Charities and elections: how far can the sector go during election periods?

The debate in brief

Charities exist to advance their causes, and for many, that means engaging with the political process. A homelessness charity that never comments on housing policy, or a disability charity that stays silent during a social care debate, would arguably be failing its beneficiaries. But how much political activity is permissible during an election, when the stakes are highest and the legal constraints are tightest?

The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, universally known as the Lobbying Act, fundamentally changed the rules. It introduced a "regulated period" before general elections during which non-party campaigners, including charities, face strict spending limits and registration requirements with the Electoral Commission. The Act was designed to prevent wealthy third parties from distorting election outcomes, but its effect on charities has been profoundly controversial.

The sector argues that the Lobbying Act creates a chilling effect, deterring charities from legitimate advocacy during the very period when public attention to policy issues is greatest. The government and the Electoral Commission maintain that the rules are necessary to protect the integrity of elections and that charities can continue to campaign on issues as long as they do not seek to influence voting for or against particular parties or candidates.

Quick takeaways

The arguments

The Lobbying Act silences legitimate voices

The most persistent criticism of the Lobbying Act is that it deters charities from speaking out during elections, precisely when their expertise and perspective is most needed. The Act's definition of "controlled expenditure," spending that can "reasonably be regarded as intended to promote or procure electoral success" of parties or candidates, is broad enough to catch a wide range of advocacy activity. A charity that publishes a report on child poverty during a general election campaign, criticises government policy on benefit cuts, or organises hustings events for local candidates may find that this spending falls within the regulated regime.

The chilling effect is well documented. Research by the Commission on Civil Society and Democratic Engagement (the Harries Commission), an independent inquiry chaired by Lord Harries of Pentregarth, found in 2015 that 66% of charities surveyed had already limited their campaigning activity because of the Lobbying Act, and that many were uncertain about what the law required. The Harries Commission concluded that the Act was having a "disproportionate impact on the freedom of charities and voluntary organisations to campaign."

NCVO, the Charity Finance Group, and the Association of Chief Executives of Voluntary Organisations (now ACEVO) have all called for reform. Their central argument is that charities are not political campaigners in any meaningful sense: they advocate for their beneficiaries on issues where they have direct expertise, and their activities are already constrained by charity law, which prohibits partisan political activity. The Lobbying Act adds a second, overlapping layer of regulation that is poorly designed for the sector.

The practical burden is also significant. Charities that might trigger the registration threshold must track spending across multiple budget lines, distinguish between regulated and non-regulated activity, and make legal judgements about whether specific communications could "reasonably be regarded" as intended to influence electoral outcomes. For smaller charities without in-house legal teams, this compliance burden is disproportionate, and the safest course of action is often to say nothing.

Electoral integrity requires clear rules

The government's position, shared by the Electoral Commission, is that the Lobbying Act is necessary to ensure transparency and prevent wealthy organisations from exerting undue influence on elections. Before the Act, there was no effective regulation of non-party campaign spending in the lead-up to general elections. The Act was prompted in part by concerns about the growing role of think tanks, campaign groups, and wealthy individuals in election campaigns, and the principle that voters should be able to see who is spending money to influence their votes.

The Electoral Commission has published detailed guidance for charities and other non-party campaigners, arguing that the rules are workable and that most charity activity falls well below the registration threshold. The Commission's position is that legitimate policy advocacy, such as publishing research, holding events, and making policy recommendations, is only caught by the Act if it can reasonably be regarded as intended to influence votes for or against specific parties or candidates. A charity that campaigns on homelessness policy without targeting specific parties should, in the Commission's view, have no difficulty.

Defenders of the Act also point to the risk that charities could become vehicles for partisan campaigning, either deliberately or inadvertently. A charity that publishes a report on NHS funding two weeks before a general election, knowing that the issue damages the governing party, is making a political intervention whether it intends to or not. The Act's purpose is not to silence charities but to ensure that such interventions are transparent.

The grey zone problem

Much of the difficulty lies in the grey zone between clear-cut cases. A charity that explicitly urges supporters to vote for a particular party is clearly acting outside charity law and the Lobbying Act. A charity that publishes routine annual research that happens to fall during an election period is clearly not campaigning. But between these extremes lies a vast area of legitimate advocacy that could, depending on timing and context, be regarded as electoral campaigning.

The test of whether spending can "reasonably be regarded" as intended to influence electoral outcomes is inherently subjective. It depends not on the charity's stated intention but on how a reasonable person might perceive the activity. This means that a charity can believe in good faith that its campaign is purely issue-based while the Electoral Commission concludes that it crosses the line into regulated activity. The uncertainty is the problem: charities that cannot predict with confidence whether their activity is caught by the Act tend to err on the side of caution, which means less advocacy at the time when it matters most.

The evidence

The Harries Commission's 2015 report remains the most comprehensive assessment of the Lobbying Act's impact on civil society. It found that two-thirds of charities surveyed had reduced their campaigning in response to the Act, and that the compliance burden was disproportionate for small and medium-sized organisations. The Commission recommended significant amendments to the Act, including narrowing the definition of controlled expenditure and raising the registration thresholds.

The Electoral Commission's own post-election reports provide data on the scale of non-party campaigning. After the 2024 general election, 56 non-party campaigners were registered with the Electoral Commission, including several trade unions, campaign groups, and a small number of charities. Total registered non-party campaign spending was approximately £2.6 million, a fraction of total party spending. Critics argue that the low number of registrations reflects not the Act's proportionality but the chilling effect: many organisations that might otherwise have campaigned chose not to.

Research by the Sheila McKechnie Foundation in 2019 found that 48% of charity leaders believed their organisation had self-censored its public policy positions because of regulatory uncertainty, with the Lobbying Act cited alongside concerns about Charity Commission scrutiny. The Foundation's subsequent reports have tracked a persistent pattern of advocacy suppression, particularly among smaller charities and those working on politically sensitive issues.

The Charity Commission's own guidance on political activity, updated most recently in CC9 (Campaigning and Political Activity Guidance for Charities), emphasises that charities can engage in political activity if it furthers their charitable purposes and does not involve supporting or opposing a political party. However, the Commission's guidance is not always easy to reconcile with the Electoral Commission's requirements, and charities must navigate both regimes simultaneously. A 2022 report by the Baring Foundation found that the interaction between charity law and the Lobbying Act created "a regulatory landscape that is confusing, overlapping, and in some areas contradictory."

Current context

The 2024 general election was the third to be held under the Lobbying Act's regulated period regime. Sector bodies reported the by-now familiar pattern: charities pulling back from public commentary during the campaign period, legal advisers counselling caution, and a widespread sense that the sector's voice was muted at a time when policy decisions affecting beneficiaries were being actively debated.

There have been periodic calls for reform. The Harries Commission's recommendations were never implemented in full, though minor adjustments were made to the Act through secondary legislation. The Labour government elected in July 2024 committed in opposition to reviewing the Lobbying Act but has not, as of early 2026, brought forward specific proposals. The sector remains cautiously hopeful but increasingly resigned to operating under the existing framework.

The Charity Commission has continued to advise on political activity. Ahead of the 2024 election the Commission published supplementary guidance and blog posts to reassure charities that legitimate issue-based campaigning remains permissible, though the CC9 guidance itself was last formally updated in November 2022. However, the Commission has also intervened in several high-profile cases where it judged that charities had crossed the line into partisan political activity, reinforcing the sense that the boundaries are actively policed.

Digital campaigning has added new complexity. Social media activity, email campaigns, and online advertising are all potentially caught by the Lobbying Act if they meet the controlled expenditure test. The cost of digital campaigning can escalate quickly, and the distinction between organic social media activity and paid advertising is not always clear-cut in regulatory terms. The Electoral Commission has issued supplementary guidance on digital campaigning, but charities report ongoing uncertainty.

The broader political context matters too. In a period of heightened polarisation, charities working on issues such as migration, climate change, trans rights, and poverty find that almost any public statement can be characterised as politically motivated. The Lobbying Act's chilling effect operates not just through its legal requirements but through the broader atmosphere of caution it has helped to create.

Last updated: April 2026

What this means for charities

Charities should not assume that they cannot campaign during election periods. The law allows a significant amount of issue-based advocacy, and most charity campaigning falls well below the Lobbying Act's registration thresholds. The danger of over-caution is real: charities that go silent during elections abdicate their role as expert voices on the issues that affect their beneficiaries.

That said, charities need to plan. Any organisation that campaigns on policy issues should understand the Lobbying Act's regulated period, the spending thresholds, and the definition of controlled expenditure before an election is called. Legal advice should be sought early, and campaign plans should be reviewed for potential regulatory exposure. The Electoral Commission publishes detailed guidance and operates a helpline for non-party campaigners.

Trustees bear particular responsibility. The Charity Commission's guidance makes clear that political activity must be authorised by the trustees, must further the charity's purposes, and must not involve supporting or opposing a political party. Trustees should ensure that the charity has a clear policy on political activity, that staff understand the boundaries, and that there is a process for reviewing campaign materials during election periods.

Coalition campaigning, where multiple charities work together on a shared campaign, requires additional care. Under the Lobbying Act, spending by coalition members may need to be aggregated for the purposes of the registration threshold, and the rules on joint campaigning are complex. Charities involved in coalitions should clarify how spending will be allocated and reported.

Common questions

Can charities hold hustings events during elections?

Yes. The Electoral Commission's guidance states that hustings events where all candidates are invited and given equal treatment are not normally considered controlled expenditure. However, events that feature only selected candidates, or that are framed in a way that favours one party's position, could be caught. The Charity Commission also permits hustings as a form of public education, provided the charity does not use the event to promote a particular party or candidate.

What happens if a charity exceeds the spending threshold?

Charities that spend more than 20,000 pounds (in England) on controlled expenditure during the regulated period without registering with the Electoral Commission are in breach of the law. The Electoral Commission can impose fines and other sanctions. In practice, the Commission has generally taken an educational rather than punitive approach with charities, but the legal risk is real.

Can charity staff express personal political views?

Staff can express personal political views in a personal capacity, but not while representing the charity. The Charity Commission's guidance advises charities to have clear policies on the distinction between personal and organisational views, particularly on social media where the boundaries can be blurred.

Does the Lobbying Act apply to local elections?

The Act's regulated period and spending limits apply only to UK parliamentary general elections and certain other elections specified in the legislation. Local council elections are not covered by the Act, though charity law restrictions on partisan political activity apply at all times.

What is the difference between political activity and political campaigning?

The Charity Commission uses "political activity" as a broad term covering any activity aimed at influencing government policy, legislation, or political decisions. "Campaigning" typically refers to public-facing activity intended to raise awareness, mobilise support, or change public opinion. Both are permissible for charities if they further the charity's purposes, but the Lobbying Act's restrictions apply specifically to activity that can reasonably be regarded as intended to influence electoral outcomes.

Has any charity been sanctioned under the Lobbying Act?

The Electoral Commission has investigated several non-party campaigners for potential breaches of the Act, though the majority of cases have involved campaign groups and trade unions rather than registered charities. A small number of charities have received warnings or been required to retrospectively register. The low number of formal sanctions reflects both the Commission's generally collaborative approach and the chilling effect that leads most charities to restrict their activity rather than risk enforcement.

Key sources and further reading

• Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 -- UK Parliament. The primary legislation governing non-party campaigning during election periods.

• CC9: Campaigning and Political Activity Guidance for Charities -- Charity Commission for England and Wales, updated November 2022. The Commission's guidance on the boundaries of permissible political activity for charities.

• Report of the Commission on Civil Society and Democratic Engagement (Harries Commission) -- Lord Harries of Pentregarth et al., 2015. Independent inquiry into the Lobbying Act's impact on civil society.

• Non-Party Campaigning Guidance -- Electoral Commission, updated 2024. Detailed guidance for charities and other non-party campaigners on the Lobbying Act's requirements.

• Protecting Civic Space: The Lobbying Act and its Impact -- Baring Foundation, 2022. Analysis of the interaction between charity law and the Lobbying Act.

• Civil Society at the Sharp End -- Sheila McKechnie Foundation, 2019. Research on the chilling effect of regulatory uncertainty on charity advocacy.

• The Right to Campaign -- NCVO, 2018. Sector position paper on the case for reforming the Lobbying Act to protect charity advocacy.

• Electoral Commission Post-Election Reports -- Electoral Commission. Data on registered non-party campaigner spending during general elections.