A lot has changed since Wales last went to the polls for the Senedd election in May 2021.
Our first article in this series provides an overview of some of the headline changes that are coming in 2026, including to the size of the Senedd and the electoral system. But we’ve also seen a lot of changes to the laws and rules that govern how the election will be conducted.
In this article, we’ll look at these changes in detail and what they mean for candidates, political parties and other participants in the election. The changes are aimed at making the elections more open and accessible to the public and to protect voters and campaigners from intimidation.
A fully bilingual Conduct Order
The rules and procedures about the conduct of Senedd elections are set out in a piece of secondary legislation, often referred to as the Conduct Order. The Welsh Ministers are responsible for making this Order and it must be approved by the Senedd.
The Order was fully remade in 2025 for the first time since 2007. It has been made in both English and Welsh for the first time, ensuring that all rules, forms and related instructions are available bilingually.
The 2025 Order mostly restated the existing rules and procedures using “modern and clear language” but there were some significant changes made to reflect legislative changes made by the Elections and Elected Bodies (Wales) Act 2024 and the Senedd Cymru (Members and Elections) Act 2024. The Order also uses gender neutral language for the first time.
We’ll explore some of these changes in detail in this article, as well as those made by other legislation agreed in the Senedd and the UK Parliament.
Changes to the offence of Undue Influence
Undue influence is when someone seeks to apply pressure to force an elector to vote (or not vote) in a way that they would not have done if pressure had not been applied. It is a longstanding electoral offence and a previous version applied to Senedd elections through the 2007 Conduct Order.
A review of electoral law recommended that the offence should be redrafted and modernised as the wording that existed was poorly expressed and hard to enforce.
The Elections Act 2022, passed by the UK Parliament, updated the offence as it applies to reserved elections. In Wales, reserved elections are UK Parliament and Police and Crime Commissioner elections. In 2023, the Welsh Government confirmed that it would update the offence in relation to devolved elections. This was taken forward through the Elections and Elected Bodies (Wales) Act 2024 for local government elections and the 2025 Conduct Order for Senedd elections.
The new offence has been strengthened to give equal importance to threatening to damage a person’s reputation, as well as the previous focus on causing them physical harm. The definition of the offence has also clarified the importance of ‘intent’ – now to be guilty of undue influence “it is enough to establish an intent to unduly influence a person, even if the activity was not actually successful”.
Someone found guilty of undue influence during a Senedd election is guilty of a ‘corrupt practice’ and could face a prison sentence of up to a year or a fine, as well as a five-year disqualification from being registered to vote and being elected to the Senedd or a local authority in Wales.
Intimidation of candidates
The Elections Act 2022 also established a new electoral sanction of a ‘disqualification order’ intended to tackle the intimidation of candidates or holders of elected office. A disqualification order can be imposed by a court on someone convicted of a criminal offence that was motivated by hostility towards a candidate, future candidate, campaigner or holder of a relevant elective office. If imposed, it would ban someone from standing for, being elected to or holding elected office for 5 years.
Unlike most provisions in the Elections Act 2022, this one does apply to Senedd and local government elections in Wales.
More detail on digital campaign materials
Another change made by the Elections Act 2022 is the requirement that digital campaign materials, like social media posts and website advertising, must include the name and address of the promoter and any person on behalf of whom the material is being published (who is not the promoter). This reflects the longstanding requirements for non-digital (i.e. printed) campaign material, such as leaflets. This applies to all elections in the UK, including for the Senedd.
The Electoral Commission published statutory guidance on digital imprints in November 2023.
Statement of party membership
There is a new requirement for candidates to make a statement about whether they have been a member of any registered political parties in the 12 months before the day on which the notice of the election is given.
This was first brought in for local government elections in 2021. At the time, the Welsh Government said that “it should not be acceptable for a person to stand for election without declaring their membership of a political party”.
For candidates on a political party list, they will only need to make a declaration if they have been a member of a different political party to the other they are standing for.
If a candidate knowingly fails to include a statement of party membership that complies with the new requirements, they would be guilty of a ‘corrupt practice’.
New approach to campaign expenditure
The new electoral system being used for the 2026 election means a different approach is required for managing how much money political parties and independent candidates can spend in the run up to the election.
For the first time, the regulated period – the period over which candidates and political parties (or their agents) will be required to account for election expenses – will be the same for both political parties and independent candidates. The regulated period begins four months before the scheduled election – in this case 7 January 2026.
The spending limit for political parties will depend on how many constituencies they are contesting and the number of candidates they put forward in those constituencies. For each constituency they are standing in a political party can add £52,500 for a single candidate, up a sliding scale to £70,000 for standing at least six candidates. The spending limit is a national limit, so this doesn’t need to be spent in a particular constituency.
For individual candidates the campaign spending limits are straightforward - £52,500 – the equivalent limit for a political party standing one candidate in a single constituency.
Expenditure relating to safety and security has been excluded from counting towards spending limits for both candidates and political parties. This responds to a recommendation of the Jo Cox Civility Commission and brings Senedd elections in line with the approach taken for reserved elections.
Electoral Commission Guidance
If you want to find out more about the rules for candidates and political parties at the Senedd election, the Electoral Commission has published detailed guidance for:
- Candidates and agents at Senedd elections
- Political parties on campaign spending
- Non-party campaigners
- Electoral Administrators
Article by Josh Hayman, Senedd Research, Welsh Parliament
