How Vote Leave broke the law
Probe concludes that pro-Brexit campaign breached spending rules
Brexit campaign group Vote Leave has been fined and referred to the police by the Electoral Commission for breaking electoral law.
The independent watchdog found “significant evidence of joint working” between the group and another supposedly independent pro-Brexit organisation, BeLeave, that resulted in Vote Leave exceeding the £7m electoral spending limit by almost £500,000.
The long-awaited report said that Vote Leave passed on to BeLeave more than £675,000 that “should have been declared” by the former, reports The Guardian.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
“Crucially, the cash was used to pay data firm Aggregate IQ and – a whistle-blower claimed - potentially enabled it [Vote Leave] to precisely target enough voters on social media to have swayed the Brexit result,” says The Independent.
Darren Grimes, the founder of BeLeave, and Vote Leave official David Halsall have been reported to the police. Vote Leave has been fined £61,000 and Grimes £20,000.
The commission said it had shared its investigation files with the Metropolitan Police in order “to investigate whether any other offences had been committed outside the watchdog’s remit”, reports the BBC.
Vote Leave also returned an incomplete and inaccurate spending report, with nearly £234,501 reported incorrectly, and invoices missing for a total of £12,849.99 of spending.
Labour MP David Lammy, a supporter of the anti-Brexit Best for Britain group, said: “This news makes the narrow referendum result looks dodgier than ever. It's validity is now in question.”
What is Vote Leave accused of?
According to Vote Leave, the draft report outlines four allegations against the campaign: that it made an inaccurate return of campaign expenditure, is missing a number of invoices and receipts, failed to comply with a statutory notice, and exceeded the spending limit for a political campaign.
The allegations centre on a £680,000 donation passed on by the campaign to a separate youth Brexit group called BeLeave, led by student Darren Grimes.
Whistle-blowers claim that the two groups worked together closely – which is not permitted by electoral law – and that the donated money was actually used by Vote Leave.
BeLeave was “simply a proxy of Vote Leave itself”, with the cash diverted in order to keep the main campaign under the Electoral Commission’s £7m spending limit, according to activist and former Vote Leave volunteer Shahmir Sanni.
Sanni alleges that the cash was used to pay data firm Aggregate IQ for targeted social media messaging for both groups, Sky News reports.
Electoral rules also stipulate that different campaign groups can work loosely together but they must not have a “common plan”.
The nature of the relationship between the two groups has been an issue of contention since the 2016 referendum. The Daily Mirror says Vote Leave has “faced two years of questions” over its financial dealings with Grimes.
What has Vote Leave said?
A Vote Leave spokesperson said the report contains “a number of false accusations and incorrect assertions that are wholly inaccurate and do not stand up to scrutiny”.
It was “astonishing” that none of the campaign members were interviewed by the watchdog while it carried out its investigations, the spokesperson claimed, adding: “All this suggests that the supposedly impartial commission is motivated by a political agenda rather than uncovering the facts. The commission has failed to follow due process, and in doing so has based its conclusions on unfounded claims and conspiracy theories.”
The group were said to be “considering their options” but “were confident the ruling would be overturned”.
Elliott has denied all of the allegations against Vote Leave and accused the watchdog of not following “due process” in its investigation.
He told Sky News: “They’ve listened to these, quite frankly, marginal characters... but haven’t had evidence from Vote Leave side of things.
“I think it is a huge breach of natural justice that they haven’t wanted to listen to our opinions and our story and we were the people running the campaign.”
In an interview with the BBC, Elliott added: “I believe we acted both within the letter of the law and also the spirit of the law and the spirit of how you should conduct a campaign.
“We got the designation, Vote Leave, as the officially designated campaign for Leave, on the basis that we would be working with other groups – we wouldn’t just solely be working on our own, we would work alongside other groups and encourage them, and encourage their activities.”
What has the Electoral Commission said?
Bob Posner, the commission's director of political finance and regulation, said: “The Electoral Commission has followed the evidence and conducted a thorough investigation into spending and campaigning carried out by Vote Leave and BeLeave.
“We found substantial evidence that the two groups worked to a common plan, did not declare their joint working and did not adhere to the legal spending limits. These are serious breaches of the laws put in place by Parliament to ensure fairness and transparency at elections and referendums.”
Posner continued: “Vote Leave has resisted our investigation from the start, including contesting our right as the statutory regulator to open the investigation. It has refused to cooperate, refused our requests to put forward a representative for interview, and forced us to use our legal powers to compel it to provide evidence.
“Nevertheless, the evidence we have found is clear and substantial, and can now be seen in our report.”
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Saint Paul de Vence: a paradise for art lovers
The Week Recommends The hilltop gem in the French Riviera where 20th century modernism flourished
By Alexandra Zagalsky Published
-
'People in general want workers to earn a decent living'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
What might a Trump victory mean for the global economy?
Today's Big Question A second term in office for the 'America First' administration would send shockwaves far beyond the United States' shores
By Rafi Schwartz, The Week US Published
-
What is the next Tory leader up against?
Today's Big Question Kemi Badenoch or Robert Jenrick will have to unify warring factions and win back disillusioned voters – without alienating the centre ground
By Harriet Marsden, The Week UK Published
-
What is Lammy hoping to achieve in China?
Today's Big Question Foreign secretary heads to Beijing as Labour seeks cooperation on global challenges and courts opportunities for trade and investment
By Harriet Marsden, The Week UK Published
-
Is Britain about to 'boil over'?
Today's Big Question A message shared across far-right groups listed more than 30 potential targets for violence in the UK today
By Sorcha Bradley, The Week UK Published
-
UK's Starmer slams 'far-right thuggery' at riots
Speed Read The anti-immigrant violence was spurred by false rumors that the suspect in the Southport knife attack was an immigrant
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
The Tamils stranded on 'secretive' British island in Indian Ocean
Under the Radar Migrants 'unlawfully detained' since 2021 shipwreck on UK-controlled Diego Garcia, site of important US military base
By Harriet Marsden, The Week UK Published
-
Britain's Labour Party wins in a landslide
Speed Read The Conservatives were unseated after 14 years of rule
By Peter Weber, The Week US Published
-
Will voter apathy and low turnout blight the election?
Today's Big Question Belief that result is 'foregone conclusion', or that politicians can't be trusted, could exacerbate long-term turnout decline
By Harriet Marsden, The Week UK Published