13. Is there a ban on the use of state resources in favour or against a political party or candidate?

[ELO 113] Prohibition on use of State resources to campaign

113(1)It shall be unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition.

(2)It shall be unlawful for any public officer to conduct campaign activities.

(2A) For the avoidance of doubt, subsection (2) does not apply to a public officer who provides—
(a) information, whether orally or in writing; or (b) any security services, in the performance of his or her duties as a public officer.

(3)It shall be unlawful to force, pressure or intimidate public officers to participate in campaign activities, to attend campaign rallies or meetings, or to assist a political party or candidate in campaigning in any manner, in or outside work hours.

(4)It shall be unlawful to conduct campaign activities or to post or distribute any campaign material inside a public office.

(4A) It is unlawful to use a Government vehicle to conduct campaign activities unless the vehicle is used for the purposes of providing security.”

(5)Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

Section 113, Electoral Act 2014, amended in 2021

S113 of the Electoral Act 2014 makes it unlawful to force public officers to conduct or assist in campaign activities or to assist a political party in any manner, within or outside working hours, and to post/distribute campaign materials in public offices.  New amendments in 2021 make it unlawful to use a Government vehicle to conduct campaign activities