What is the pre-election period and does it matter?

Comment/analysis

The run-up to an election is a fraught time for people vying to represent their fellow citizens.

But beyond the campaigning and door-knocking, the weeks ahead of an election come with a host of rules that councils must adhere to.

Previously known as ‘purdah’, which is now more commonly being referred to as the ‘pre-election period’, there is a range of dos and don’ts governing what councils can and cannot do during this time.

Devon’s pre-election period began this week.

The main restriction is around what a council promotes or communicates to residents between now and the county council election on Thursday 1 May.

The key barometer is whether something a council publicises could be perceived by a ‘reasonable person’ to be using public money to influence the outcome of the election.

‘Think carefully’

An example could be an announcement of a successful campaign accompanied by a picture of the current council leader.

That could be viewed as using council resources to promote the leader – if they are standing again in the election – as well as their political party.

The Local Government Association suggests councils should think carefully before doing certain things.

It acknowledges that if a campaign is already underway and is uncontroversial, then it can continue, particularly if it would waste public money to cancel or postpone it.

“However, you should always think carefully if a campaign could be deemed likely to influence the outcome of the election and you should not use councillors in press releases and events in pre-election periods,” the LGA said.

“In such cases, you should stop or defer them. An example might be a campaign on an issue which has been subject of local political debate and/or disagreement.”

The LGA also warns against councils starting any new consultations, unless they are statutory ones they are instructed to conduct on behalf of the government.

Business (mostly) as usual

However, this doesn’t mean all council business has to stop altogether.

Normal business such as deciding on planning applications, dealing with issues linked to their services, such as adult social care or education can continue.

They can also publish factual information to counteract misleading, controversial or extreme information, including which appears in the media or on social media.

Council officer may still speak to the press and announcements can be made, but these need to be factual and neutral, and be free from any politicisation.

Essentially, a council must remain apolitical during the pre-election period, including the use of its offices for political meetings.

Rooms and resources owned by the council can’t be used for political purposes; candidates are even asked not to publish their council email address on election material or to use official letterheaded paper in their campaign material.

Subtle change

Even though the elections are for Devon County Council, Devon’s district councils will be abiding by the pre-election restrictions.

That’s largely because it could be deemed unfair for a council’s resources to be used to promote that organisation’s ruling party because that same party is likely to be contesting the county council elections too.

Furthermore, the district councils and the county council perform services within the same administrative boundary, meaning residents could be impacted by a change in either tier of local government.

Plymouth and Torbay are not affected by the pre-election period for the county council elections because they are unitary councils and so look after all the services within their borders.

Ultimately, residents should not notice a discernible change in how the council is functioning.

However, they might notice a difference in how the councillors who have been or are hoping to be part of the council are conducting themselves.

Those who hold cabinet positions will tend to avoid giving media interviews about that role, unless it has become absolutely necessary to do so because of an event beyond the council’s control.

If they’re knocking on your door as part of their campaign to get elected, though, or spending their own or their party’s money on campaign material, what they can say is more flexible.

BOX OUT: When does power change hands?

Many people might think that a councillor gains power as soon as they are elected, but that isn’t quite the case.

All councillors technically remain in office until the fourth day after the election -which in this year’s case will be Monday 5 May.

Between that date and Thursday 22 May, when the council holds its annual general meeting, only the outgoing chair – currently Cllr John Hart (Conservative, Bickleigh and Wembury) – has the power to make decisions.

Most decisions during this period are taken by senior officers in line with their delegated powers, possibly in consultation with the chair.

If decisions can wait until the new cabinet has been chosen on Thursday 22 May, the council may opt to do so.