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Police asked to investigate Conservative election letters | Police asked to investigate Conservative election letters |
(35 minutes later) | |
Police have been asked to investigate claims letters sent in David Cameron's name led to a breach of election law. | Police have been asked to investigate claims letters sent in David Cameron's name led to a breach of election law. |
The former Liberal Democrat MP Adrian Sanders has demanded Devon and Cornwall Police take action. | The former Liberal Democrat MP Adrian Sanders has demanded Devon and Cornwall Police take action. |
He said the general election mailshots last year meant the Conservatives had broken local spending limits. | He said the general election mailshots last year meant the Conservatives had broken local spending limits. |
A Conservative Party spokesman said they did not fall under constituency spending restrictions because they did not name the party's local candidate. | A Conservative Party spokesman said they did not fall under constituency spending restrictions because they did not name the party's local candidate. |
The letters repeatedly referred to Torbay, telling voters how important it was for them to back the Tories in that constituency. | The letters repeatedly referred to Torbay, telling voters how important it was for them to back the Tories in that constituency. |
One concluded: "The only way you can stop Ed Miliband and the SNP taking us back to square one is to vote Conservative here in Torbay." | One concluded: "The only way you can stop Ed Miliband and the SNP taking us back to square one is to vote Conservative here in Torbay." |
The BBC has been shown similar correspondence sent to voters in another seat. | The BBC has been shown similar correspondence sent to voters in another seat. |
Mr Sanders, who lost his Torbay seat to Conservative Kevin Foster in the 2015 general election, said: "It is a specific targeted mailshot to a voter in a given constituency saying vote for our candidate in that constituency. | Mr Sanders, who lost his Torbay seat to Conservative Kevin Foster in the 2015 general election, said: "It is a specific targeted mailshot to a voter in a given constituency saying vote for our candidate in that constituency. |
"That has to be a local cost, not a national expense." | "That has to be a local cost, not a national expense." |
A Conservative spokesman said: "Simply referring to the location where the elector lives does not promote any named candidate. | A Conservative spokesman said: "Simply referring to the location where the elector lives does not promote any named candidate. |
"The literature only promoted the national Conservative Party. | "The literature only promoted the national Conservative Party. |
"Such literature was not a local election expense under the RPA [Representation of the People Act] regime, as it was not connected with promoting the election of any candidate." | "Such literature was not a local election expense under the RPA [Representation of the People Act] regime, as it was not connected with promoting the election of any candidate." |
'Administrative error' | 'Administrative error' |
Gavin Millar QC from Matrix Chambers said Mr Sanders had a strong case and claims about election literature could lead to by-elections. | |
He said: "The law says if you're convicted of the offence of making a false declaration you attract automatically a five-year incapacity for holding public office and that means you must relinquish your seat in Parliament if you're an elected MP." | |
But Mr Millar, a former Labour councillor, added that other national parties also tended to think they could record similar expenses in their national return. | But Mr Millar, a former Labour councillor, added that other national parties also tended to think they could record similar expenses in their national return. |
The Conservative agent in Torbay at the general election responsible for reporting local expenses, Alison Hernandez, has since been elected as the local police and crime commissioner. | The Conservative agent in Torbay at the general election responsible for reporting local expenses, Alison Hernandez, has since been elected as the local police and crime commissioner. |
Devon and Cornwall Police have asked West Mercia Police to investigate earlier allegations of undeclared spending - made after an investigation by Channel 4 News into visits by a Conservative Party campaigning "battle bus". | Devon and Cornwall Police have asked West Mercia Police to investigate earlier allegations of undeclared spending - made after an investigation by Channel 4 News into visits by a Conservative Party campaigning "battle bus". |
The Conservative Party has acknowledged that, owing to an "administrative error", some accommodation costs for the activists may not have been properly registered. | The Conservative Party has acknowledged that, owing to an "administrative error", some accommodation costs for the activists may not have been properly registered. |
Ms Hernandez has been referred to the Independent Police Complaints Commission. She denies any wrongdoing. | |
The law which governs local election spending - the Representation of the People Act - defines election expenses as those incurred "with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election". | The law which governs local election spending - the Representation of the People Act - defines election expenses as those incurred "with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election". |
The Electoral Commission has previously said such letters are "generally reportable" under national spending limits, but the final position depends on specific "facts and context". | The Electoral Commission has previously said such letters are "generally reportable" under national spending limits, but the final position depends on specific "facts and context". |