1 Changes to electoral law Bill 42 – an overview.

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Presentation transcript:

1 Changes to electoral law Bill 42 – an overview

2 Agenda  Timeline of Bill 42  Effective date of amendments  Overview of amendments

3 Bill 42 timeline  CEO report recommending amendments tabled in Legislative Assembly on March 30, 2006  Received first reading on April 30  Amendments to first reading version placed on Order Paper on May 27  Received Royal Assent on May 29, 2008

4 Effective date of amendments  All amendments other than s. 42 and those to Parts 9 and 10 effective on Royal Assent  Amendments to Parts 9 and 10 effective Nov. 1, 2008  Section 42 takes effect on Sept. 1, 2009

5 Effective date of amendments  Amendments do not apply to an election called within six months unless the CEO publishes a notice of earlier readiness in the B.C. Gazette  CEO published notice of readiness for Parts 9 and 10 on November 27, 2008  All but s. 42 now fully in effect

6 Overview of amendments  Eight new sections established  All new sections have.X numbering (e.g. 41.1)  One section repealed (s. 197)  Approximately 50% of the amendments based on CEO recommendations

7 Overview of amendments  New duty of CEO to ensure Act is enforced  Voters may register by telephone  Voters must show ID to vote or register in conjunction with voting  Voters without ID can be vouched for  Voters can be challenged when registering in conjunction with voting

8 Overview of amendments  Increases to nomination requirements  Changes to nomination process and timing  Advance voting hours expanded  Special voting areas now called site- based voting areas  Establishes grounds and deadline for requesting recount as part of final count

9 Overview of amendments  New requirements for registration information for parties and CAs  Standardized election expenses limits for parties and candidates  New pre-campaign disclosure periods  New definition of election advertising  Spending limits for advertising sponsors  Fines for offences doubled

10 Political Party & Constituency Association Registration  Part 9 of Election Act  New registration information :  Contact name  Bank account numbers  Addresses of all principal officers  Due by December 31, 2008  Suspension possible

11 Political Party & Constituency Association Registration  Registration information must be kept current  Updates due within 60 days of change  Suspension possible  Political Party Guide to Registration  Constituency Association Guide to Registration

12 Deregistration Financial Reports  All deregistered political parties & constituency associations  Due within 6 months  Audited unless:  ED boundary change (constituency associations only)  $5,000 or less in expenses and $5,000 or less in political contributions since last report

13 Election Financing  Part 10 of Election Act  Many significant changes previously recommended by CEO  Revised forms  Guide for Financial Agents  Auditor’s Guide  Completion Guides

14 Financial Agents & Auditors  Required for:  Registered political parties  Registered constituency associations  Candidates  Leadership contestants (in some cases auditors not necessary)  Vacancies must be filled within 60 days  Registration information updates due in within 60 days

15 Other New Requirements  Separate bank accounts mandatory  Due date of loans now mandatory  Ban on political contributions from federal political parties or their electoral district associations  Deputy financial agents can file reports if financial agent is absent or incapable

16 Leadership Contestant Expenses  Political parties can now incur contestant expenses on behalf of their leadership contestants  Must advise contestant’s financial agent of all such expenses  Contestant reports as transfers received from political party  Political party reports transfers given to contestant

17 Reimbursing Election Expenses  Financial agents now permitted to allow campaign workers to pay election expenses and be reimbursed by financial agent  Financial agents must still approve all election expenses before they are incurred

18 Political Contributions  Now allowed to accept political contributions over $100 over internet or phone  Debit and EFTs allowed  Contributor must use own credit card or own bank account

19 Election Expenses Limits  Now two periods for election expenses  60 day pre-campaign period (February 13 – April 13, 2009)  Campaign period (April 14 – May 12, 2009)  Separate spending limits for each period  Unused spending limit cannot be carried forward to campaign period

20 Expenses Limits for 2009 General Election 60 Day Pre- campaign Period Campaign Period Political Parties$1.1 million$4.4 million Candidates$70,000