30 June 2008

The Electoral Commission reminds all financial agents and party secretaries that:

1. All election advertisements must contain a promoter statement.
2. The promoter statement must be visible on the published advertisement and of a size that is reasonably legible to the public viewing the advertisement.

Any promoter who wilfully publishes, or causes or permits to be published, an election advertisement in contravention of those requirements commits an offence. Such matters will be referred to the Police unless the Commission considers that the offence is so inconsequential there is no public interest in reporting the facts to the Police. Each instance will be considered on its merits.

Therefore we urge all promoters to take reasonable steps to ensure that:

1. Election advertisements are published in a manner that ensures the promoter statement is effectively displayed and is reasonably legible to the public viewing the advertisement.
2. All persons entrusted with the task of erecting, posting, displaying, or otherwise publishing election advertisements are aware of the requirement to effectively display the promoter statement and that the statement should not be obscured, cropped, or in any other manner prevented from being reasonably legible to the public viewing the advertisement.
3. Election advertisements are regularly monitored to ensure that the promoter statement remains legible.

Background

The Electoral Commission considered two incidents of election advertisements where the promoter statement was not satisfactorily visible. The decisions are available on the Commission’s website at www.elections.org.nz under the news items.

In Decision 2008-06, a billboard had been erected in a location where, when viewed from the footpath, other structures below the billboard obscured part of the promoter statement.

In Decision 2008-08, posters had been posted on a fence. The posters were designed with the promoter statement at the bottom, and this portion of the posters was not visible.

This reminder is being sent to financial agents of parties and third parties because financial agents are the only persons entitled to promote election advertisements during the regulated period (except for promoters spending less than the financial thresholds in section 63(3)(d)).

The Electoral Commission is also sending the reminder to party secretaries because party secretaries are deemed to be financial agents in the absence of financial agents or if a financial agent has not been appointed.

This reminder will also be displayed on the Electoral Commission website as a public notice to all promoters.

Please ensure the contents of this notice are brought to the attention of everyone who is involved in the publication of your election advertisements, whether as a paid activity or otherwise, and that any such person is aware of the requirement to effectively display the promoter statement on all your election advertisements.