Registration of Political Groups (P.115/2025): comments

STATES OF JERSEY

 REGISTRATION OF POLITICAL GROUPS (P.115/2025): COMMENTS

Presented to the States on 16th January 2026 by the Privileges and Procedures Committee

STATES GREFFE

2025  P.115 Com.

COMMENTS

The Privileges and Procedures Committee (PPC) is unable to reach a consensus view on this matter. It has therefore asked the Jersey Electoral Authority (JEA) to provide comment.

The JEA considers that, when it comes to elections, particularly the funding of electoral campaigns, there should be full transparency. The JEA also considers it vital from a voter's perspective, that there is full disclosure if a candidate is not standing in a fully independent capacity, but is not certain that this proposal is the right approach.

The JEA accepts that, long before parties began to be formed, there have always been groupings' and States Members  have  gravitated towards others  who  share  their political  views,  without this  being  explicitly stated. This has  allowed Members  the freedom to change their minds and not be tied to a particular party manifesto and to consider arguments put forward in debate before taking a particular view.

In  recent  times  this  practice  has  been  extended  through  the  creation  of named groups' or movements and there was some disquiet expressed during the 2022 elections to the Jersey Electoral Authority regarding the fact that such bodies did not need to meet the same level of transparency as their party counterparts, despite the fact that they were campaigning as a collective and appeared to be sharing resources. The Authority reviewed the expenses submissions of all candidates after the elections and was satisfied that all relevant declarations had been made.

The current Public  Elections  (Expenditure  and Donations) (Jersey) Law 2014 has provisions which require full disclosure by candidates, whether they are independents or party members, of their spending for the elections and there is also a section relating to  third  party  election  expenses  which  covers expenditure by  people  who  are  not candidates acting independently without the express or implied consent of a candidate to promote  or procure their election or indeed  to prejudice the  prospects  of any candidate. We are satisfied that the existing Law ensures that everyone is required to make full declarations about the funding of their campaigns.

We have considered whether there is any real advantage to a group or collective deciding not to register as a party, apart from avoiding the associated administrative burdens. Registered parties are able to include their party's logo or emblem on a ballot, making their candidates instantly recognisable to the voting public, whereas candidates belonging to a group' do not benefit from this distinction.

The JEA accepts that there should be discussions with the PPC to address any gaps, perceived or otherwise, in the existing Election legislation, but it does not consider the suggestion that there should be a voluntary Code implemented in the interim for this year's elections to be either practicable or policeable. The JEA will, as in 2022, issue a general  Code  of Conduct  for  all  candidates  which  will  include  reference to candidates' requisite declarations under the Law.

As  the  JEA  does have powers  under  Article  17D  of  the  Elections  (Jersey)  Law 2002 regarding the  content  of  the  nomination  form,  it  will undertake  to consider whether there should be some inclusion of a declaration relating to an affiliation to a group or movement in the forms to be used this April.

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P.115/2025 Com.