I have been following the debate on what candidates can spend on elections carried forward in The Times. Clearly, the law seeks to build a watertight limitation on the Lm600 that can be spent on the electoral campaign of any candidate. It does so with heavy penalties, principally the loss of the parliamentary seat of any MP that violates it.

Section 46 of the Electoral (Polling) Ordinance (Chp. 102) provides that "... no sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during, or after an election on account of or in respect of the conduct or management of such election, in excess of €1,397.62". That wording may, at first, suggest that any other expense involved in an electoral campaign can be paid for by supporters and donors of the candidate.

Indeed, several politicians act and speak as if the spending limit does not apply to expenses paid out by third parties. On Dissett, John Dalli was asked how could one organise an electoral campaign today, without breaking the law. In response, he declared that his campaign was "self-financed" and explained that he had paid for nothing and that it was all paid for by his supporters.

The law however, in section 42, makes it clear that "... all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance or deposit, shall be paid to the candidate or his election agent and not otherwise". That money then becomes part of what the candidate or his election agent can pay, namely €1,397.62!

Until the law is changed, we will continue to hear discordant notes between the law and reality.

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