
Charities are permitted to engage in campaigning and political activity, provided that it is consistent with the legal framework and supports the delivery of their charitable purposes. They are, however, prohibited from engaging in party politics, which includes supporting or funding a political party, candidate, or politician. This independence is crucial for maintaining public trust in charities. While charities can support or oppose specific policies advocated by political parties, they must ensure that their activities are not perceived as promoting a particular party or candidate. In the context of elections, charities must carefully consider how their political campaigning may be interpreted and ensure that it aligns with their charitable purposes.
Characteristics of political campaigns set up as charities
| Characteristics | Values |
|---|---|
| Can political campaigns be set up as charities? | Yes, any charity can become involved in campaigning and political activity to further or support its charitable purposes, unless its governing document prohibits it. |
| What are the restrictions? | Political activity must not become the reason for the charity's existence. Charities must remain independent and must not give their support to a political party or candidate. |
| What are the rules for leftover campaign funds? | There are rules in place that dictate how money can be spent after a campaign concludes. Permitted uses include charitable donations, donations to other candidates, and saving it for a future campaign; personal use is prohibited. |
| What are the rules for donations to political campaigns? | Donors who wish to make contributions to political campaigns should note that they do not count as charitable donations and, therefore, cannot be used to claim a tax deduction. |
| What are the rules for charities around elections? | Charities can support and oppose the policies of political parties. They should consider how this might affect perceptions of their charity's independence. |
| What are the rules for charities around electoral law? | Electoral law is overseen by the Electoral Commission, which regulates election campaigning by political parties and certain types of campaigning by third parties, known as non-party campaigners. |
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What You'll Learn

Political campaigns and charities: legal and regulatory requirements
Political campaigns and charities are subject to distinct legal and regulatory requirements that define their operations and interactions. While political campaigns involve fundraising and advocating for specific candidates or parties, charities have different objectives and must adhere to specific rules when engaging in political activity.
Charities play a crucial role in advocating for policy changes and social issues, often through campaigning and influencing relevant audiences. In the UK, the Charity Commission provides guidance on political activity and campaigning for charities, emphasising their independence from party politics. Charities are prohibited from supporting or funding political parties or candidates, and their activities must align with their charitable purposes. They can, however, support or oppose specific policies advocated by political parties as long as it furthers their charitable goals and does not promote a political party or candidate. Trustees of charities are responsible for ensuring compliance with these rules and maintaining the charity's independence.
The Electoral Commission, on the other hand, regulates election campaigning by political parties and certain types of campaigning by third-party non-party campaigners. It sets rules on spending limits for different types of campaigning activities, which charities should also consider during election periods.
In the context of political campaigns, it is essential to understand the regulations surrounding campaign contributions and expenditures. In the US, the Federal Election Commission governs how funds raised by candidate committees are spent, including donations to charities, other candidates, and political party committees. Rules also dictate that personal use of campaign funds is prohibited, and donors cannot claim tax deductions for political contributions.
While charities cannot directly engage in political campaigns, they can utilise their resources and platforms to advance their charitable purposes through advocacy and campaigning. This may include influencing policies, decisions, or laws made by public bodies or international organisations. By doing so, charities can contribute to social change and ensure that existing laws are observed, as long as they maintain their independence and do not promote specific political entities.
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Charities and political parties: what is and isn't allowed
Charities can and do engage in campaigning and political activity, and this remains the case during elections. However, charities must remain independent and must not give their support to a political party or candidate. This is important for maintaining public trust in charities.
Charities can support and oppose policies of political parties, but this must be done in a way that is consistent with the legal framework and in the best interests of the charity. Charities must also be mindful of how this might affect perceptions of their independence. Trustees must not allow charities to be used as a vehicle for the expression of the political views of any individual trustee or staff member.
Charities can also campaign to ensure that existing laws are observed. However, a charity cannot exist for a political purpose, which is defined as any purpose that furthers the interests of a political party or seeks to change the law or policy.
Charities must also be mindful of the rules regarding the use of funds. For example, in the US, once the political campaign is over, leftover funds can be donated to charities as long as the candidate does not receive any compensation from the charity before the funds are spent.
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Political activity and charitable purposes: the relationship
Charities can engage in political activity and campaigning, as long as it is consistent with the legal framework and supports the delivery of their charitable purpose. The Charity Commission uses the term "political activity" to describe activities or campaigning to change or influence policies or decisions taken by public bodies, including international organisations such as the UN and World Bank, and national or local organisations such as regulators or NHS Trusts.
Charities must remain independent and cannot have political purposes. They must never stray into party politics or promote a political party or candidate. Trustees must ensure that their charity is not used to express the political views of individual trustees or staff members. Charities can support and oppose the policies of political parties, but this must be consistent with their charitable purposes and the impact on the people they support. It is important to consider how this might affect perceptions of the charity's independence.
Charities can also campaign to ensure that existing laws are observed. For example, a disability charity could campaign to make sure children get everything they are entitled to under existing laws. They can also engage in activities to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, as long as these are conducted in a non-partisan manner.
It is important for charities to carefully consider their political campaigning, especially during election periods, as people are more likely to question their political independence. They must ensure that their activities further their charitable purposes and are in their best interests.
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Charities and elections: risks and considerations
Charities play an important role in advocating for policy change. Elections can be a key opportunity to further charitable and campaigning goals. However, charities must be aware of the potential risks of political campaigning and the considerations that come with it.
Firstly, charities must maintain their independence and cannot have political purposes. This means they cannot give their support to, or fund, any political parties or candidates. They must also ensure that their charity is not used to express the political views of individual trustees or staff members. This is crucial for maintaining public trust in charities. While charities can support or oppose specific policies advocated by political parties, they must do so in a way that is consistent with their charitable purposes and does not stray into party politics.
Secondly, charities must be mindful of how their political activity may be perceived by the public. They should consider how their issues could be met with opposing views during an election campaign and how it might affect their reputation. Trustees should ensure that any political activity undertaken by the charity is a legitimate and reasonable way to further its charitable purposes and is in the best interests of the charity.
Additionally, charities need to be aware of electoral law and the regulations set by the Electoral Commission. While the Commission does not regulate which campaigning activities charities can and cannot carry out, it does set rules on spending limits for certain types of campaigning activities. Charities must also ensure that their staff and volunteers working on campaigns understand and comply with these rules.
Overall, while charities can engage in political activity and campaigning during elections, they must do so within the legal framework, maintaining their independence, and considering the potential risks and impacts on their charitable purposes and reputation.
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Political campaigning: the role of trustees
Trustees play a crucial role in ensuring that charities adhere to regulations regarding political campaigning. They are responsible for ensuring that their charity's political activity and campaigning are conducted within the legal framework and are consistent with the charity's purposes and best interests.
Trustees must ensure that their charity remains independent and does not align itself with any political party or candidate. While charities can support or oppose specific policies advocated by political parties, trustees must prevent the charity from being used to express the political views of individual trustees or staff members. This is essential to maintain the charity's reputation and public trust.
To achieve this, trustees should carefully consider the impact of their charity's political activity, especially during election periods when scrutiny is heightened. They should assess how their charitable goals might intersect with opposing views and election agendas. Additionally, trustees should be mindful of how their charity's statements and actions may affect public perceptions of their political independence.
Trustees also need to be aware of electoral law and the regulations set by the Electoral Commission, which oversees election campaigning by political parties and non-party campaigners. While the Electoral Commission does not regulate specific campaigning activities, it sets rules on spending limits for certain types of campaigning.
Ultimately, trustees are accountable for ensuring that their charity's political campaigning is legitimate, reasonable, and aligned with its charitable purposes. They should refer to the guidance provided by the Charity Commission and other regulatory bodies to make informed decisions and maintain the integrity of their organisation.
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Frequently asked questions
Charities can support political campaigns as long as they remain independent and do not give their support to a political party or candidate. They can support or oppose a policy of a political party as long as it aligns with their charitable purposes and helps them achieve their goals.
Charities cannot donate to political campaigns as it would be considered a political purpose. However, they can donate leftover funds from a campaign to other charities or candidates.
Charities can receive donations from political campaigns. However, donors must note that these contributions do not count as charitable donations and cannot be used to claim a tax deduction.
Charities can engage in political activity as long as it is not the reason for their existence and it supports the delivery of their charitable purpose. They must also ensure that their activities are not seen as party politics.

























