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6 Overview of amendments Eight new sections established All new sections have.X numbering (e.g. 41.1) One section repealed (s. 197) Approximately 50% of the amendments based on CEO recommendations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