Pre election guidance for charities and CICs from the Charity Commission

Given the forthcoming general election, we are keen that members feel confident understanding the legislation and good practice that applies during the ‘Pre Election Period’. Please do take some time to familiarise yourself with the Charity Commission Guidance for Elections and the ‘Campaigning and political activity guidance for charities (CC9)’ guidance that outlines what charities need to consider when campaigning or engaging in political activity.

NCVO have also produced guidance for charities - General Election 2024 | NCVO that is intended to recognise the that the upcoming general election is an important opportunity for charities across the country to make their voices, and the voices of the communities they support, heard. Their guidance will be updated, and is designed to enable charities to campaign with confidence, and within the rules.The guiding principle of charity law in terms of elections is that charities must be, and must be seen to be, independent from party politics.This means that charities are free to approach the candidates in an election, setting out the charity’s concerns and asking for the candidates’ opinions on them, with a view to promoting debate.

However, the Charity Commission clarifies that charities should be especially wary of associating or becoming associated in the minds of the public with a particular candidate or political party. Where the charity supports a popular cause, candidates may see a benefit to themselves in being seen to support the charity, but the charity should be careful to ensure that it is not seen as reciprocating that support. As you will know, charities must never support particular candidates even if those candidates belong to a range of political parties.

We would advise CICs to follow this guidance. If you have any questions or concerns or would like to talk through any of the guidance, please do let us know.