A Fianna Fáil election candidate has won the first round of his legal battle against spending limits. Des Kelly says the limits discriminate in favour of sitting TDs and Senators.
The High Court has granted the Dublin Mid-West candidate leave for a judicial review of the legislation. Papers in the case are to be delivered to the Chief State Solicitor today and a response should be heard next Friday morning, when a date for the case should be set.
Under the Electoral Act, general election candidates are strictly limited in the amount they can spend on their campaigns, depending on the size of their constituency. However, anything paid for out of public funds is not regarded as an election expense.
This means, for instance, that TDs and Senators do not have to include in their spending figures the 1,500 prepaid Oireachtas envelopes they receive each month free of charge.
A successful challenge to the rules would not affect the holding of the election, but it would create an administrative nightmare for candidates who are serving politicians, as they try to stay within the spending limits.
