pre-election guidance prepared by MVDC as it only applies where the election is taking place in a small and defined geographical area.
On Thursday 7th July a By-Election will be taking place in the District Ward of Charlwood.
The Notice of Election for the By-Election was published on Thursday 19 May 2022. From this date and up to and including Thursday 7th July, extra care needs to be taken in relation to any publicity issued by Mole Valley District Council.
We need to ensure that we do not issue any publicity that covers matters that would be seen as controversial within the ward itself – this could include, for example, publicity in connection with a planning application in the Charlwood or Hookwood area.
We also need to make sure that we do not report any views or proposals in such a way that identifies them with any individual members or groups of members that may be working on a particular project/event in the ward. This also includes any publicity relating to individuals involved directly in the election, for example any candidates who may be standing, unless such publicity is expressly authorised by or under statute.
Additionally, it is very important that we do not issue publicity during the pre-election period which covers a general topic which could be seen to potentially influence voters within the ward.
However, it is permissible for factual information to be published which identifies the names, wards and parties of candidates at elections.
‘Publicity’ not only includes press releases issued to print, but also:
- Websites
- Social media
- Advertising
- Badges, T-shirts, and other ‘giveaways’
- Conferences
- Consultation
- Exhibitions
- Information added to websites during the period
- Most printed materials, which are sent to a wide audience
- Newsletters
- Posters and leaflets
- Radio or television
What this means in practice
1. Council business including Cabinet, Committee and other meetings should continue as usual. This includes Committees determining planning applications, even if they are controversial, although an associated press release in connection with a specific planning application in the Charlwood Ward could not be issued.
2. MVDC can publish factual information to counteract misleading, controversial or extreme information in the Charlwood Ward.
3. We can use quotes from elected members in press releases, but not if these are press releases for a matter that specifically concerns Charlwood. In such a case, only a quote from an officer may be used.
4. We cannot issue press releases that concern a broader issue that could be seen to influence voters to support one candidate/political party over another. Advice in these circumstances should be sought from the Council’s Monitoring Officer.
5. We can produce publicity to promote forthcoming Civic events on behalf of the Chairman of MVDC, but care must be taken if the event is in Charlwood as this could be perceived to influence voters.
6. Care should continue to be taken to ensure that the Council’s publicity resources are not used or allowed to be used or manipulated for party political purposes or to promote a member who is a candidate in the elections. For example, council photographs or other materials to councillors or political groups cannot be supplied unless it has been verified that they will not be used for campaigning purposes.
7. Particularly sensitive or controversial matters will continue to be handled carefully to ensure that Council publicity on such matters does not and is not calculated to impact on public opinion for or against a particular candidate or political party involved in the By-Election.
8. Care should be taken in responding to request for ad hoc meetings of a public nature to ensure that they are required for the proper discharge of the Council’s business and not to promote a particular candidate or party in the election campaign.
9. Requests for action, or postponement of planned action, by individual members should be treated with caution.
10. Material relating to the election or wider political issues, other than that permitted by statute, should not be posted on official notice boards which may be seen by members of the public.
11. We cannot arrange events or proactive media involving candidates, or issue photographs which include candidates, and you should think carefully about starting any new consultations or publishing report findings that might be politically sensitive and could influence voters in Charlwood.
12. Regard should also be had to tweets transmitted during any electoral processes that may be taking place, such as at the opening of postal votes.
Further information
Publicity during the by-election period
If you have any queries or comments, please contact:
For communications issues:
Magdalena Banasiak Tel: 01306 879113
For election and democratic services issues:
Electoral.registration@molevalley.gov.uk
Arabella Davies, 01306 879137 or Dia Irmal, 01306 879215