Political Equality and the Regulation of Election Spending by Parallel Campaigners

Abstract

The regulation of political finance, including the funding of political parties and election campaigns, remains contentious in many democracies. A particular focus of debate has been the regulation of ‘parallel campaigners’– that is, non-candidate and non-party political actors – wanting to influence the election outcome by bringing to bear their economic resources. Drawing on both recent unsuccessful and current attempts at reforming the regulation of election spending by parallel campaigners in New Zealand, this paper explores the conflict between the democratic right to freedom of expression and the idea that all citizens should have a fair opportunity for effective political influence. It is argued that Joshua Cohen's principle of political equality, which entails the balancing of these two values, provides a justifiable framework for regulating political finance, including parallel campaign expenditures, in liberal democracies.